Unlocking digital disclosure

• 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