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SCOT TStd PROSHCU TION COLEGE
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
® \IcLeod (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
PROVIDE RELEVANT DISCLOSE
INFORMATION MATERIAL INFORMATION
TO COPFS TO DEFENCE
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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SCOT TISi PROSECUTION COLLEGE