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Disclosure Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Disclosure notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Disclosure What is the investigator's duty with regards to disclosure?

What is the duty on the prosecutor about disclosure?

When must the prosecutor make disclosure?

When does the duty on the prosecutor cease?
What are the duties on the defence in relation 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. 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: (i) Undermining the case for the prosecution against the accused; or (ii) 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. 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. It is a continuing duty to disclose this material until either the D is convicted or acquitted or the case is dropped. 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.

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