The Disclosure Referencer is a new title that brings together all the relevant legislation, codes, rules, regulations, protocols and case law relating to the disclosure of evidence and materials in criminal proceedings both at Crown and Magistrates level. It allows the reader to see where their duties lie and how best those duties can be fulfilled for each type of criminal case.
The Disclosure Referencer can be used as a daily reference tool that immediately enables the practitioner to identify the rules and regulations which are relevant to each stage of the investigation and process. It follows the course of a criminal investigation from the initial complaint through to the conclusion of the trial so that the reader fully understands the process by way of checklists and reference to relevant case law and materials.
This new title enables all parties involved - police, solicitors, barristers etc - to understand clearly their role and the processes involved. Failures in the proper application of the disclosure process by the prosecution and the defence are often responsible for the miscarriage of justice. The aim of this text is to make a significant contribution towards addressing these problems by assisting the prosecution in understanding better their responsibilities and the defence in understanding how their changing obligations, with more detailed defence statements, fits into the disclosure structure.
Contents: Introduction; The role of the police; Disclosure outside the CIPA; Disclosure in the Magistrates Court; Initial disclosure; Drafting the Defence Case Statement and defence duties of disclosure; Defence requests for disclosure; Disclosure Counsel; The duty of continuing disclosure; Defence applications for further disclosure; Sensitive material; Third Party Material; Scientific evidence; Expert evidence; Public interest immunity; Control and management of heavy fraud and other complex criminal cases.