Disclosure
The Crown's Evidence: What You Need to Know About Disclosure
Facing criminal charges is overwhelming, and likely the biggest question on your mind is what evidence the police and Crown have against you. The concept of “disclosure” is your right to know their case, so you can fight back.
What is Disclosure?
The Crown’s Broad Duty: Prosecutors have a high legal and ethical obligation to share all relevant evidence they intend to use at trial, or that could reasonably be used. This goes beyond just things that strongly support their case.
- Evidence That Hurts: They must disclose evidence that could weaken their case, or cast doubt on a witness’s reliability.
- Evidence That Helps: They must disclose evidence that may support your defence, or assist you in establishing a specific legal defence (like self-defence).
- “Relevant” is Key: This doesn’t mean every scrap of paper in the police file. But, it must be information that has some meaningful bearing on the charges you face, or that potentially impacts the credibility of the case against you.
Your Right to a Fair Trial: Full and timely disclosure ensures you’re not blindsided at trial. It allows you to properly prepare a response and explore all avenues of defence.
Types of Disclosure: This might include:
- Police reports, witness statements, notes from interviews.
- Photos, videos, or physical evidence from the alleged crime scene.
- Expert reports (forensic analysis, medical reports relevant to the charges).
- Your own criminal record (if the Crown intends to use it).
- Any statements you made to the police.
- Evidence that may impact the credibility of the Crown’s witnesses.
The Crown's Duty in More Detail
The Ongoing Obligation: Prosecutors don’t just hand over a package and that’s it. If they obtain new evidence, they must update the disclosure.
Limits Do Exist: There are a few narrow exceptions to disclosure, like information that would jeopardize an ongoing investigation, or protected categories like privileged communications. Your lawyer can challenge these if they try to withhold important things.
Consequences of Non-Disclosure: If the Crown violates their disclosure obligations, there are consequences. Evidence could be excluded, the trial might be delayed, or in extreme cases, the charges could be stayed altogether.
What Happens with Disclosure
Timing: Compiling disclosure takes time. There are legal deadlines, but delays are common, especially in serious cases. Your lawyer will keep you updated
The Disclosure Package: Your lawyer receives the disclosure, often in vast amounts of digital or hard copy materials.
What YOU Should Do:
- Resist the Urge: It’s tempting to dig in, but wait for your lawyer’s guidance. You might misinterpret things, or fixate on details rather than the big picture.
- Be Patient: Disclosure is often a waiting game. Focus on what you can control with your lawyer’s help.
- Be Honest: If there’s something in disclosure that makes you look bad, or contradicts what you’ve said before, tell your lawyer. Surprises at trial rarely help your case.
The Role of Your Lawyer
Analyzing the Evidence: Your lawyer meticulously reviews the disclosure, looking for:
- Weaknesses in the Crown’s case: Are witness statements unreliable, is the science flawed?
- Potential legal issues: Did police violate your rights in getting the evidence? This might lead to it being thrown out.
- Evidence that supports your defence: Even a small detail can become a major point in your favor at trial.
Strategic Decisions: Disclosure reshapes how the case is viewed by both sides:
- Does it change the plea bargain discussion?
- Are there now grounds to ask for charges to be reduced or dropped?
- Does it alter the decision of whether to have a trial?
Building Your Defence: Disclosure offers clues for further defence investigation, which witnesses are important, and shapes your trial strategy.
Frequently Asked Questions
Can the Crown hold back evidence until the last minute?
They have an obligation to provide timely disclosure, and to update it as new evidence is obtained. However, sometimes delays or surprises do happen, which your lawyer will address in court if needed.
What if I'm sure something exists, but it's not in disclosure?
Your lawyer can sometimes request specific information, or raise the issue in court. It depends on what it is, and whether the Crown can justify not having it.
Can I refuse to provide evidence for the police (lineup, DNA, etc.)?
This is complex, and there is no one-size-fits-all answer. A lawyer will advise you based on your case, as there are potential consequences for refusing.
What if I don't agree with something in the witness statements?
Your lawyer will help you decide if it’s worth challenging the witness’s version of events, either through cross-examination at trial or other means.
If the disclosure looks bad, should I just plead guilty?
NEVER make this decision alone. Your lawyer can explain potential defences or challenge the evidence in ways you wouldn’t understand.
Let's Talk About Your Case
The disclosure process is stressful, and the outcome of your case can hinge on how it’s used. Using our vast experience and honed skill, we will:
- Demand full and timely disclosure from the Crown.
- Scrutinize the evidence with an eye to protecting your rights.
- Use the disclosure to build your strongest possible defence.
- Explain your options so you can make informed decisions.
Don't face this alone. Contact us for a free confidential case review to discuss your case.
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