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ARTICLE · 13 FEBRUARY 2018

Prosecutors, Regulators & Investigators: Time To Review Your Disclosure Procedures

Arthur Cox
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Prosecutors, regulators and investigators can learn from the recent failings by police and prosecutors in the UK to properly comply with their disclosure obligations.

IrelandLitigation, Mediation & Arbitration
Joanelle O’Cleirigh
Joanelle O’Cleirigh
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Prosecutors, regulators and investigators can learn from the recent failings by police and prosecutors in the UK to properly comply with their disclosure obligations. Media reports suggest that these failings have resulted in a 70% increase in the number of prosecutions in England and Wales that have collapsed due to a failure to disclose relevant evidence.

WHAT IS DISCLOSURE?

Disclosure is the duty of the prosecution or investigative body to disclose all relevant evidence in its possession, even if it does not intend to rely on that evidence at hearing. It is one of the basic principles of the right to a fair hearing.

The Guidelines for Prosecutors (2016), issued by the Irish Director of Public Prosecutions, set out the following principles:

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