Disclosure in Criminal Proceedings

Disclosure issues affect every stage of the criminal investigation and subsequent proceedings yet this book is the only modern, comprehensive and in-depth volume on the subject. It provides the practitioner with a detailed analysis from a practical perspective by following chronologically the progress of a case from the outset of an investigation until its conclusion, addressing the obligations and responsibilities of each of the parties as they arise. The book focuses primarily on disclosure of the prosecutor's unused material, but it also covers the timing and content of disclosure by the prosecution of its case, and the obligations on the defence. Dedicated chapters on more specialist topics such as expert evidence, public interest immunity, and unused evidence are also included. The text analyses all the relevant law and procedure, to place practitioners in the best position to argue their case. It contains carefully selected appendices - comprising relevant parts of Criminal Procedure and Investigations Act 1996 as amended by the CJA 2003; CJA 2003; extracts from the Criminal Procedure Rules 2005; the CPIA Code of Practice; the new Attorney General's Guidelines on Disclosure; the Protocol for the Management of Heavy Fraud and Other Complex Criminal Cases; and extracts from the new CPS/ACPO Disclosure Manual.

Table of Contents:
1: Evolution of the Law on Disclosure of Unused Material Introduction Developments from 1946 to 1981 The Rise and Fall of the Attorney-General's Guidelines 1981-1992 The New Common Law Disclosure Regime 1993-1997 The CPIA 1997-2003 2: Sources Introduction Statutory Sources Non-Statutory Sources 3: Pre-Interview Disclosure Introduction Disclosure by Interviewers Prior to an Interview under Caution Disclosure by Interviewers Prior to a Compulsory Interview 4: The Investigation Stage Introduction Criminal Investigations and the CPIA Code of Practice Other Relevant Legal Sources Roles Created by the Code Prime Police Responsibilities Created by the Code and the Disclosure Manual Prosecutors' Review of the Work of the Disclosure Officer 5: Disclosure of the Prosecution Case Introduction Disclosure of Evidence, Natural Justice, and the Rule of Law Disclosure in the Magistrates' Court Disclosure in the Crown Court 6: Disclosure of Unused Material in Summary Proceedings Introduction The Magistrates' Courts Disclosure Protocol No Duty of Disclosure until Not Guilty Plea Entered Voluntary Defence Disclosure No Power to Order Disclosure of Defence Statements amongst Co-accused Prosecution Continuing Duty of Disclosure Application by Defence for Specific Disclosure Adverse Inferences at Summary Trial When does the Prosecutor's Initial Duty Commence? Common Law Duty of Disclosure 7: Prosecution Duty to Disclose Unused Material The Test for Disclosure: Section 3 Guidance as to Carrying out the Prosecutor's Duty Guidance as to Types of Material that should be Considered for Disclosure The Role of the Court in Considering the Application of the Prosecutor's Duty Disclosure of the Non-sensitive Schedule (Form MG6C): Section 4 The Prosecutor's Continuing Duty to Disclose: Section 7A Responding to Defence Statements 8: Defence Disclosure: Sections 5 and 6 Background to the Current Defence Disclosure Regime Summary of Amendments to the CPIA Made by the CJA 2003 Section 6A(1): The Mandatory Content of a Defence Statement Sections 6A(2) and (3): Defence Statements and Alibi Section 6B: Updated Defence Disclosure Section 6C: Pre-trial Disclosure of Defence Witnesses Section 6E(1): Defence Statement and Authority of the Accused Section 6E(4) and (5): Admissibility of a Defence Statement Sections (5A)-(5D): Disclosure of Defence Statement amongst Co-accused and others Timing of Service of the Defence Statement Can the Defence Lawyer Properly Advise their Client, the Accused, not to Comply with their Disclosure Obligations under Section 6A? Section 8: Application by Defence for Specific Disclosure 9: Public Interest Immunity Introduction Development of the Doctrine of Public Interest Immunity The Strasbourg Jurisprudence The Ruling in H and C: the Modern Approach of the Courts to Determining Public Interest Immunity Applications Recognized Public Interest Grounds Practice and Procedure Special Advocates Intercept Material 10: Expert Evidence Introduction Expert Evidence in Criminal Proceedings - Content and Process - Criminal Procedure Rules 2005, Part 33 Disclosure of Expert Evidence - Criminal Procedure Rules 2005, Part 24 Experts' Evidence and Unused Material Legal Professional Privilege and Experts' Reports Notification of Names of Experts Instructed by the Defendant 11: Third Party Disclosure Introduction Obligations of Investigators and Prosecutors Voluntary Disclosure Route Compulsory Route 12: Trial Dislcosure Section 11 of the CPIA Credibility of Defence Witnesses The Identity of Prosecution Witnesses 13: Disclosure and the Court of Appeal Introduction The Criminal Appeal Act 1968 Safety and Fairness Duty of Disclosure and Appeals Wrongful Non-Disclosure Appeals Non-Disclosure and Abuse of Process Late Prosecution Disclosure Non-Disclosure and Sentence APPENDIX 1: Criminal Procedure and Investigations Act 1996 (c.25) APPENDIX 2: Criminal Procedure and Investigations Act 1996 (s. 23(1)) Code of Practice APPENDIX 3: Disclosure: A Protocol for the Control and Management of Unused Material in the Crown Court APPENDIX 4: Protocol for the Provision of Advance Information, Prosecution Evidence and Disclosure of Unused Material in the Magistrates' Courts APPENDIX 5: The Protocol for the Control and Management of Heavy Fraud and Other Complex Cases APPENDIX 6: The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 1997 Statutory Instrument 1997 No. 2680 APPENDIX 7: Attorney-General's Guidelines on Disclosure APPENDIX 8: Criminal Procedure Rules Parts 21 and 25

About the Author :
David Corker is a founding partner of Corker Binning solicitors. He is regarded as a market leader in fraud and business crime. The 2003-2004 Chambers Guide to the Legal Profession described him having a "pedigree which stands out by itself. " The 2005 edition then later described him as "tremendously bright". Prior to founding Corker Binning, David was a partner at Peters & Peters which he joined in 1990. He was a Constable in the Metropolitan Police from 1984 to 1987. David is the author of two criminal law textbooks on Disclosure and Abuse of Process and writes regularly for the national and legal press. David has a BA in Jurisprudence from Oxford University and an MA in Sociology of Law from Sheffield University. Stephen Parkinson is a Senior Partner at Kingsley Napley, and has a high profile practice involving white collar crime, regulatory litigation and public inquiry work. Prior to joining Kingley Napley in 2003, Stephen was the chief adviser to the Attorney General and the Solicitor General on all their responsibilities for criminal issues. Stephen also spent four and a half years as the Legal Adviser to the Companies Investigation Branches of the Department of Trade and Industry, and two years in charge of chancery and regulatory litigation at the Treasury Solicitor's Department.