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Disclosure And Considering Evidence Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Disclosure And Considering Evidence 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, and Considering Evidence Disclosure

* Duties, and responsibilities, of parties governed by CPIA 1996.

* The staged approach is:

* Initial Prosecution Disclosure;

* Defence Disclosure;

* Continual Review by P. What?

When?

Initial Details

r10.3 requires that initial details of the prosecution case must include:

* a summary of the evidence on which that case will be based; or

* any statement, document or extract setting out facts or other matters on which that case will be based; or

* any combination of such a summary, statement, document or extract; and

* the defendant's previous convictions.

r10 allows D to request Initial Details before day of first hearing. If no request is made, and in any event, P must serve ASAP and no later than the beginning of the day of the first hearing (r10.2(2)).

Initial P's Disclosure

Mags In the Magistrates' Court the prosecution should provide the defence with case papers (i.e. Used Material)

Mags within 28 days of a Not Guilty plea and in any event in enough time to allow the defendant and his legal advisers to consider the evidence (paragraph 57 of the Disclosure Guidelines);

Per s3 CPIA, P must disclose to D all material in P's possession which has not already been disclosed, which might reasonably be considered capable of undermining the case for P against D, or of assisting the case for D.

Crown Court In the Crown Court, case papers (Used Material) should be served within 50 days of a case being sent where the defendant is in custody and 70 days where the defendant is on bail;

Crown Court In the Crown Court, case papers (Used Material) should be served within 50 days of a case being sent where the defendant is in custody and 70 days where the defendant is on bail; r22.2 - P must inform the court once he has complied with initial disclosure. r22.3 - P must apply in writing to Court for PII ruling and serve on any parties whom D thinks would be directly affected by disclosure. Hearing must be in private.

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