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Third party season

04 November 2010 / John Cooper KC
Issue: 7440 / Categories: Opinion , Procedure & practice , Profession
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So you think that the criminal justice system and crown courts have little to do with you? Maybe you should think again...

John Cooper QC reports on the growth of the third party summons

So you think that the criminal justice system and crown courts have little to do with you? Maybe you should think again, because in any criminal trial at any court centre, whether the allegations are fraud, murder, rape or robbery a company or private individual who thinks they have nothing to do with the proceedings could find themselves spending time and money in preparation for an appearance in a criminal trial as a witness.

I am, of course, referring to the Third Party Disclosure Regime in the criminal courts. It has been with us for some time, but in this interactive age, it has never been more vibrant.

As a matter of law, where it is sought to obtain material from third parties, upon whom there is no prior duty of disclosure, a defendant or indeed the

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