Full Description
The Criminal Disclosure Referencer provides practitioners with a user-friendly guide to the law and practice relating to the disclosure of unused material.
This text follows the disclosure process chronologically, drawing together all the relevant legislation, codes, guidelines, rules, protocols, and case law in a comprehensive manner.
The Third Edition covers guidance and codes which have recently been published or updated, including:
- Criminal Procedure Rules 2020
- CPIA Code of Practice (in effect from 31 December 2020)
- Crown Prosecution Service Disclosure Manual (refreshed 14 July 2022)
- Attorney General's Guidelines on Disclosure 2024
- Protocol on Disclosure between Family and Criminal Jurisdictions 2024
Key cases on disclosure are also addressed, including:
- R v Syed [2019] 1 Cr App R 21: Compatibility of disclosure regime with Article 6 of the European Convention on Human Rights
- R v Duarte [2020] 1 Cr App R 11: Use of defence statements at trial
- R v CB; R v Mohammed [2020] 2 Cr App R 20: Disclosure of complainant's mobile phone records
With the role of proper disclosure in avoiding miscarriages of justice being highlighted and voluminous electronic material making the process more complex, this practical guide assists parties to the criminal justice system in remaining fully up to date with their obligations.
Contents
1. The Criminal Investigation
2. Role of Disclosure Officer
3. Receipt and Review by Prosecutor
4. Initial Disclosure of Prosecution Case
5. Prosecution Initial and Further Disclosure
6. Defence Disclosure
7. Applications for Further Disclosure
8. Public Interest Immunity
9. Third Party Material
10. Family Proceedings
11. Consequences of Non-Disclosure
12. Post-Conviction Disclosure (Including Confiscation and Appeals)
13. Interception of Communications
14. Costs and Billing
Appendices:
Criminal Procedure and Investigations Act 1996 (extracts); Criminal Procedure and Investigations Act 1996 (Code of Practice); Criminal Procedure Rules (extracts); Attorney General's Guidelines on Disclosure; Judicial Protocol on the Disclosure of Unused Material in Criminal Cases.
