Subjects:

Other Jurisdictions , Caribbean , Criminal Law

Contents:

Fundamental principles traced and examined

rationale and debate regarding CPIA

disclosure in matters to be tried on indictment - common law of England and Canada in contrast

practical aspects of disclosure rules

committal for trial and the new (proposed) filter mechanism

disclosure in matters tried in Magistrates' Court

the unrepresented accused

remedies and non-disclosure

new filter/committal and police and prosecution adherence to the law

defence disclosure after prosecution reform.

The book describes, analyses and criticises the law and practice pertaining to the disclosure of used and unused information in criminal proceedings in England. It makes suggestions for reform and compares extensively to the situation in Canada and other Commonwealth jurisdictions.

This book defines and considers the law and practice of pre-trial disclosure of evidence in England in a manner, which provides a useful source of reference for practitioners, academics and senior law students. It tests settled ideas and practices by tackling the vexing issue of reforming the police culture and encouraging police compliance with the investigation and disclosure rules in a manner that would assist a broader audience, e.g. criminologists.

Not only that, this text informs the discussion by integrating recent evidence of malpractice, analyses the new information, and charts the likely course ahead, based on past experience. The book also avoids being constrained by conservative or traditional views, or the need for polite commentary and proposes a way forward for criminal procedure.