Series 2 Episode 6 - How disclosure really works
(00:34:55)
Why disclosure of unused material is essential to a fair trial
In episode 6 of Series 2 of the Defence Barrister Podcast, we take a deep dive into disclosure, that is how disclosure in criminal cases should actually work and why it is of vital importance in every criminal trial.
What do the rules actually require of the prosecution? And can the defence ever be satisfied that disclosure has actually been carried out correctly?
What can the defence do to ensure (as best they can) that full disclosure is provided? And what happens when things go wrong?
I hope you enjoy this episode and thank you for listening.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast on Life Sentences, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe
Disclosure
R v H [2004] UKHL 3; [2004] 2 Cr. App. R. 10, House of Lords (forerunner to the Supreme Court) https://publications.parliament.uk/pa/ld200304/ldjudgmt/jd040205/hc-1.htm
Criminal Procedure and Investigations Act 1996 https://www.legislation.gov.uk/ukpga/1996/25/contents
Criminal Procedure and Investigations Act 1996 (section 23(1)) Code of Practice https://www.gov.uk/government/publications/criminal-procedure-and-investigations-act-1996-section-231-code-of-practice
Attorney General’s Guidelines on Disclosure https://www.gov.uk/government/publications/attorney-generals-guidelines-on-disclosure
Hill v Chief Constable of West Yorkshire [1987] UKHL 12, [1989] AC 53 https://knyvet.bailii.org/uk/cases/UKHL/1987/12.html
National Police Chiefs’ Council (NPCC) Guidance on Retention, Storage and Destruction of Materials and Records relating to Forensic Examination https://www.fcn.police.uk/node/142
Conrad Jones [2014] EWCA Crim 1337 https://www.bailii.org/ew/cases/EWCA/Crim/2014/1337.html
PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:
Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.
I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.
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