Annex 8 Current Disclosure Timelines
A. Solemn (High Court and Sheriff & Jury)
Custody Cases
Day 1: First Appearance ( CFE) PF immediately requests statements & CHRs ? |
Day 5: Police submit essential statements ? |
Day 21: Police submit the remainder of statements held by them for the case, along with witness CHRs ? |
Days 21 -28:PF considers the statements in PF's possession for disclosure and redaction purposes and disclose statements to the defence ? |
Days 28-Indictment: Police will submit any additional statements and/or CHRs that they obtain. The PF will consider the statements & disclose to the defence at earliest opportunity ? |
Service of Indictment:PF will disclose any CHRs for civilian witnesses listed on the indictment ? |
Between Service of Indictment & PH: Police will submit any additional statements and/or CHRs that they obtain. The PF will consider these & disclose to the defence at earliest opportunity ? |
Between PH and Trial Diet: Police will submit any additional statements and/or CHRs that they obtain. The PF will consider these & disclose to the defence at earliest opportunity |
Bail/ OTA Cases
Day 1: First Appearance ( CFE) PF requests statements & CHRs within 3 calendar days of CFE ? |
Day 21: Police submit all statements held by them for the case, along with witness CHRs ? |
Days 21 -28:PF considers the statements in PF's possession for disclosure and redaction purposes and disclose statements to the defence ? |
Days 28-Indictment: Police will submit any additional statements and/or CHRs that they obtain. The PF will consider the statements & disclose to the defence at earliest opportunity ? |
Service of Indictment:PF will disclose any CHRs for civilian witnesses listed on the indictment ? |
Between Service of Indictment & PH: Police will submit any additional statements and/or CHRs that they obtain. The PF will consider these & disclose to the defence at earliest opportunity ? |
Between PH and Trial Diet: Police will submit any additional statements and/or CHRs that they obtain. The PF will consider these & disclose to the defence at earliest opportunity |
KEY
OTA: Ordained to Appear
CHRs: Criminal History Records
PH: Preliminary Hearing
CFE: Committal for Further Examination
B: Summary Cases (District & Sheriff)
Custody/Priority Cases37 | Bail/ OTA Cases |
Pleading/Custody Diet: Accused PNG
PF immediately requests statements &CHRs ? | Pleading/ Custody Diet: Accused PNG
PF requests statements & CHRs within 3 days ? |
Day 7: Police submit all statements in the case and CHRs for any civilian witnesses cited for trial ? | Day 28: Police submit all statements in the case and CHRs for any civilian witnesses cited for trial ? |
7 days before ID: The PF discloses statements and CHRs to defence ? | 28 days before ID: The PF discloses statements and CHRs to defence ? |
Between 7 days before ID and ID: Police submit any additional statements and/or CHRs obtained & Crown disclose these to the defence ? | 28 days before ID: The PF discloses statements and CHRs to defence ? |
Intermediate Diet: if statements not yet available, summary of evidence provided to defence ? | Between 28 days before ID and ID: Police submit any additional statements and/or CHRs obtained & Crown disclose these to the defence ? |
Between ID and TD: Police submit any additional statements and/or CHRs obtained & Crown disclose these to the defence ? | Between ID and TD: Police submit any additional statements and/or CHRs obtained & Crown disclose these to the defence |
KEY
OTA: Ordained to Appear
PNG: Plea of not guilty
CHRs: Criminal History Records
ID: Intermediate Diet
TD: Trial diet