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documents in discovery

  • 19-09-2015 8:59am
    #1
    wazzoraybelle
    Registered Users, Registered Users 2 Posts: 659 ✭✭✭


    Does the book of evidence in a court proceeding need to contain documents relating to aggravating or mitigating factors?

    I'm not sure if I'm framing the question properly, but do documents need to be handed over prior to trial if they don't relate to whether the defendant is quilty of the offence or not but relate only to the consequences of the offence having been committed?

    Can those documents be introduced at the sentencing stage?

    Thanks,

    Wazzo


Comments

  • #2
    4ensic15
    Banned (with Prison Access) Posts: 4,691 ✭✭✭4ensic15


    wazzoraybelle wrote: »
    Does the book of evidence in a court proceeding need to contain documents relating to aggravating or mitigating factors?

    I'm not sure if I'm framing the question properly, but do documents need to be handed over prior to trial if they don't relate to whether the defendant is quilty of the offence or not but relate only to the consequences of the offence having been committed?

    Can those documents be introduced at the sentencing stage?

    Thanks,

    Wazzo

    Any document which it is intended to use should be handed over in advance by the prosecution. It may be that sentencing would be deferred if it was intended to rely on documents not previously made available during submissions on sentence.


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