ABSTRACT

The police and the prosecution have extensive resources, and the advantage of being the first to be informed of an alleged crime. This allows the police to speak to potential witnesses, decide what evidence is available and which potential investigative ‘leads’ to pursue or disregard. Recent changes in legislation have increased the State’s advantage in investigation and prosecution. The changes include the modification of the use of the right of silence, in the face of police questioning and at trial,1 and the requirement of detailed defence disclosure in indictable proceedings combined with restrictions on prosecution disclosure.2