M8-1.3 The Prosecution’s Duty of Disclosure
Instructions
1. Read the text and then complete the comprehension quiz to test your understanding.
2. If you prefer, you can listen to the video below.
Note: This is an edited extract from a blog article from Christopher Kessling’s website. Find the original at Prosecution Disclosure of Unused Material.
Text
THE PROSECUTION'S DUTY OF DISCLOSURE
What is the duty of disclosure on the prosecution in a criminal case? The prosecution is under an initial duty of disclosure and must follow the disclosure test contained in section three of the Criminal Procedure and Investigations Act 1996. This disclosure test means that unused material in the possession of the prosecution which may, from an objective standpoint, weaken the prosecution case or strengthen the defence case, should be disclosed to the defence.
When does the duty to disclose commence? The statutory duty under the Criminal Procedure and Investigations Act 1996, commences once the defendant in the magistrates' court has pleaded not guilty and the case has been adjourned for trial or for cases going to the Crown Court, once the case has been sent for trial. It lasts until the end of the trial.
Although there is an initial duty of disclosure on the prosecution, this duty is a continuing one and does not conclude until the verdict has been reached or the case is otherwise discontinued. This means that the prosecution must disclose material which may assist the defence or undermine the prosecution case at any stage of the case, even if this material is only discovered at a late stage such as during the trial itself.