4. Procedure - Disclosure of evidence questions with 100% correct answers 2023

What is disclosure? Disclosure relates to the production of material/evidence (both prosecution and defence) that will be used at the trial of a defendant The the duty of disclosure under s. 3 CPIA 1996 is _________ and _______. the duty of disclosure under s. 3 CPIA 1996 is objective and ongoing. What act governs disclosure? Post charge / pre-trial disclosure is governed by the Criminal Procedure and Investigations Act 1996. What disclosure can be given pre-charge, in the police station The primary purpose of disclosure in the police station is primarily to assist the legal advisor in being able to properly “protect and advance the legal rights of their client” (R v Saunders) What are the prosecutions duty of disclosure? What is used material Defence are entitled to have disclosed to them any material that the prosecution will be using as part of their case. Examples include: - Witness statements - Exhibits - Expert reports - Recordings of police interviews with the suspect, and transcripts of the interviews - Recordings of successful identification procedures The prosecution has two types of disclosure what are they 2 types - primary disclosure; and secondary disclosure. Primary disclosure of used material – this is disclosure of all of the material the prosecution intend to rely upon at the trial. Includes: any of the investigators material. The disclosure of this evidence is mandatory. Used material has to be served Prosecution duty of disclosure: unused material. What is unused material and qwhat act explains unused material? Governed by s.3 CPIA 1996 (as amended, CJA 2003) Includes all material gathered that the prosecution is not relying on at court. What does s.3 CPIA 1996 require about disclosure? S.3 CPIA 1996 requires disclosure of material that: A) is capable of undermining the case for the prosecution; or B) is capable of assisting the case for the accused. This is an objective test and there is an ongoing duty on the prosecution, not just a one-off (s.7A CPIA 1996). If the unused material passes the s.3 test does it need to be disclosed to the defence? yes The police will prepare a form of all the unused material and serve on the defence, what is this form? a schedule of unused material (form MG6C) Will a custody record be disclosable The custody record is not necessarily disclosable unless it meets the test set out in section 3 CPIA. NOTE: the defence can have access to a copy of the custody record in any event for up to a year after the suspect’s release from custody. It may be disclosable in this case for example in respect of the risk assessment / failure to provide Paul with an appropriate adult, this may support Paul’s application to have his confession excluded. What does the defence's duty of diclosure look like? The defence also has a duty to assist in the disclosure of their case by way of a defence disclosure statement. When is the disclosure statement mandatory and when is it volunatry and what act governs this? If the case is going to be tried in the Magistrates’ Court this is voluntary (s.6 CPIA 96) If the case is going to be tried in the Crown Court this is mandatory (s.5 CPIA 96). What goes in the defence disclosure statement? What act governs this (s.6A CPIA 96) What are the time limits for the defendants disclosure statement in the magistrates and crown court? Disclosure Statement in the magistrates’ court must be filed with the court and prosecution within 14 days from disclosure by the prosecution of unused material Disclosure Statement in the Crown court must be filed with the court and prosecution within 28 days from the disclosure by the prosecution of unused material. Inferences can be drawn from the disclosure statement if there are failings in the discloure statement? Failings in the disclosure statement may result in inferences being drawn under s.11 CPIA 96. If the statement is filed outside of the time limit; If the evidence given by the defendant in court is different to that contained in the statement; Defence adduces an alibi not mentioned in the statement; Calls a witness not previously identified in the statement. What applictaions can the defence make for further disclosure? If the defence have reasonable cause to believe there is material that should be disclosed to them, they can apply to the court under s.8 CPIA. It is usual for the Judge to consider a s.8 application in the absence of the parties. Judge will look at the defence statement and the evidence in question and apply the s.3 CPIA test. If the judge deems that the evidence should be disclosed the prosecution will have 14 days to do so. If the judge deems that the evidence should not be disclosed the defence will be told. When can information be withheld from disclosure? Can the prosecution ever withhold information? Yes, if it does not satisfy the s.3 CPIA 1996 test; OR Yes, if it is protected by Public Interest Immunity. Explain public interests immunity