Commentary on Sections Part 5: Disclosure Section 32: Initial duty of disclosure by prosecutor
179.This Section amends section 3 of the 1996 Act and introduces a new objective single test for the disclosure of unused prosecution material to the defence. It replaces the current two tests that apply at the primary and secondary disclosure stages of the present scheme.
180.The new test will require the prosecutor to disclose to the accused:
““….any prosecution material which has not previously been disclosed to the accused and which might reasonably be considered capable of undermining the case for the prosecution against the accused, or of assisting the case for the accused.””