Can a defense lawyer withhold evidence?

Either the attorney should be permitted to withhold the evidence or he should be obligated to produce it. Such obligation, if imposed, should be en- forced by the contempt power after issuance of a subpoena to pro- duce, not by a search warrant.

Does prosecution share evidence with defense?

A prosecutor has a continuing obligation to provide the defendant documents and other information which may reflect upon the case. Further, the prosecutor is required to provide the defense with evidence that may hurt his case, called exculpatory evidence. This evidence could show the defendant’s innocence.

Is the defense required to share evidence with prosecution?

Under California law, the defense is required to turn over specific information to the prosecution. In other words, if the evidence is relevant to the guilt, innocence or punishment of the defendant, then the prosecution is required by law to turn it over to the defense.

Does the defense have to disclose evidence Canada?

In Canada, a complete set of codified defence disclosure rules does not exist. Like the Crown, the defence is required to disclose at the investigative, pretrial and trial stages.

What is defence disclosure?

Like the Crown, the defence is required to disclose at the investigative, pretrial and trial stages. Although defence disclosure appears to run contrary to the accused’s right to silence and the right to make full answer and defence, it is emphasized that these rights are not absolute.

Can new evidence be introduced during trial?

Yes, in your hypothetical case, the plaintiff can introduce new evidence and called undisclosed witnesses at trial in two typical scenarios.

What does defence have to disclose to Crown?

Commentary. [1] The Crown has an obligation to disclose all relevant non-privileged information in its control or possession to the Accused which permits an evaluation of the strength or weaknesses in the Crown’s case and to allow an Accused to evaluate whether further investigation is warranted.