DISCLOSURE OF EVIDENCE

Criminal Defence

20 May

The purpose of Disclosure:  It is to make available any evidence which either supports or undermines the respective parties' cases.

Conditions of Disclosure to Third Parties: The general rule under the Privacy Act is that an agency cannot disclose a record contained in a system of records unless the individual to whom the record pertains gives prior written consent to the disclosure.

Understanding Evidence Sharing:

When you are accused of a criminal offence, it's essential for both you and your lawyer to know what proof they have gathered against you to build a proper defence. Securing an experienced criminal defence lawyer immediately after being charged is highly recommended.

The official term for your right to access this information is called “disclosure.” By law, the government’s lawyer (the Crown) must supply you with all relevant materials before your court date. Relevant materials include anything that may help you challenge the charges. Since prosecutors don’t always share this automatically, your legal representative will usually reach out to the Crown’s office before trial to formally ask for these documents.

Because the duty to disclose continues as the case progresses, the prosecutor must keep sending you any new important material as soon as it's received from the police or added to the case. 

However, you typically are not required to give the prosecutor any details about your defence strategy or personal history.

If you have been accused of a crime, it's crucial to secure the services of an experienced criminal defence Lawyer without delay. Reach out to the trusted expert, Rishav Raj Mahajan at RRM Law, for a consultation call (905) 798-3776.