ABSTRACT

A few topics remain to be considered now that the applicable principles, and some of the evidence of recent practice found in the studies and judgments, have been discussed. These topics can be usefully grouped under the heading of practical issues in disclosure. The topics to be examined include whether the police actually have a central case file in which to gather information, continuing resource issues and how much information regarding the occupational history of a police officer must be released when he is expected to testify. Other topics include the amount of information that must be disclosed to the defence about the credibility of a defence witness who is expected to testify, infallibility of the DNA databank and Victim Impact Statements, and the obligation on the prosecution to note formally and pass on to the defence confidential material in the hands of third parties that may assist the defence. Finally, the approach to be taken when evidence has been lost or destroyed by the prosecution will be discussed.