Fichas
Disclosure
Fichas del conjunto (62)
- 1When will disclosure obligations arise?When someone pleads not guilty
- 2Why do disclosure obligations exist?To make sure there is a compliance with article 6 human rights - right to a fair trial
To ensure that nothing that may assist the defense is kept from them - 3WHat is the appropriate extent of disclosure?question of fact to be determined in each case
- 4What is used material? What is unused material?Used - material that prosecution intend to use at trial, relevant to investigation , supports their case
UNused - material prosecution doesn't intend to use, relevant to case, possible supports defence or undermines the prosecution - 5What is advance information? Where does the legal burden of proof lay?Material that the defence are entitled to have in order to decide whether to plead guilt or not guilty
On the prosecution - 6What does the human rights act state about advance information? (3)-Requires advance disclosure of the evidence the prosecution wishes to rely upon - as soon as practicable
-Person is to be informed promptly and in detail about the nature and cause of the accusation against them
-Accused is entitled to have adequate time from prep for their defence - 7In the magistrates court, what must the prosecution provide?-a SUMMARY of the circumstance of the offence
- Defendants PREVIOUS CONVICTIONS
-Any ACCOUNT given by the defendant in INTERVIEW
-WITNESS STATEMENTS or EXHIBITS
-STATEMENTS ABOUT OFFENCE E.G. vic statement - 8When must this be provided?ASAP Or no later than the beginning of the day of the first hearing
- 9Who must this information be provided to?Court and defendant
- 10According to the rules, is it necessary to provide advance information?No, the rues state only when defence requests it but out of practice should be done beforehand
- 11Is there a requirement for advance info at crown crt?Not necessarily
- 12Following committal how will the defence obtain the prosecution case? What happens if they want additional evidence post committal?Through witness statements
They must serve such evidence on the defence - 13If a witness/vic has provided several statements but the prosecution only wishes to rely on one for their case, do all have to be disclosed to the defence?No, only the one they wish to rely upon
- 14Can a witness provide a partial statement? e.g. want to omit certain information with the fear of reprisalN, they must be told to give a full statement or be dropped as a witness
- 15What happens if a witness is being intimidated and a full disclosure would interfere with the course of justice?OIC to talk to prosecution which who may limit disclosure of all or part of the advance information
- 16What must investigators pursue? And also R and R all?All reasonable lines of enquiry?
And RECORD and RETAIN all relevant material - 17What kind of info would affect the credibility of a witness?Previous convictions
sought or received a reward
Any motive fro making false allegations
Any other info that casts doubt on reliability - 18WHat happens if not sure if material is relevant?SHould err on the side of caution and retain any material
- 19Can negative material be relevant material? Give an exampleYes. e.g. enquiries show witnesses didn't see anything
- 20Will complaints made in previous investigations of officers involved in the case have to be disclosed?Generally NO.
UNLESS PROVEN COMPLAINTS ABOUT DISHONESTY. Anything else e.g. disobedience not relevant
e.g. DCI re-writing interview notes should have been disclosed - 21Will details of witnesses of an arrest be relevant?No
- 22Is an opinion that a witness is lying relevant material?Yes
- 23Should relevant material that is inadmisible be retained?Yes.
the fact an item of information cannot be put in evidence by a party does not mean that it is worthless.
Often the train of inquiry which leads to the discovery of evidence which is admissible may include an item which is not admissible. - 24How should relevant material be recorded?In a durable and retrievable form
- 25When should material be recorded? HINT CASAP
CONTEMPORANEOUSLY - 26WHat if material that was previously examined later in the investigation becomes relevant?Where practicable, should take steps to recover the material or ensure it is preserved by the person in possession of it.
