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Criminal Disclosure Referencer 2nd edition [Minkštas viršelis]

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(Garden Court Chambers, UK), (Garden Court Chambers, UK), (Garden Court Chambers, UK)
  • Formatas: Paperback / softback, 400 pages, aukštis x plotis: 234x156 mm, weight: 603 g
  • Serija: Criminal Practice Series
  • Išleidimo metai: 21-Dec-2017
  • Leidėjas: Bloomsbury Professional
  • ISBN-10: 1784518794
  • ISBN-13: 9781784518790
Kitos knygos pagal šią temą:
Criminal Disclosure Referencer 2nd editionDidesnis paveikslėlis
  • Formatas: Paperback / softback, 400 pages, aukštis x plotis: 234x156 mm, weight: 603 g
  • Serija: Criminal Practice Series
  • Išleidimo metai: 21-Dec-2017
  • Leidėjas: Bloomsbury Professional
  • ISBN-10: 1784518794
  • ISBN-13: 9781784518790
Kitos knygos pagal šią temą:
Pastovi nuoroda: https://www.kriso.lt/db/9781784518790.html
Raktažodžiai:
Disclosure remains the most important part of trial preparation and can often make the difference between conviction and acquittal. The process can only work and produce fair results if all parties to the process are aware of their duties.

The second edition of Criminal Disclosure Referencer (first edition: The Disclosure Referencer) provides practitioners with a practical, user-friendly guide to the law and guidance relating to the disclosure of unused material. The text follows the disclosure process chronologically from the commencement of the investigation to the conclusion of the case drawing together all the relevant legislation, codes, guidelines, rules, protocols and case law in a comprehensive manner, thereby enabling the reader to see quickly and effectively the duties and obligations of the main participants.

Since the last edition of this work, the criminal justice landscape has changed fundamentally. The number of pre-trial hearings have been drastically reduced and replaced with a single Plea and Trial Preparation Hearing. The principles of Better Case Management have been introduced, requiring advocates to take more responsibility in relation to disclosure. In the vast majority of Crown Court cases evidence and disclosure are now provided digitally. All of these changes require parties to the criminal justice system to be fully up to date with their obligations in relation to disclosure.

The second edition is updated to take account of numerous developments in legislation, case law and procedure including:

Attorney Generals Guidelines on Disclosure (updated October 2013) Judicial Protocol on the Disclosure of Unused Material in Criminal Cases (updated December 2013) Magistrates Court Disclosure Review (June 2014) Revisions to the Criminal Procedure and Investigations Act Codes of Practice as a result of the Magistrates Court Disclosure Review Criminal Procedure Rules 2015 (incorporating digital case changeover) New codes of practice relating to Regulation of Investigatory Powers Act 2000 (December 2014) The Covert Surveillance and Property Interference code of practice and the Covert Human Intelligence Source code of practice (December 2014) The Interception of Communications code of practice (January 2016) Criminal Procedure (Amendment) Rules 2016 R. (on the application of Yam) v Central Criminal Court [ 2015] UKSC 76 - Whether there was a power under the common law, or under the Admin of Justice Act 1960 s12 to prevent an individual from placing certain material before the ECtHR. If so, whether the power could be exercised where the domestic court was satisfied that it was not in the interests of the State for the material to be made public even to the ECtHR R v Asiedu (Manfo Kwaku) [ 2015] EWCA Crim 714 R v Salt (Daryl) [ 2015] EWCA Crim 662R v Boardman (David) [ 2015] EWCA Crim 175 - Courts approach to failures in disclosure by Prosecution. R v R and others [ 2015] EWCA Crim 1941 - The Court of Appeal provided guidance on disclosure where large quantities of electronic documents are involved and on rulings as to abuse of process where delay has been caused by disclosure. R. (on the application of Nunn) v Chief Constable of Suffolk [ 2014] UKSC 37 - Hugely significant case on the Crowns duty of disclosure post-conviction.

