Question 1 of 10

The defendant is charged with an offence of assault occasioning actual bodily harm (ABH) contrary to s. 47 Offences Against the Person Act 1861. They have entered a not guilty plea and his case has been adjourned for a summary trial. You have received the initial details of the prosecution case (IDPC). The defendant has instructed you not to serve a defence statement.Which of the following best reflects the position regarding the prosecutions obligation to serve unused material?

A. A B. In order to have unused material disclosed it is necessary to request the material on the defence statement. The prosecutor will then decide whether the material might undermine the prosecution case or assist the case for the defence C. B D. The prosecutor has a duty under the Criminal Procedure and Investigations Act 1996 to disclose any prosecution material which might undermine the prosecution case or assist the case for the defence. However, this applies only after the defendant has served a defence statement. E. C F. The provisions in the Criminal Procedure and Investigations Act 1996 relating to disclosure of unused material do not apply to trials in the magistrates court. Therefore, the defendant is not entitled to disclosure of unused material. G. D H. In order to have unused material disclosed it will be necessary to make an application to the court for disclosure under the Criminal Procedure and Investigations Act 1996 I. E J. The prosecutor has a duty to disclose any prosecution material which might undermine the prosecution case or assist the case for the defence. Therefore, the defendant is entitled to disclosure of any material which meets this test.

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