Pre-Trial Disclosure: General Rule and "Unused"/"Sensitive" Material

?
What is the rule on notice for D?
D must receive notice of case + have an adequate chance to meet it.
1 of 9
Are there formal rules on how much disclosure to D is required before he is subjected to a formal interview , in police station?
No
2 of 9
What was the traditional rule on pre-trial disclosure?
Neither side was under a duty to disclose evidence in advance
3 of 9
What was the traditional rule regarding "unused material"?
D's task was to look for evidence of innocence (P had no duty to help with it)
4 of 9
Which act provides for a single objective test of disclosure of "unused material"?
CPIA 1996
5 of 9
Where did P fail to disclose "unused material", with the result that material was excluded altogether + trial ended?
Boardman
6 of 9
What can P do where there is "sensitive material"?
P can apply for a ruling that disclosure would be contrary to public interest (TJ has to decided if material is sensitive + then whether disclosure of sensitive material is required to make trial fair)
7 of 9
What procedure developed after H v C?
"Special advocate procedure"
8 of 9
In which case was there an informant wanting to preserve their anonymity? Could the informant do so?
WV. Informant could preserve anonymity due to threat to his life if identity was revealed (violates ECHR right to life). Balancing of all parties' interests
9 of 9

Other cards in this set

Card 2

Front

No

Back

Are there formal rules on how much disclosure to D is required before he is subjected to a formal interview , in police station?

Card 3

Front

Neither side was under a duty to disclose evidence in advance

Back

Preview of the back of card 3

Card 4

Front

D's task was to look for evidence of innocence (P had no duty to help with it)

Back

Preview of the back of card 4

Card 5

Front

CPIA 1996

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal Procedure and Criminal Evidence resources »