Failures In Disclosure

Failures In Disclosure

Following recent high profile collapses of a number of trials, most people will be aware of the ongoing problems with disclosure of evidence. Few would argue against disclosure being essential to ensuring a fair trial, yet by designating certain potential evidence as being 'unused material' - evidence which may undermine the prosecution case or support the defence case - police and prosecutors may be allowing miscarriages of justice to take place.

The parliamentary Justice Committee has launched an inquiry to investigate current disclosure procedures to ensure they are fit for purpose. In order to inform the points that they will feed in to that inquiry, the Law Society is asking criminal law solicitors to share information about cases where failures in the disclosure of 'unused material' evidence led - or could have led - to a miscarriage of justice. If you were involved in, or know of, such a case then please email casestudies@lawsociety.org.uk.