NCJ Number
62989
Date Published
1979
Length
54 pages
Annotation
CURRENT PROCEDURES ASSOCIATED WITH PREPARATION FOR TRIAL AND DISCLOSURE OF EVIDENCE ARE DISCUSSED FOR THE UNITED KINGDOM, TO IDENTIFY AREAS LIKELY TO BE CONSIDERED BY THE ROYAL COMMISSION ON CRIMINAL PROCEDURE.
Abstract
THE DISCUSSION OF DISCLOSURE IN THE MAGISTRATES' COURTS DEALS WITH THE INSTITUTION OF PROCEEDINGS, MODE OF TRIAL, EFFECT OF PART III OF CRIMINAL LAW ACT OF 1977, PREPARATION FOR TRIAL, JAMES COMMITTEE'S RECOMMENDATIONS (CONCERNING METHODS OF IMPLEMENTING ADVANCE DISCLOSURE), SECTION 48 OF THE CRIMINAL LAW ACT OF 1977, AND THE NEED FOR DISCLOSURE TO THE PROSECUTION AND THE DEFENSE BEFORE SUMMARY TRIAL. PRESENT LAW IS CONSIDERED REGARDING DISCLOSURE BY THE PROSECUTION BEFORE TRIAL IN THE CROWN COURT. EXISTING LAW AND PRACTICES OF DISCLOSURE IN THE CROWN COURT ARE NOTED TO HAVE ATTRACTED CONSIDERABLE CRITICISM AND A NUMBER OF PROPOSALS FOR REFORM. REFORM PROPOSALS INCLUDE THE NEED FOR FORMAL CLARIFICATION OF CURRENT RULES, FOR A GREATER DEGREE OF DISCLOSURE THAN THAT STRICTLY REQUIRED BY THE PRESENT LAW, AND FOR A DETERMINATION OF HOW THE RULES ON DISCLOSURE SHOULD OPERATE. CONCERNING DISCLOSURE BY THE DEFENSE, THE PRESENT LAW DOES NOT REQUIRE DISCLOSURE EXCEPT UNDER LIMITED CIRCUMSTANCES. BECAUSE A MORE CRITICAL ATTITUDE TOWARD DEFENSE IMMUNITY FROM DISCLOSURE HAS RECENTLY EMERGED, THE FOLLOWING AREAS FOR REFORM OF DEFENSE DISCLOSURE ARE EVALUATED: ADVANCE NOTICE OF SPECIFIC DEFENSES, EVIDENCE OF DEFENSE WITNESSES, AND SUMMARY OF DEFENSE CASES. PROCEDURAL AND RESOURCE QUESTIONS ARE ALSO IDENTIFIED. THE APPENDIX CONTAIN MATERIAL ON PRESENT LAW REGARDING PRETRIAL DISCLOSURE AND SOME REFORM PROPOSALS. FOOTNOTES ARE PROVIDED. (RCB)