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22 April 2016 / Polly Dyer
Issue: 7695 / Categories: Features , Procedure & practice
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Steering the right (disclosure) course

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Polly Dyer reviews the conclusions of a Court of Appeal master class in the proper approach to disclosure & abuse of process

Publication of the redacted judgment in R v R & Others [2015] EWCA Crim 1941, [2016] All ER (D) 06 (Jan) in December gave practitioners an excellent overview of the current law and practice on the disclosure of unused material in the prosecution’s possession, as well as guidance on the proper approach to disclosure and abuse of process.

Background

During the course of the investigation of this matter a number of electronic devices had been seized, such that the prosecution held some seven terabytes of data. The prosecution evidence had long since been served but five years had passed without the case progressing beyond an argument regarding whether the prosecution had complied with their duties of initial disclosure. Ultimately, the judge stayed the prosecution in respect of all counts of a draft indictment (which had not reached the stage of being preferred) as an abuse of process. The prosecution applied for

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NEWS
The government is considering introducing a Serious Fraud Office (SFO) financial incentives scheme for individuals who report economic crime
Defendants will attend their first court hearing virtually via a secure link from a police custody suite, the Ministry of Justice (MoJ) has confirmed in its response to Lord Leveson’s independent review of the criminal courts
The Law Commission has proposed a major overhaul of product liability laws to bring them in line with the digital age and era of artificial intelligence (AI)
The Sentencing Council is consulting on three new and three revised guidelines for ‘Bladed article and offensive weapon etc offences’
The Ministry of Justice has laid secondary legislation to allow, for the first time, proceedings in the Administrative Court, a part of the King’s Bench Division in the High Court, and sentencing remarks by the Chief Magistrate to be broadcast
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