Readership: Primary market:Criminal solicitors and barristers, Judiciary. Secondary market: Police officers (notably, Disclosure Officers) and criminal law academics.
David Corker, Founding Partner, Corker Binnings Solicitors, and Stephen Parkinson, Head of Criminal Department, Kingsley Napley
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
