Criminal Law

Disclosure in Criminal Proceedings

Edited by David Corker · Stephen Parkinson
Oxford University Press January 2009

Specifications

ISBN-13
9780199211340
Publisher
Oxford University Press
Publication
January 2009
Format
Paperback , 376 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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 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.

  • The only book on the subject of disclosure in criminal proceedings
  • Includes all relevant law and procedure to put practitioners in the best possible position to argue their case
  • Carefully selected appendices include all relevant materials

 

Table of Contents

1. History of disclosure
2. Sources
3. Pre-interview disclosure
4. Revelation
5. Disclosure of the prosecution case
6. Disclosure of unused material in summary proceedings
7. Prosecution Disclosure of unused material in cases tried on indictment
8. Defence Disclosure in cases tried on indictment
9. Public Interest Immunity
10. Expert Evidence
11. Third Party Disclosure
12. The Crown Court Trial
13. Disclosure post-trial

APPENDIX 1: The Criminal Procedure and Investigations Act 1996 (as amended)

APPENDIX 2: The Code of Practice - issues under the CPIA
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: Practice Direction for nullheavynull Fraud Trials estimated to take 6 weeks or more
APPENDIX 6: Defence Disclosure Time Limits) Regulations 1997
APPENDIX 7: The Attorney General's Guidelines on Disclosure (updated 2005)

About the Author

David Corker, Founding Partner, Corker Binnings Solicitors, and Stephen Parkinson, Head of Criminal Department, Kingsley Napley

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