Check a prosecution disclosure certificate against the brief
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the disclosure certificate and the brief the lawyer supplies, list each item the certificate says exists but is not in the brief, and each item in the brief the certificate does not mention. Do not decide that the prosecution has complied with its duty.
- What the lawyer must review
- The lawyer decides what is outstanding and what to seek. In matters prosecuted by the ODPP NSW, chapter 13 of the Prosecution Guidelines says prosecutors must disclose, in a timely way, material known to them that on a sensible appraisal is relevant or possibly relevant to an issue, raises or possibly raises a new issue, or holds a real prospect of leading to evidence of either kind. The duty continues after trial and any appeal. It does not extend to material relevant only to the credibility of defence witnesses, or relevant only because it might deter the accused from leading false evidence on a fact not in issue. Police must certify under section 15A of the Director of Public Prosecutions Act 1986 that the DPP has been notified of all documentation, material and information that might be relevant. A claim of privilege or immunity is generally notified by service of the section 15A certificate. The prosecution must not disclose material that may be privileged or immune without first consulting the officer in charge. Sexual assault communications privilege material that comes to the ODPP must be returned, and the defence notified of its existence and of any claim. Withholding notice of disclosable material requires Director or Deputy Director approval, and the guideline says the prosecution must be discontinued unless unfairness can be ameliorated.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the disclosure certificate and the brief the lawyer supplies, list each item the certificate says exists but is not in the brief, and each item in the brief the certificate does not mention. Do not decide that the prosecution has complied with its duty. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Reconcile the certificate to the brief item by item. Do not treat silence in the certificate as proof that nothing else exists.
- Flag any item that may be privileged, immune, or sexual assault communications material, and leave the claim to the lawyer.
- Confirm witness addresses, dates of birth and telephone numbers are not copied into a document for the accused unless the lawyer says the exception applies.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.