CLP 4: Pre-trial hearings and confessions Questions and Answers
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Criminal law
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Criminal Law
CLP 4: Pre-trial hearings and confessions Questions and Answers
What is used and unused material? Where does prosecution get these material? - ANSW- * predominantly from investigative material that the prosecution decide which material will be used (relied upon at trial) and unused (not relied u...
CLP 4: Pre-trial hearings and confessions Questions and
Answers
What is used and unused material? Where does prosecution get these material? - ANSW- *
predominantly from investigative material that the prosecution decide which material will be used
(relied upon at trial) and unused (not relied upon at trial)
Used material: consists of the case papers and other material that forms part of the evidence in the case
Unused material: not being relied upon by the prosecution
Why may unused material be important? - ANSW- Some of the unused material may contradict or cast
doubt on used material
Fairness demands that material in the hands of the prosecution that might help a defendant is served on
that defendant
Golden rule requires full disclosure
Where are some main disclosure provisions found? - ANSW- * Criminal Procedure and Investigations
Act (CPIA) 1996
* Criminal Procedure and Investigations Act (CPIA) 1996
* Criminal Procedure Rules (CrimPR)
* Attorney General's Guidelines on Disclosure
* Judicial Disclosure Protocol
What are the four stages of disclosure? - ANSW- general scheme of disclosure falls into four stages:
* the investigation stage (duty to record and retain material during the investigation)
,* initial duty of disclosure on the prosecution
* defence disclosure
* continuing duty on the prosecution to keep disclosure under review
The investigation stage: what duties are they involved? Who are these duties imposed on? - ANSW- The
duty to retain and record relevant material
--> during a criminal investigation all material (including information) which may be relevant to the
investigation must be recorded in a durable or retrievable form and retained
Every investigation will have:
* An officer in charge of the investigation (responsible for directing the investigation and ensuring that
proper procedures are in place for recording information and retaining records of information and other
material)
* An investigator
* A disclosure officer
may be carried out by the same person, in complex cases will be individually assigned
What is the investigator role, and the disclosure officer role? What are their duties? - ANSW-
Investigator:
* must follow all reasonable lines of enquiry, whether these point towards or away from the suspect and
the investigator must be 'fair and objective'.
Disclosure officer:
* responsible for examining material retained and revealing material to the prosecutor and to the
defence at the prosecutor's request
* must inspect, view, listen to or search all relevant material that has been retained by the investigator
and must provide a personal declaration that this has been done
* Where there is doubt as to whether any material is disclosable, the disclosure officer must seek the
advice and assistance of the prosecutor.
, What kind of materials may be relevant to the investigation (so that they must be retained)? - ANSW- •
Crime reports
• Records from tapes or telephone messages (such as 999 calls) containing the description of an alleged
offender
• Witness statements (and drafts if they differ from the final version)
• Exhibits
• Interview records
• Experts' reports and communications between the police and experts for the purposes of criminal
proceedings
• Records of first descriptions of suspects and any material casting doubt on the reliability of a witness
* accused person's explanation for offence/ any material casting doubt on confession
How long does duty to retain relevant material last? - ANSW- * lasts at least until a decision is taken
whether to institute proceedings against a suspect for a criminal offence
* once proceedings commenced: all material must be retained until the accused is acquitted or
convicted, or the prosecutor decides not to continue with the case
* where D is convicted and in custody: material must be retained at least until the defendant is released
from custody (or discharged from hospital)
* where D is convicted but was not in custody (or hospital order): until six months from the date of
conviction
* where appeal against conviction is in progress: all material that may be relevant must be retained until
the appeal is concluded
--> Where material comes to light after proceedings have concluded which throws doubt upon the safety
of the conviction, the prosecutor must consider disclosure of the material
What are the procedures for provision of unused material to prosecutor? - ANSW- DCP sets out
procedure for the prosecutor to be notified by the disclosure officer of every item of unused material
* Crown Court cases: the disclosure officer prepares a schedule known as an MG6C which individually
lists the items of unused material
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