Daugiau informacijos

Criminal Disclosure Referencer provides practitioners with a practical, user-friendly guide to the law and guidance relating to the disclosure of unused material.
Foreword to the first edition v
Preface and acknowledgements vii
Table of statutes
xv
Table of statutory instruments
xix
Table of cases
xxi
Table of non-statutory sources of law
xxvii
Chapter 1 The criminal investigation
1(12)
Introduction
1(1)
The criminal investigation
2(1)
Specific roles
3(1)
Specific duties
4(9)
To pursue all reasonable lines of enquiry
4(2)
Relevance of material
6(2)
To record information that may be relevant
8(2)
To retain material that may be relevant
10(3)
Chapter 2 The role of the disclosure officer
13(18)
Introduction
13(1)
The disclosure officer
14(2)
Examination of material
16(2)
Scheduling
18(5)
Timing
18(1)
Contents and format
19(1)
Non-sensitive material (MG6C)
20(1)
Sensitive material (MG6D)
20(3)
Block scheduling
23(1)
Revelation to the prosecutor
23(3)
Schedules
23(1)
Disclosure officer's report (MG6E)
24(2)
Other police forms
26(1)
Continuing disclosure
26(2)
Amending and updating
27(1)
Certifications by disclosure officer
28(1)
Disclosure to the defence
29(2)
Chapter 3 Receipt and review by the prosecutor
31(8)
Introduction
31(1)
Role of the prosecutor
31(1)
Obligations of the prosecutor
32(2)
Continuing duty to disclose
34(2)
Endorsements to the schedules
36(1)
Disclosure record sheet
37(2)
Chapter 4 Non-statutory disclosure
39(11)
Introduction
39(1)
Pre-charge disclosure
39(4)
Pre-caution disclosure
43(1)
Initial disclosure of prosecution case
44(2)
Common law disclosure
46(4)
Chapter 5 Statutory disclosure
50(8)
Introduction
50(1)
Initial disclosure
50(5)
Continuing disclosure
55(1)
Time for service
56(2)
Chapter 6 Defence statements and witness notices
58(30)
Defence statements: Introduction
58(1)
Compulsory disclosure of defence statement
59(2)
Contents of a defence statement
61(1)
Defence obligations
62(6)
Generally
62(3)
Privilege against self-incrimination
65(1)
Putting the prosecution to proof
66(2)
Time limits
68(1)
Updated defence statements
69(1)
Sanctions for faults in defence statement
69(2)
Administrative sanctions
71(2)
`Shopping lists'
73(1)
Examples of disclosure requests
74(2)
Cross service of defence statements
76(1)
Drafting the defence statement
76(1)
Witness notices: Introduction
77(1)
Contents of a witness notice
78(1)
Duty to amend
79(1)
Intention to call a witness
79(1)
Time limits
80(1)
Sanctions for faults in witness notice
81(1)
Administrative sanctions
82(1)
Interviews of witnesses notified by the accused
82(3)
Interviewing witnesses for the other side
85(1)
Expert witnesses
86(2)
Chapter 7 Application for prosecution disclosure (section 8 application)
88(5)
Introduction
88(1)
Application
88(2)
Procedure
90(3)
Chapter 8 Public interest immunity (sensitive material)
93(19)
Introduction
93(1)
Relevance
94(1)
What is sensitive material?
94(2)
Treatment of sensitive material
96(2)
Role of the prosecutor
98(3)
Procedure for applications to the court
101(4)
The hearing
105(2)
Legal principles to be applied
107(1)
Review and appeal
108(2)
Consequences of an order for disclosure
110(1)
Special counsel
110(2)
Chapter 9 Third party material
112(11)
Introduction
112(1)
Duties of police and prosecution
113(1)
Methods of obtaining third party material
114(6)
Child abuse protocol and good practice model
114(2)
Voluntary disclosure
116(1)
Witness summons
117(3)
Procedure for witness summons
120(2)
Specific issues
122(1)
Chapter 10 Disclosure from family proceedings relating to children
123(12)
Introduction
123(1)
Prohibition against publishing information
123(2)
Permitted disclosure
125(1)
Disclosure to investigating authorities
125(3)
Protocol and good practice model for disclosure of information in cases of alleged child abuse and linked criminal and care directions hearings
127(1)
Disclosure to criminal defence lawyers
128(2)
Defence application for disclosure
130(3)
Protection from self- incrimination
133(2)
Chapter 11 Consequences of non-disclosure
135(13)
Introduction
135(1)
Discontinuance
135(1)
Staying the proceedings
136(6)
Refusing to extend custody time limits
142(2)
Orders for costs
144(1)
Exclusion of evidence
145(2)
Acquittal against the weight of the evidence
147(1)
Successful appeal
147(1)
Chapter 12 Post-conviction disclosure and review
148(6)
Introduction
148(1)
Post-conviction disclosure
149(2)
Post-conviction review
151(1)
Role of the courts
152(1)
Role of the CCRC
153(1)
Chapter 13 Interception of communications
154(8)
Introduction
154(1)
Types of intercept requiring a warrant
154(2)
Protection for the accused
156(3)
Types of intercept not requiring a warrant
159(1)
Private telecommunications
160(2)
Appendix 1 Criminal Procedure and Investigations Act 1996, Parts I and II (as amended) 162(40)
Appendix 2 Criminal Procedure and Investigations Act 1996: Code of Practice (March 2015) 202(19)
Appendix 3 Criminal Procedure Rules (CrimPR), Parts 1--4 221(35)
Appendix 4 Criminal Procedure Rules (CrimPR), Part 15 256(12)
Appendix 5 Attorney General's Guidelines on Disclosure (2013) 268(28)
Appendix 6 Judicial Protocol on the Disclosure of Unused Material in Criminal Cases 296(21)
Appendix 7 MG6C: Police Schedule of Non-Sensitive Unused Material 317(2)
Appendix 8 MG6D: Police Schedule of Sensitive Material 319(2)
Appendix 9 MG6E: Disclosure Officer's Report 321(2)
Appendix 10 Defence Statement Form 323(3)
Appendix 11 Defence Witness Notice 326(3)
Appendix 12 Defendant's Application for Prosecution Disclosure Form 329(3)
Appendix 13 Protocol and Good Practice Model: Disclosure of Information in Cases of Alleged Child Abuse and Linked Criminal and Care Directions Hearings (October 2013) 332(18)
Appendix 14 Attorney General's Guidelines for Prosecutors: Section 18 of the Regulation of Investigatory Powers Act 2000 350(7)
Index 357
Tom Wainwright, Emma Fenn and Shahida Begum are criminal barristers at Garden Court Chambers. All have extensive experience in dealing with issues relating to disclosure from first appearance in the Magistrates Court through to applications before the Court of Appeal.

Tom Wainwright has written extensively on various aspects of criminal law, evidence and procedure, including The Protest Handbook for Bloomsbury Professional in April 2012.