3.3 The need for something new – staleness and discoveries
In addition to the idea of crossing a threshold, the word ‘discover’ also implies the need for something new: the additional detail that takes an officer from one side of the threshold to the other. To some extent, this has been examined at 3.2.2.
However, the flipside of this is the proposition that an assessment will not be valid unless the discovery which underlies it remains sufficiently fresh. It is this second proposition which has been the subject of some judicial comment recently.