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Disclosure - Foundation
This programme consists of 7 modules and introduces the learner to the fundamental Prosecution duty of Disclosure. The focus is upon the requirement to disclose to the defence that material which is ‘unused’ and satisfies the statutory test. This is in contrast to the evidence upon which the Prosecution relies to prove the case. Only if the responsibilities of Disclosure are rigorously applied can any case be said to have been conducted fairly and objectively.
The aim of the programme is to provide the learner with the skill and knowledge to effectively comply with the obligations imposed by statute, recognise the types of material involved and deal with the appropriate review and service of that material.
Whist touched upon, there are aspects of a more complex nature such as Public Interest immunity and Third Party Material, which are not dealt with in depth. The learner will find further sources of guidance upon these topics contained within the Programme.
Completion of the programme should take no longer than 2 hours and 5 minutes in total. An indication of the individual module length is given below.
Total Time (approximate): 2 hours and 5 minutes
Modules
Module 1. An Introduction to Disclosure
Estimated Completion Time: 5 Minutes
Sets out the aims and objectives of the programme with a brief history of the evolution of the current law and policy.
Module 2. Roles and Responsibilities
Estimated Completion Time: 15 Minutes
Defines and describes the role of the several parties to the Disclosure process, from Investigator to Prosecutor; demonstrates their relevant duties and responsibilities within that process.
Module 3. Retention and Recording
Estimated Completion Time: 25 Minutes
Sets out the definitions and issues around the categories of relevant, ancillary and oral material. Describes that material which attracts routine retention and revelation.
Module 4. Initial Disclosure
Estimated Completion Time: 40 Minutes
Sets out the obligations of the Disclosure Officer and the Prosecutor together with an explanation of the relevant MG forms, their purpose and how to complete them. Describes the application of the statutory test for Disclosure. A brief outline of issues of Public Interest Immunity and Third Party material is included.
Module 5. Duty To Review
Estimated Completion Time: 5 Minutes
Covers the responsibility of continuous review of case material and the actions to effect Disclosure where required.
Module 6. Defence Disclosure
Estimated Completion Time: 25 Minutes
Examines the need for, the contents of, and the Prosecution approach to Defence statements for further Disclosure; sets out the time limits for service and response; demonstrates how to deal with sensitive material.
Module 7. Special Issues, Reference Library and Feedback
Estimated Completion Time: 10 Minutes
Provides access to further sources for consultation and guidance on disclosure. Feedback questions on the learning experience.
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