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BPTC Law Notes BPTC Criminal Litigation Notes

Disclosure Notes

Updated Disclosure Notes

BPTC Criminal Litigation Notes

BPTC Criminal Litigation

Approximately 1169 pages

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Disclosure

What is the investigator’s duty with regards to disclosure?

To retain any material obtained in a criminal investigation which may be relevant to that investigation. Such material may include:

  • Crime reports;

  • Custody records;

  • Records derived from tapes of telephone messages (e.g. 999 calls) containing descriptions of the alleged offence or offender;

  • Final versions of W/S (and previous drafts if they differ from the final version;

  • Interview records;

  • Communication between police and experts and reports of work carried out by experts;

  • Any material casting doubt on the reliability of the confession;

  • Any material casting doubt on the reliability of a witness;

  • Any other material that would fall within the test for primary prosecution disclosure.
What is the duty on the prosecutor about disclosure?

The prosecution must disclose everything they wish to rely on, such as witness statements.

It is the duty of the prosecutor to disclose any unused prosecution material which might reasonably be considered capable of:

  1. Undermining the case for the prosecution against the accused; or

  2. Of assisting the case for the accused.

NB This is an objective test!

This may include material that would help the defendant (‘D’) in cross examination, or support arguments that evidence is inadmissible or that proceedings should be stayed, or suggest an explanation of D’s actions.
When must the prosecutor make disclosure?

There is no prescribed time-limit, so disclosure must be done as soon as reasonably practicable.

In the Crown Court this is usually at the same time as service of the papers (70days if bailed and 50days if in custody). In Mags’ it is usually required within 28days following pleas.
When does the duty on the prosecutor cease? It is a continuing duty to disclose this material until either the D is convicted or acquitted or the case is dropped.
What are the duties on the defence in relation to disclosure?

Mags’ Court: D may supply a defence statement.

Crown Court: D must supply a defence statement.

A defence statement may also be required to be served on co-Ds if the court so orders.

NB A defence statement is deemed to be given on behalf of D, and may be shown to the jury.

The defence statement must be served within 14days of the prosecution complying with their duty of disclosure.
What is the content of a defence statement?

It should set out:

  1. The nature of the defence, including any particular defences he wishes to rely upon;

  2. The facts that D takes issue with the prosecution and why;

  3. The facts D intends to rely on;

  4. Any point of law D wishes to take, and any authority on which D intends to rely for that purpose; and

  5. Where the defence is alibi:

  1. The name, address and DOB of any witness able to support the alibi; and

  2. Any information that may help in identifying such witnesses where details cannot be provided.

In addition, D must give notice of witnesses he...

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