If you’ve been charged with a criminal offence in New South Wales, or you’re supporting someone who has, one of the most important legal protections you have is the right to know what evidence the police and prosecution hold.
This right is called the duty of disclosure. It’s a fundamental part of a fair criminal justice system. Yet, it’s often misunderstood or not fully complied with.
Our experienced criminal lawyers know how to hold police and prosecutors to their legal obligations. Understanding your rights and ensuring they’re respected can significantly affect the outcome of your case.
What Is the Duty of Disclosure?
In criminal proceedings, both the NSW Police and the Director of Public Prosecutions (DPP) are under a legal duty to disclose all relevant evidence and not just what helps their case.
This includes:
- Evidence the prosecution intends to rely on;
- Evidence that tends to help the defence or undermine the prosecution’s case;
- Material relevant to the credibility of prosecution witnesses;
- Anything that could mitigate the penalty.
This obligation is not discretionary. It’s a core feature of criminal procedure in NSW and has been repeatedly affirmed by courts across Australia.
When Must Disclosure Happen?
Disclosure must occur early and on an ongoing basis. For example:
- In summary matters, the police must provide a brief of evidence within 4 weeks of a not guilty plea.
- In committal proceedings, the DPP must serve a full brief before a charge certificate is filed and a case conference held (per the Early Appropriate Guilty Plea (EAGP) reforms).
Crucially, disclosure isn’t a one-time event. The duty continues throughout the proceedings, including after conviction, particularly where appeals are concerned.
What Happens If Police Don’t Disclose Evidence?
Failure to comply with disclosure obligations can lead to:
- Adjournments;
- Stays of proceedings;
- Exclusion of evidence;
- Or in some cases, dismissal of charges or quashing of convictions.
Yet in practice, it is not uncommon for police or prosecutors to delay or withhold disclosure — often due to resource issues or oversight. That’s where the right legal team becomes critical.
Why It Matters for You
Whether you’re facing charges for assault, drug offences, fraud, or any other criminal matter in NSW, your ability to mount a strong defence relies on knowing exactly what the prosecution is working with.
Too often, defendants are pressured to enter a plea without full disclosure. This can lead to unfair outcomes, wrongful convictions, or overly harsh penalties.
How We Can Help
Our team has extensive experience appearing in the Local Court, District Court, and Supreme Court of NSW. We work closely with our clients from the moment they are charged to:
- Request and review full briefs of evidence;
- Identify missing or delayed disclosure;
- Push for suppression or exclusion of prejudicial material;
- Negotiate with the prosecution based on the strength (or weakness) of their case;
- And defend your rights at trial if needed.
We understand how NSW police and prosecutors operate and we know how to hold them accountable to the law.
