The prosecution's initial duty of disclosure of unused material (CPIA 1996 s.3)

Section 3(1) of the Criminal Procedure and Investigations Act 1996 imposes the prosecutor's initial duty of disclosure. The prosecutor must disclose to the accused any prosecution material not previously disclosed which might reasonably be considered capable of undermining the case for the prosecution or of assisting the case for the accused, or give a written statement that there is no such material. The test is objective and applies to unused material, that is, material the prosecution does not intend to rely on. A witness description of the robber as bearded, when Shauna did not match it, plainly might be considered capable of undermining the identification case and assisting the defence. It must therefore be disclosed at the initial stage, without waiting for a defence statement or a court order.

Why B is wrong: The s.3 duty arises first and does not depend on a defence statement. A defence statement later prompts the prosecutor to review disclosure under the continuing duty in s.7A, which applies anyway once s.3 has been complied with.

Why C is wrong: Unused material is precisely what s.3 is aimed at; the prosecution's intention not to rely on it is irrelevant.

Why D is wrong: The s.3 duty is a statutory obligation on the prosecutor and needs no court order.

Why E is wrong: Section 3 requires disclosure only of material meeting the undermine-or-assist test, not all unused material.