Building on the decade of disclosure in criminal procedures

First published in 2001. This work has three aims. Firstly, to provide an examination of the history of the disclosure of information in advance of trial in criminal proceedings in England and Wales. This is done with reference to first principles, statutory and case law, and formal and informal practice norms. This examination will set the stage for the discussion of the law and practice of disclosure in England and Wales now in found in Criminal Procedure and Investigations Act 1996, its Code of Practice, and the expanding body of relevant case law, and the Attorney General’s Guidelines on disclosure (2000). Secondly, to provide a detailed discussion of the current law and practice of disclosure in England and Wales by closely examining the case law, statutory provisions and guidelines. Finally, to discuss the way forward. The Government has indicated its provisional views in the Command Paper, The Way Ahead. Various commentators have made suggestions as to how the disclosure regime might be reformed. Their ideas are discussed, and original ideas are presented. It is hoped that the discussion will assist in formulating the necessary reforms to the disclosure regime.