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SOT St FE ROSECU TION: COU E CAE
Disclosure
Kirsty McGowan
Policy Division, Crown Office
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The Disclosure Duty....
THE CROWN MUST
DISCLOSE ALL
INFORMATION FOR
OR AGAINST THE
ACCUSED
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Leading Disclosure Cases
®" \JcLeod (guiding authority)
" McDonald (reaffirms McLeod)
# Holland & Sinclair (specific
refinements to McLeod)
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What is “Information’?
" Information is ALL relevant information
obtained during the investigating or
prosecuting process held by the
PROSECUTING AUTHORITIES
= Includes information held by the
CROWN or any reporting agency.
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What must the SRA do?
" Record ALL relevant information obtained
= Provide the Crown with all relevant
information
=" Pursue all “reasonable lines of enquiry”
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What must the Crown do?
=" Consider ALL relevant information and
assess whether it meets the disclosure
test. I.e. is the information for or against
the accused ?
" Disclose ALL information that meets the
disclosure test
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ONGOING DUTY
= Disclosure is an ONGOING duty throughout
and beyond the life of the case.
= Any decision that information is NOT relevant
must be kept under review
= Any decision that information does NOT meet
the disclosure test MUST be kept under
review
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Ongoing Duty cont/d
eS
PROVIDE RELEVANT DISCLOSE
INFORMATION MATERIAL INFORMATION
TO COPFS TO DEFENCE
REVIEW
DECISIONS
Consequences of Non-
Disclosure
"Unnecessary trials
=" Unnecessary delays
" MISCARRIAGES OF JUSTICE
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What next for Disclosure
=" Lord Coulsfield’s recommendations
=" Legislation and Code of Practice
=" Schedules in Solemn cases
=" Public Interest Immunity
# Joint Working with ACPOS
" Training
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SOOT Sr ROSE TICOIN COU ECE
Any Questions?