Disclosure in Criminal Proceedings

by David Corker, Stephen Parkinson

Overview

Disclosure issues affect every stage of the criminal investigation and subsequent proceedings. 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 UK 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.

Product Details

ISBN-13:	9780199211340
Publisher:	Oxford University Press
Publication date:	03/25/2009
Pages:	376
Product dimensions:	6.70(w) x 9.60(h) x 2.80(d)

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.

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