2 Hare Court

Experts

4

Filter by: Practice area
Barrister
2 Hare Court
2 Hare Court
2 Hare Court
Contributions by 2 Hare Court

1

Obtaining disclosure of unused evidence
Practice notes

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.

Contributions by 2 Hare Court Experts

4

Disclosure in the magistrates’ court
Practice notes

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.

Driving, or being in a charge of, a motor vehicle with concentrations of specified controlled drugs in excess of specified levels
Practice notes

This Practice Note explains the offence of driving or being in charge of a motor vehicle with concentrations of specific controlled drugs in excess of specified levels under section 5A of the Road Traffic Act 1988. This offence was created by the Crime and Courts Act 2013 and came into force on 2 March 2015. This Practice Note explains the elements of the offence, the testing for controlled drugs, the available defences and the sentencing of this offence.

Obtaining third-party disclosure in criminal proceedings
Practice notes

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.

The service of prosecution evidence in Crown Court proceedings
Practice notes

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.

If you expected to see yourself on this page, click here.