header-logo header-logo

28 April 2021 / Sandra Paul , Rebecca Niblock
Issue: 7930 / Categories: Features , Criminal , Disclosure
printer mail-detail

Unlocking digital disclosure

47596
Sandra Paul & Rebecca Niblock investigate a new legislative tool that could be a potential game-changer
  • New guidelines: disclosing digital material.
  • Balance: the right to a fair trial and the right to privacy.
  • Changes on the horizon: the coming into force of the Crime (Overseas Production Order) Act 2019.

Much water has passed under the bridge since January 2018, when the justice system faced a disclosure crisis, particularly in relation to sexual offences. Several high-profile rape trials collapsed, you may recall, due to the failure of the prosecution to disclose digital material. Disclosure is clearly fundamental in ensuring a defendant can receive a fair trial. An improvement plan was launched, the House of Commons’ Justice Committee held an inquiry and the attorney general launched a consultation, resulting in new guidelines in December 2020. These echoed the focus of the media on the impact on complainants who report sexual offences and are frequently required to hand over their mobile phones to investigators. However, questions remain about whether a complainant

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

DAC Beachcroft—Clare Dewar

DAC Beachcroft—Clare Dewar

DAC Beachcroft strengthens Scottish real estate capabilitywith partner appointment

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson—Brendan Ryan

Womble Bond Dickinson appoints Brendan Ryan as partner in Public Law Projects team

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers—five appointments

Parklane Plowden Chambers welcomes five new barristers

NEWS
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll