header-logo header-logo

22 April 2016 / Polly Dyer
Issue: 7695 / Categories: Features , Procedure & practice
printer mail-detail

Steering the right (disclosure) course

001_nlj_7695_dyer

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Gary Walsh

Penningtons Manches Cooper—Gary Walsh

Marine finance partner strengthens Penningtons Manches Cooper's banking and finance practice

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

NEWS
The cross-party Justice Select Committee has warned legal aid is now a ‘service in managed decline’ due to ministers’ ‘inadequate’ and ‘disappointing’ response to its concerns
It would not be in the public interest to bring contempt proceedings against MI5 for providing unreliable evidence about its policy of ‘neither confirming nor denying’ someone worked for the intelligence services, the High Court has held
The Civil Justice Council has recommended a practice direction (PD) be drawn up to advise lawyers on the use of artificial intelligence (AI) in court documents
Courts modernisation champion and technology enthusiast Sir Geoffrey Vos has retired after an extraordinary career
Practitioners have welcomed two autumn budget reforms relating to inheritance tax on pensions
back-to-top-scroll