Global Perspectives on the Law of Disclosure: (Routledge Contemporary Issues in Criminal Justice and Procedure)

This collection presents a comparative assessment of issues impacting disclosure of criminal evidence in a range of international jurisdictions. The book introduces the major features driving disclosure practice in a mixture of common and civil law countries from across the world, including the global north and south and drawn from an extensive range of collaborators. This wide breadth of perspectives provides a comprehensive overview of how disclosure functions. Each chapter is underpinned by three core pillars, which are addressed throughout each chapter. The first explains disclosure law and its core principles in the given jurisdiction. The second provides an analysis of the key issues and challenges faced within this jurisdiction. The final pillar focuses on potential reform and the identification of best practice. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of criminal procedure and justice.

Introduction: Global Perspectives on the Law of Disclosure (Ed Johnston and Tom Smith) PART 1: COMMON LAW SYSTEMS 1. The Law of Disclosure in England & Wales: The Fisher Review and the Way Forward (Ed Johnston and Tom Smith) 2. Disclosure in Criminal Cases: Ireland (Yvonne Daly and Liz Heffernan) 3. The Law of Disclosure: Canada (Simon NM Young and Ngai On Young) 4. The Law of Disclosure: Jamaica (Dominic Carrington) 5. The Law of Disclosure in Hong Kong: The Right to Silence and Adversarial Fairness (Luke Marsh and Aaron H. L. Wong) PART 2: CIVIL LAW SYSTEMS 6. Neither Encouraged nor Prohibited: The Law of Disclosure in Belgium, the Right to an Effective Defence and Suggestions for Reform (Ashlee Beazley and Rani Van de Gaer) 7. The Law of Disclosure: Portugal (Raquel Cardoso and Rogério Osório) 8. The Law of Disclosure: The Netherlands (Marianne Lochs) 9. The Law of Disclosure: Greece (Chara Chioni-Chotouman) 10. The Law of Disclosure: Western Balkans (Nita Shala) 11. Pre-trial Evidence Disclosure in China: The Defence’s Challenges in Accessing Criminal Investigative Dossiers (Yu Mou)

Ed Johnston is Associate Professor of Criminal Justice and Procedure and the Faculty Research Lead at the University of Northampton, UK. Ed has published in various criminal justice journals, including the Criminal Law Review, the International Journal of Evidence and Proof and the Journal of Criminal Law. Ed’s research interests include disclosure, the role of the defence lawyer, the demise of adversarialism and fair trial rights.

Tom Smith is Associate Professor in Law at the University of the West of England (UWE), UK. His research focuses on suspect and defendant rights, pre-trial detention and bail, open justice, and neurodivergence in the criminal justice system. He is the Founder and Joint Co-Ordinator of the Neurodivergence in Criminal Justice Network (NICJN), a group of academics, practitioners and community members promoting research and knowledge exchange, and evidence-led practice.