Disclosure is an essential feature of the criminal justice
process. If not done correctly, it can cause issues for both
prosecutors and accused and can jeopardise the successful
prosecution of a case.
HM Inspectorate of Constabulary recently released a Report which
considered issues with the disclosure process in UK criminal
proceedings. While the Report applies to proceedings in the UK, in
light of similar rules on disclosure between the UK and Ireland
(aside from the additional constitutional protections in Ireland),
the issues raised in the Report may equally apply in this
jurisdiction.
THE IMPORTANCE OF DISCLOSURE
The Report, which was commissioned following a number of
critical Court of Appeal rulings surrounding the issue of
disclosure in criminal cases, highlights the importance of getting
disclosure right and specifically refers to the high financial cost
as well as the emotional cost to victims, witnesses and defendants
of inadequate disclosure and
