TAS Disclosure of evidence post-trial

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Wallabymince

Member
2 April 2020
2
0
1
Are there rules for disclosure of evidence post trial from the police?

I was unable to obtain disclosure of the evidence before trial due to personal circumstances. However, the evidence presented in court by police was used to mislead the judge and was taken out of context.

Am I able to gain access to this footage now before I make an appeal or do I have to make an appeal for that to be an option?
 

Hellomyonlyfriend

Well-Known Member
15 August 2022
63
1
199
Are there rules for disclosure of evidence post trial from the police?

I was unable to obtain disclosure of the evidence before trial due to personal circumstances. However, the evidence presented in court by police was used to mislead the judge and was taken out of context.

Am I able to gain access to this footage now before I make an appeal or do I have to make an appeal for that to be an option?

Appeal to court within 28 days of judgement.

Police should have served evidence in the brief but they are corrupt and magistrates let them get away with it.

Police have an obligation of prosecutional disclosure to the court pre and post hearing. Note they do not usually abide so raise with court.

Send a letter to the LAC requesting prosecution disclosure. Attend the station also with this letter and get a copy stamped.

Also subpoena the evidence.

Use the lack of disclosure of evidence as an appeal based on miscarriage of justice