Disclosure

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 216-223

216 Preliminary Matters / Disclosure and Production

2.3(a) Disclosure

Has a charge been laid?1

No disclosure

required

Crown must disclose

the evidence10

Who controls the evidence sought by the accused?2

Yes

Crown

Is the

existence of

the evidence

undisputed?6

Another state entity4A non-state

authority

Is the

evidence

related to the

investigation

of the

oence?5

Disclosure

regime

inapplicable3

No

Yes

Yes No

Can the accused show a

basis to conclude that the

evidence exists?7

Yes

No

No

Is the evidence

privileged?9

Is the evidence

relevant?8

Yes

No

No

Yes