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12. R v DPP, ex parte LEE (1999) 2 Cr App. R 304, DC

Following the decision in LEE the prosecutor should consider disclosing the following, at pre- commital stage, in the interests of justice:

Previous convictions of the victim, or any material that might assist an application for bail

Anything that may assist the defence to argue that there should be no committal at all, or committal on a lesser charge

Anything that may assist an argument for abuse of process

Information that may assist the defence to prepare for trial where delay may affect such preparation (i.e. witnesses you have spoken to that you do not intend to rely upon). This information is not always going to be disclosed to the defence since Justice Kennedy said this would depend very much on what the defendant chose to reveal about the nature of his case.

These are only examples and must not be construed as a definitive list of categories. In all cases the prosecutor must consider disclosing in the interests of justice any material that is relevant to sentence (e.g. information that might mitigate the seriousness of the offence or assist the accused to lay blame in whole or in part upon a co-accused or another person).