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.

Table of 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.

Product details

Published 16 May 2024
Format Ebook (PDF)
Edition 3rd
Extent 424
ISBN 9781526525888
Imprint Bloomsbury Professional
Series Criminal Practice Series
Publisher Bloomsbury Publishing

About the contributors

Author

Tom Wainwright

Tom Wainwright, a barrister at Garden Court Chambe…

Author

Shahida Begum

Shahida Begum is a criminal barrister at Garden Co…

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