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within the Antisocial Behaviour Order (ASBO) application in pursuit of the
respondent.
In regard to MG9: we request the following Witness to attended court
1. The applicant Needs a Solicitor to help
2.
3.
4.
In regard to MG10: Witness non-availability the applicant requests full
disclosure.
We request full disclosure of the police PNB books to all officers sited in events
contained in the incidents within the Antisocial Behaviour Order (ASBO)
application inclusive of all officers who attended Crown Road and other sited
CFS location’s addresses.
The Disclosure Process: -
For the purposes of disclosure, “document” means anything on which
information of any description is recorded. This includes written material as well
as photographs, plans, drawings, and video and sound recordings. Importantly, it
also includes any electronic records such as e-mails.
The disclosure process is a statutory duty under the Criminal Procedure and
Investigations Act 1996 including Codes of Practice (CPIA). The general rule in
English litigation is that the parties should have access to all relevant documents,
including those of their adversary. This “cards on the table” approach is also
enshrined in the Civil Procedure Rules relating to disclosure.
453,
There is also a Common Law duty on the prosecutor to disclose material before
the duty arises under the Act, where it is significant, e.g. a victim’s previous
convictions or information that might affect a bail decision.
There is also a duty on the police to provide the CPS with information that may
mitigate the seriousness of an offence. The investigator must inform the
prosecutor as early as possible whether any material weakens the case against the
accused.
A party must disclose documents that are, or were in the past, in its control. This
means that in addition to having to disclose any documents that are in the actual
physical possession of a party, a party must also disclose documents that have
been lost or have been disposed prior to litigation. Those documents must be
described, and an explanation given of the circumstances in which they were lost
or disposed of.
In practical terms, a reasonable search will often involve the retrieval of any
relevant files held in a central filing system, by individual staff or from archives
or storage, the retrieval of any relevant electronic records and the retrieval of
diaries if they are likely to be relevant to any of the issues. The extent of the
search which must be made will depend on the circumstances of the case and has
to be proportionate to the value of the claim.
When Does the Duty to Disclosure Arise?
Giving disclosure is normally done by each party preparing a list of the
documents it is disclosing and serving it on the opposing party. The list of
documents must be in a prescribed form and will include the disclosure statement
(see below). The list is in three parts:
1. Documents presently in the disclosing party’s control which that party does
not object to being inspected.