Disclosure in criminal cases
Introduction
In a criminal trial the prosecution is obliged to disclose to the defence, in advance of the trial, all relevant evidence which it has. If you are charged with a criminal offence, you have the right to be provided with the evidence the prosecution intends using at your trial, as well as the evidence which it has but does not intend to use, if that evidence could assist your defence.
This duty to disclose is based on natural and constitutional justice, case law and statutory principles. However, the duty differs between summary prosecutions, which are tried in the District Court before a judge without a jury, and prosecutions on indictment, which are tried before a judge and jury in the Circuit Court or the Central Criminal Court.
Rules
Summary prosecutions
In a summary case there is no general duty for the prosecution to provide you in advance with the statements of witnesses, whether or not you request them. If you apply to the court to be provided with the statements, it is up to the court to decide whether it is in the interest of justice to provide you with them. The matters the court may need to consider were set out by the Supreme Court in Director of Public Prosecutions v Garry Doyle [1994] 2 IR 286.
When deciding whether or not to release evidence, the prosecution must consider similar principles. If you are requesting that you be provided with the statements, the responsibility lies primarily with you or your solicitor to provide adequate reasons for the disclosure.
Prosecutions on indictment
In a case of trial on indictment the prosecution has a statutory duty to provide you, in advance of your trial, with certain materials which sets out the evidence intended to be given in the trial against you. These documents are usually referred to as the Book of Evidence. If, subsequently, the prosecution intends calling further evidence or additional witnesses you must be provided with the additional documentation also.
The prosecution may have other material which it has decided not to use at your trial. Disclosure of this evidence should be made to you, without a request, if the evidence is relevant to your defence.
Further information on disclosure is available in the publication Guidelines for Prosecutors (pdf) which is available on the Director of Public Prosecutions’s website.
Language
Related Documents
- Legal representation in criminal cases
Types of criminal offence and the role of your defence counsel in a criminal case in Ireland are described. - How a Jury Trial in Ireland is conducted
A jury trial in Ireland is usually conducted following a certain format. Find out about the sequence of events and what you can expect. - Criminal Trial
An introduction to the various types of criminal trial that take place in Ireland.
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