Legal Aid NSW Criminal Law Division

Prosecution Disclosure (and non-disclosure) in Criminal Matters - June 2018, paper by Felicity Graham & Stephen Lawrence

November 15, 2018
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This paper, written by Barrister's Felicity Graham and Stephen Lawrence, discusses the following in relation to disclosure obligations in criminal maters:

1. Common law principles governing disclosure in criminal matters.

2. Legislation provisions and their different effects.

3. Various sources of policy, practice and procedure that operate in addition to common law and statute which also work to ensure appropriate disclosure occurs.

5. Various mechanisms available to accused persons to obtain or compel disclosure.

6. The approach of appellate courts when a failure of disclosure is raised on appeal against conviction.

7. The use of subpoenas as a mechanism to obtain relevant material in criminal proceedings.


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