It should also be borne in mind that while items of material viewed in isolation may not be reasonably considered to be capable of undermining the prosecution case or assisting the accused, several items together can have that effect. The Guidelines on disclosure develop this further, stating that: What may assist the accused has to be objectively assessed from any available prosecution material, including what is said by the accused when questioned in interview by HSE and/or the police. Material must be disclosed if it 'might reasonably be considered capable of undermining the case for the prosecution or of assisting the case for the accused'.

The initial disclosure test is an objective test. This duty specifically arises following receipt of a defence statement and when details of the issues in dispute in a prosecution have been recorded on the effective trial preparation form.Ģ.

Stage 3: Continuing duty of disclosure by the prosecution: The prosecutor must keep under review throughout the criminal proceedings the question of whether there is material which might reasonably be considered capable of undermining the prosecution case or of assisting the case for the accused.

The defence also have to disclose to the prosecutor and the court advance details of any witnesses they intend to call at a trial (see paragraph 14 below).

Stage 2: commonly referred to as 'Defence disclosure': This is made by a defence statement (sometimes referred to as a 'defence case statement'), which is mandatory in Crown Court cases and voluntary in magistrates' court cases.

Stage 1: Initial disclosure by the prosecution: This requires the prosecution to disclose any unused material which might reasonably be considered capable of undermining the prosecution case or of assisting the case for the accused.

Where a criminal investigation began on or after 4 April 2005, disclosure to the defence takes place in the following stages: Introduction to the work related deaths sectionĭisclosure stages Disclosure of unused material in criminal investigationsġ.Employment tribunals - Jurisdiction of the tribunal.The sentencing hearing and imposing the sentence.Loss of evidence / failure to disclose unused material.Records required by statutory provisions.Reporting and publicity - Freedom of information.European Convention on Human Rights (ECHR) considerations.Reporting and Publicity - Abuse of process at common law.Approach to common categories of material.Preparation for guilty plea in the magistrates court.Information to assist the sentencing court.Initial details of the prosecution case.

Proceedings against director, manager, secretary or other similar officer.

Obtaining evidence using section 20 powers.

Evidence that may assist your investigation.

7 steps in criminal investigation