Hannah Thomas

This Practice Note explains the disclosure requirements on defendants in criminal proceedings. It explains when a defence case statement must be served under section 5 of the Criminal Procedure and Investigations Act 1996 (CPIA 1996) and the requirement on the accused to give the prosecution and the court a defence witness notice. The Practice Note also explains the form and content requirements of a defence case statement under the CPIA 1996, s 5 and the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) as well as the time limits for serving defence disclosure during a criminal prosecution. The contents of a defence witness notice are explained along with the sanctions for non-compliance with the statutory duty of disclosure and the adverse inferences which can be drawn for failure to serve a defence case statement are explains. Links to the Law Society practice note: Defence witness notices and the Bar Standards Board: Preparation of Defence Case Statements guidance are also provided.

This Practice Note explains the obligations placed on the prosecution and the defence to serve disclosure in the magistrates’ courts under the Criminal Procedure Rules (CrimPR). It covers the disclosure of the initial details of the prosecution case (IDPC), prosecution initial disclosure and prosecution secondary disclosure under the Criminal Procedure and Investigations Act 1996 (CPIA 1996) and also explores the extent of the obligations on the defence to serve a defence statement (defence case statement) and to provide defence witness lists in the magistrates’ court.

This Practice Note explains the statutory duty on the prosecution of the disclosure of unused evidence in criminal proceedings. It covers when such prosecution disclosure should take place and what unused material should be disclosed. It covers the continuing duty of disclosure and the consequences of a failure to make disclosure of unused evidence. It explains the obligations both on the prosecution and the defence in the context of the statutory regime set out in the Criminal Procedure and Investigations Act 1996 (CPIA 1996) and the Code of Practice under the CPIA 1996 along with the CPS Disclosure Manual, Judicial Protocol on the Disclosure of Unused Material in Criminal cases, and the Attorney General's guidelines on disclosure. It covers criticisms of the disclosure process, the scheduling of unused non-sensitive and sensitive material, handling electronic material and the disclosure review document.

This Practice Note explains how third-party material needs to be identified in the Defence case statement. It covers the investigators duties under the Criminal Procedure and Investigations Act 1996 Code of Practice to pursue all reasonable lines of enquiry and the disclosure obligations of crown servants and the impact of public interest immunity (PII). It explains how to obtain disclosure from a third party directly and how to apply for a witness summons for production of material under the Criminal Procedure Rules. Links are provided to the Disclosure Protocol, Disclosure: A Protocol for the Control and Management of Unused Material in the Crown Court and an explanation of how wasted costs may be awarded in unmeritorious third-party applications for disclosure.

This Practice Note covers the service of prosecution evidence under the Crime and Disorder Act 1998 (CDA 1998) and the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR). It deals with the requirements for the form in which evidence is served and how defence objections are dealt with.