Disclosure of evidence

What is disclosure? the production of material/evidence (both prosecution and defence) that will be used at the trial of a defendant Criminal Procedure and Investigations Act 1996 The act which disclosure is governed by R v Saunders Purpose of disclosure in the police station is primarily to assist the legal advisor in being able to properly "protect and advance the legal rights of their client". Disclosure officer The person who records and logs all material/evidence....

CrPR part 8 P should provide IDPC in all cases & it governs the requirements for IDPC CrPR 8.2 notice to be served to D & their sols ASAP & no later than the beginning of the day of 1st hearing CrPR 8.3 IDPC must include details of the offence committed, D criminal record, any witness statements & statements of effect on V CrPR 8.4 D must have sufficient time to consider any additional evidence Criminal Procedure & Investigations Act 1996 governs the disclosure o...

What is disclosure? Disclosure relates to production of material/evidence (both prosecution and defence) that will be used at trial of defendant Why is disclosure so important? 'He who knows only his side of the case knows little of that.'- John Stuart Mill (1859) R v Davies Rowe and Johnson 2001 - £10,000 payment by police to informant - Jury member's secret visit to crime scene - Convictions were quashed only because of way disclosure was handled in such way that con...

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Disclosure of unused materials and defence statements ensures fairness. True or False? True CPIA 1996 Under the CPIA 1996 envisages a staged approach to the disclosure of unused protection material and defence case What does a statutory duty oblige police officers to do? it obliges police officers investigating an offence to record and retain information and material gathered or generated, that may be relevant to the investigation Does relevant material that isn't expec...

What is disclosure? Disclosure relates to the production of material/evidence (both prosecution and defence) that will be used at the trial of a defendant The the duty of disclosure under s. 3 CPIA 1996 is _________ and _______. the duty of disclosure under s. 3 CPIA 1996 is objective and ongoing. What act governs disclosure? Post charge / pre-trial disclosure is governed by the Criminal Procedure and Investigations Act 1996. What disclosure can be given pre-charge, in ...

Used and Unused Material Used material = material relied on to prove indictment i.e. the case papers: WSs, exhibits, ROTI Unused material = material NOT relied upon e.g. PC's pocket book, dead-end police enquiries, repetitive statements, crime reports Investigator's Duty to Retain and Record Relevant Material Investigator = police officer investigating crime Duty to Record and Retain Relevant Material Code of Practice (under Criminal Procedure and Investigations Act ("CPIA"))- ...

Define disclosure The providing of the opportunity for the accused to be able to inspect the materials covered by the provisions of the Criminal Procedure and Investigations Act 1996 What are the rules or disclosure? • For the prosecution to disclose to the accused any material which might undermine the case for 'the prosecution, or which might reasonably be expected to assist the accused in their defence' • All involved in the CJS must ensure that we are human rights compliant b...