M8-1.1 What is Disclosure?
Instructions
1. Read the text and then complete the comprehension quiz to test your understanding.
2. If you prefer, you can listen to the video below.
Note: This is an edited extract from a blog article from Christopher Kessling’s website. Find the original at Prosecution Disclosure of Unused Material.
Text
What is Disclosure?
What is disclosure? Disclosure in criminal cases is the process of mainly the prosecution giving the defence relevant evidence and information about the case.
The prosecution has a duty to disclose to the accused, information which is relevant to the investigation, but which doesn't form part of the prosecution's case against the defendant.
The defendant's duty of disclosure is more limited than that of the prosecution. If the case will be heard before the Crown Court, it is mandatory for the defendant to serve a defence statement on the court and the prosecutor, and if the defendant intends to call witnesses, he or she must also serve a notice detailing this intention. The main law governing disclosure in England and Wales is The Criminal Procedure and Investigations Act 1996.