The prosecution's duty of disclosure requires, at minimum, an explicit statement that a disclosable document exists and is in the prosecution's possession; references in other materials from which an astute lawyer might infer the document's existence do not constitute adequate disclosure. However, non-disclosure will not result in a miscarriage of justice where the material would not have materially advanced the defence case beyond what was already established through cross-examination. Section 165 of the Evidence Act 1995 does not mandate the use of the words 'dangerous to convict' in accomplice warnings.
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