Wouldn’t it be quicker and easier to prepare the MG6 series for the first hearing where a not guilty plea is anticipated?
A. The ‘initial’ disclosure test under the 2003 amendments to CPIA requires that the prosecution must disclose to the defence any material that is likely to undermine the prosecution case or assist the defence case. The first hearing will include case management and it will not be known what the trial issues are until that hearing is concluded. In the circumstances any attempt at ‘initial’ disclosure will be incomplete without that information. This issue can be dealt with in part by the charging lawyer by way of common law disclosure at the charging decision stage. The lawyer should consider what the defence might be (in accordance with the full code test) and review the log of the investigation (crime report/CRIS report) any material revealed must be considered in the light of that review and noted on the MG3 with an action to the officer to disclose it to the defence in accordance with their responsibility under Ex parte DPP v Lee. Q. Why can’t the Streamlined Process be applied to
