Limited or Late Disclosure: What to Record Before Interview

Recording what you actually received

Summarise disclosure factually: witness accounts, CCTV summaries, forensic results, schedules of unused material. Don't copy police forms verbatim, but capture enough that a reader understands the prosecution case as disclosed at that point.

If disclosure was oral only, say so. If documents were promised but not provided, record requests and responses.

Representations for further disclosure

If you requested further disclosure before interview, record the request, to whom, and the outcome. If interview proceeded despite gaps, record why (client instructions, tactical decision, or time pressure) and the advice given about interviewing on incomplete information.

• Disclosure type: initial, further, oral, written
• Material gaps identified
• Representations made and officer responses
• Advice on interviewing with incomplete disclosure
• Client instructions following that advice

Link to consultation and interview

Limited disclosure often drives no comment or prepared statement strategies. Cross-reference consultation advice with interview conduct. Post-interview, note whether further disclosure was indicated.

Should I attach disclosure to the attendance note?

Firm practice varies. At minimum, summarise disclosure in the note and confirm whether copies were obtained for the file. The note should stand alone for a supervisor reviewing the attendance.

What if the OIC refuses further disclosure?

Record the refusal, any reasons given, and your advice. If you considered applying to the court for disclosure later, note that as future action for the firm.

Does limited disclosure justify escape fees?

Only if time spent on disclosure review and related consultation is recorded and pushes the matter over escape thresholds. The disclosure situation explains complexity; time records prove it.