This book is intended to provide practical guidance when considering issues of disclosure in criminal proceedings. It is aimed at both prosecution and defence practitioners. Disclosure issues can arise in any criminal case and in many guises, from the prosecution seeking an adverse inference from the defence’s failure to set out their case in the defence statement, to the defence applying for proceedings to be stayed as an abuse of process due to disclosure failings by the prosecution. It also includes checklists designed to help the reader ask the right questions when considering particular disclosure topics along with a number of precedents, pro-formas and sample documents to assist.
With a Foreword by Lord Justice Fulford (Sitting in Retirement).
ABOUT THE AUTHORS
Narita Bahra KC is one of the most sought after and able leading defence barristers instructed to defend in heavyweight Crime and Business Crime cases. She has been instructed in a number of the high-profile cases in which disclosure failings by the Prosecuting authorities have been unmasked. In 2018, four of these cases became the subject of review by the House of Commons Select Committee. Narita’s most recent success resulted in her exposing an expert witness and significant disclosure failings. She has cemented a reputation as a barrister who can skilfully deal with the most difficult of disclosure cases. Her excellent track record, high success rate and commitment to fighting fearlessly for her client’s best interests make her the leading choice in high profile disclosure cases. She regularly appears on Sky News and BBC news as a legal correspondent and is a regular author and contributor to legal journals.
Don Ramble is a specialist prosecution barrister with 20 years’ experience in the criminal courts. He has acted as disclosure counsel in some of the highest profile criminal trials in recent years, establishing himself as an expert in the field. His reputation and knowledge sees him called upon regularly to advise on disclosure issues in large and complex cases across the UK.
CONTENTS
Introduction
Chapter One – Development of Disclosure Law
Chapter Two – Terminology
Chapter Three – Initial, Continuing and Post-Trial Disclosure
Chapter Four – Defence Statements and Witness Notices
Chapter Five – Disclosure Requests
Chapter Six – Disclosure in the Magistrates’ Court
Chapter Seven – Digital Material
Chapter Eight – Expert Witnesses
Chapter Nine – Third-Party Material and Redaction
Chapter Ten – PII Applications
Chapter Eleven – Preventing Disclosure Problems
Chapter Twelve – Tackling Disclosure Problems
Chapter Thirteen – Remuneration
