Defence Barrister Podcast1 Okt 2024

Series 2 Episode 6 - How disclosure really works

In this episode, we take a deep dive into disclosure, that is how disclosure in criminal cases should actually work and why it is of vital importance in every criminal trial.

What do the rules actually require of the prosecution? And can the defence ever be satisfied that disclosure has actually been carried out correctly?

What can the defence do to ensure (as best they can) that full disclosure is provided? And what happens when things go wrong?

I hope you enjoy this episode and thank you for listening.

NOTES

Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe

Disclosure

R v H [2004] UKHL 3; [2004] 2 Cr. App. R. 10, House of Lords (forerunner to the Supreme Court) https://publications.parliament.uk/pa/ld200304/ldjudgmt/jd040205/hc-1.htm

Criminal Procedure and Investigations Act 1996 https://www.legislation.gov.uk/ukpga/1996/25/contents

Criminal Procedure and Investigations Act 1996 (section 23(1)) Code of Practice https://www.gov.uk/government/publications/criminal-procedure-and-investigations-act-1996-section-231-code-of-practice

Attorney General’s Guidelines on Disclosure https://www.gov.uk/government/publications/attorney-generals-guidelines-on-disclosure

Hill v Chief Constable of West Yorkshire [1987] UKHL 12, [1989] AC 53 https://knyvet.bailii.org/uk/cases/UKHL/1987/12.html

National Police Chiefs’ Council (NPCC) Guidance on Retention, Storage and Destruction of Materials and Records relating to Forensic Examination https://www.fcn.police.uk/node/142

Conrad Jones [2014] EWCA Crim 1337 https://www.bailii.org/ew/cases/EWCA/Crim/2014/1337.html

PLEASE NOTE:
It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:

Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.

I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.

Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.

The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.

Thank you for your understanding.

CONTACT

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External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.

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Episoder(27)

Series 2 Episode 11 - Appeals from the Magistrates’ Court - Conviction, Sentence, Case Stated and Judicial Review

In this episode as we continue with appeals, we hear about how people who have had their case heard in the magistrates’ court can appeal against their conviction and sentence and what actually happens...

6 Nov 202440min

Series 2 Episode 10 - When the Prosecution Appeal - Unduly Lenient Sentences and Points of Law

Content warning. This episode contains details (relevant to the legal issues being considered) of a case concerning the murder of a young woman in terrible circumstances which may cause distress to li...

30 Okt 202439min

Series 2 Episode 9 - Appeals after Pleading Guilty

Withdrawing a guilty plea and appeals following a plea of guilty. What do you do if you have pleaded guilty to a criminal offence, but now realise you were not in fact guilty? In this episode we find ...

22 Okt 202436min

Series 2 Episode 8 - Double Jeopardy and Wrongful Acquittals

Is there such a thing as an appeal against a verdict of Not Guilty? In this episode we look at the law on what is commonly known as double jeopardy, the idea (entrenched in law for many hundreds of ye...

15 Okt 202433min

Series 2 Episode 7 - The Appeal of Aidan Johnson

In this episode we go to the Court of Appeal Criminal Division to hear the appeal of Aidan Johnson against his conviction for the murder of Daniel Clarke. Seeking to overturn the conviction on the gro...

8 Okt 202430min

Series 2 Episode 5 - When trials go wrong Part 2 - Identification, Science and Non-Disclosure

Identification, science and non-disclosure as grounds of appeal in criminal cases Warning: this episode contains a criminal appeal case in which limited reference is made to sexual violence. Listener ...

24 Sep 202435min

Series 2 Episode 4 - When trials go wrong Part 1 - Grounds of appeal against conviction

Today we turn to grounds of appeal, i.e. the reasons why it is said that the jury's verdict is unsafe. And we look at a number of common grounds of appeal and the cases where they have been considered...

17 Sep 202440min