Full Description
Disclosure issues affect every stage of the criminal investigation and subsequent proceedings yet this book is the only modern, comprehensive and in-depth volume on the subject. It provides the practitioner with a detailed analysis from a practical perspective by following chronologically the progress of a case from the outset of an investigation until its conclusion, addressing the obligations and responsibilities of each of the parties as they arise.
The book focuses primarily on disclosure of the prosecutor's unused material, but it also covers the timing and content of disclosure by the prosecution of its case, and the obligations on the defence. Dedicated chapters on more specialist topics such as expert evidence, public interest immunity, and unused evidence are also included. The text analyses all the relevant law and procedure, to place practitioners in the best position to argue their case. It contains carefully selected appendices - comprising relevant parts of Criminal Procedure and Investigations Act 1996 as amended by the CJA 2003; CJA 2003; extracts from the Criminal Procedure Rules 2005; the CPIA Code of Practice; the new Attorney General's Guidelines on Disclosure; the Protocol for the Management of Heavy Fraud and Other Complex Criminal Cases; and extracts from the new CPS/ACPO Disclosure Manual.
Contents
APPENDIX 1: CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996 (C.25); APPENDIX 2: CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996 (S. 23(1)) CODE OF PRACTICE; APPENDIX 3: DISCLOSURE: A PROTOCOL FOR THE CONTROL AND MANAGEMENT OF UNUSED MATERIAL IN THE CROWN COURT; APPENDIX 4: PROTOCOL FOR THE PROVISION OF ADVANCE INFORMATION, PROSECUTION EVIDENCE AND DISCLOSURE OF UNUSED MATERIAL IN THE MAGISTRATES' COURTS; APPENDIX 5: THE PROTOCOL FOR THE CONTROL AND MANAGEMENT OF HEAVY FRAUD AND OTHER COMPLEX CASES; APPENDIX 6: THE CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996 (DEFENCE DISCLOSURE TIME LIMITS) REGULATIONS 1997 STATUTORY INSTRUMENT 1997 NO. 2680; APPENDIX 7: ATTORNEY-GENERAL'S GUIDELINES ON DISCLOSURE; APPENDIX 8: CRIMINAL PROCEDURE RULES PARTS 21 AND 25
