Tom Wainwright, Emma Fenn, Shahida Begum

ISBN13: 9781526525864
Previous Edition ISBN: 9781784518790
To be Published: May 2024
Publisher: Bloomsbury Professional
Format: Paperback

Criminal Disclosure Referencer provides practitioners with a user-friendly guide to the law and guidance 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. With electronic disclosure occurring more frequently and advocates now able to claim for reading Unused Material, this practical guide assists parties to the criminal justice system in remaining fully up to date with their obligations.

Since the Second Edition, the following guidance and codes have been published or updated:

Review of the efficiency and effectiveness of disclosure in the criminal justice system [November 2018];
Crown Prosecution Service Disclosure Manual [Revised 14th December 2018];
Criminal Procedure Rules 2020;
Criminal Procedure and Investigations Act 1996 (section 23(1)) Code of Practice [in effect from 31st December 2020] and
Attorney General's Guidelines on Disclosure [in effect from 25th July 2022]
Key cases on disclosure since the Second Edition include:

Gohil [2018] 1 Cr App R 30: Approach to disclosure;
Syed [2019] 1 WLR 2459: Regarding compatibility of disclosure regime with Article 6 of the European Convention on Human Rights;
Duarte [2020] 1 Cr App R 11: Use of defence statements at trial and
CB; Mohammed [2020] EWCA Crim 790: Regarding disclosure of complainant's mobile phone records

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