In what scenario is the crown required to disclose information to the defence?

In criminal proceedings, the Crown has a duty to disclose relevant information to the defense, and this obligation is particularly pertinent when that information is requested. This stems from principles of fairness and the right to a fair trial, which are foundational to the justice system.

The disclosure process is designed to ensure that the defense has the opportunity to prepare an adequate case and can challenge the evidence presented against the accused effectively. When the defense requests specific information or evidence that may be pertinent to the case, the Crown is obligated to provide it unless there are compelling reasons to withhold it, such as issues surrounding privacy or national security.

This proactive approach to disclosure ensures transparency and helps maintain the integrity of the judicial process, thereby allowing the accused a fair chance to defend against the charges. In contrast, the presence of the accused, the start of the trial, or the judge's instructions do not inherently trigger the obligation to disclose; rather, it is the request from the defense that necessitates the disclosure of information by the Crown.