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.
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.
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:
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.
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:
Analyzing the Evidence: Your lawyer meticulously reviews the disclosure, looking for:
Strategic Decisions: Disclosure reshapes how the case is viewed by both sides:
Building Your Defence: Disclosure offers clues for further defence investigation, which witnesses are important, and shapes your trial strategy.
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.
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.
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.
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.
NEVER make this decision alone. Your lawyer can explain potential defences or challenge the evidence in ways you wouldn’t understand.
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:
Don't face this alone. Contact us for a free confidential case review to discuss your case.
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