- 27What happens if relevant info is in possession of a 3rd party who refuses to disclose it?- prosecutor should take reasonable steps to pursue this 3rd party
-OIC to inform third party of investigation
-Invite them to retain material
-letter to be sent accompanied by explanation leaflet
IF STILL REFUSE:
- Make application for special procedure material (prior to charge)
- Apply for summons (post charge) - 28AT which point must the prosecutor disclose 3rd party material to the defence?When it has come into the possession of the prosecutor
- 29WHat extent of investigation is reasonable?Should be proportionate to the seriousness of the crime
- 30WHat is a criminal investigation?Conducted by police officers or other persons with a view to it being ascertain whether:
Someone should be charged with an offence
Whether they are guilty of the offence charged with - 31Can a criminal investigation begin before an offence is committed?Yes, e.g. surveillance op
- 32Who oversees the process of recording and retention of relevant material? Can the role of an OIC be delegated? Who can perform this role?OIC
No
Officer directly involved in investigation or officer overseeing the investigation - 33Can functions fo the OIC be delegated?Yes to other police officers or non-police staff but OIC remains RESPONSIBLE
- 34Who is responsible for recording the identity of the disclosure officer?Chief Officer of police for each force is responsible for putting arrangements in place
- 35Who can be a disclosure officer? When should they be appointed?Anyone who is suitably trained and experienced
Can be officer or non-police staff
as long as no CONFLICT OF INTEREST e.g. vic of same crime
-At start of investigation - 36Must a disclosure officer provide a declaration?Yes that they have inspected all relevant material
- 37When will disclosure officer be obliged to compile schedules?When offence is indictable or either way (likely to be indict)
When accused is likely to plead non guilty at trial - 38When is it unnecessary to compile schedules?-When the offender has admitted to having committed an either way offence or summary
- A police officer has witnessed the offence and the person has not denied it
-If believed to plead guilty at summary trial - 39What is the extent of initial disclosure by CPS?No set time limit
Full primary prosecution disclosure should take place as SOON AT PRACT. after the DUTY ARISES. - 40At which point will the duty of FULL INITIAL DISCLOSURE arise?When DP committed to Crown CRT
Is proceeding to trial in MAG CRT. - 41Will it ever be necessary to disclose LIMITED evidence prior to committal?-Material to help DP prepare for trial
-His DP arguments at committal
-Help an application to stay proceedings for an abuse process
- To help DP prepare for bail application - 42WHat are the consequences of failing to engage in initial disclosure? Will crt proceedings e automatically stayed?Defence do not have to provide their defence disclosure
Crt has discretion to adjorn trial
- Not automatically stayed - has discretion to stay proceedings for an abuse process - 43What if CRT believes CPS deliberately witheld evidence?Power to stay proceedings
Claim fr damages
Conviction may be overturned - 44In terms of DEFENCE disclosure, is is mandatory in Mag crt? WHat about Crown crt?Mag - No (voluntary)
(usually if not satisfied with initial disc., want ot examine items in MG6 of wishes to show strength of defence)
Crown - Yes - 45If the defence do not submit their disclosure, can they access document from schedules of unused materials? In mag? In crown? In Crown, what can the court draw?Both, no cannot access
In crown can draw adverse inference - 46What is the TIME LIMIT for defence disclosure in Mag? What about in Crown? WHat if filed out of time?Mag - 14 DAYS
Crown - 28 DAYS
-will NOT be excluded
-Can still trigger ongoing duty to disclose
-Can draw adverse inference (although this doesn't prove guilt alone) - 47WHat is the defendant changes their story in Magistrates? What about in crown?Crt has discretion to admit defence statement in cross exam. and adverse inf. can be drawn
Same - 48When will the court allow an extention? Is there a limit on extention? Is thre a limit on the number of extentions?WHen satisfied the defence could not reasonablly have submitted the statement on time
No
No - 49WHat does the defence statement contain?- accused DEFENCE
- any issues they have with statements etc
-Explain where the issues are and why
-ANy laws they wish to take
-ANy alibi details
-Request for disclosure of any material - 50Is the defence obliged to give details of any witnesses?Yes, name, DOB, Address, contact deets
- 51WHo has an ongoing duty to review unused material?investigators
OIC
disclosre officers
prosecutors - 52What info must be disclosed to the defence? Is the test objective or subjective?Unused material - assists or undermines prosecution or defence
Objective - prosecutors opinions do not matter, based on reasonable person - 53How lonog must material be continued to be reviewed for?Until caseis completed by -accquital, conviction or discontinuance
- 54WHat is sensitive material? WHat is the exception to witholding sensitive material?Information that is not in the public interest to disclose
Risk of serious prejudice
-necessary to preserve rights of another or safeguard public interest - 55WHat is the balancing act?A court must weigh up the public interest in not disclosing sensitive material VS info that would prove defendants innocence and avoiding a miscarriage of justice.
- 56Give examples of sensitive materialNational security issues
Intelligence
Material given in confidence
Identity of informants
Locations of surveillance - 57Is the location of OCCUPIED premises used for surveillance sensitive material? What is the need to protect?Yes
need to protect the owner of the occupier - 58Are details about a vehicle used for surveillance sensitive material?No,unmarked police car used, info regarding colour, make and model not sensistive
- 59When must all relevant material be retained for?Till decision is made whether to institute proceedings for the offence (accquital, convictions, dropped)
- 60POS CONVICTION How long must relevant material be held for following conviction? (3)- till DP released from CUSTODY following custodial sentence
- when discharged from hospital following hospital order
-in ALL CASES 6 MONTHS AFTER CONVICTION. - 61What happns if DP released early?6 months form the time of conviction e.g. convicted of 112 months and out in 4. Held for another 2
- 62What if an appeal is in progress at time? What if an application to criminal case review?Until end of appeal
Until commission decides not to refer case to crt
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- (POLICE POWERS) NIE Fichas sobre Disclosure , creado por Isa - el 16/02/2020.
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