Disclosure in the magistrates’ court
Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court
Disclosure in the magistrates’ court

The following Corporate Crime practice note produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court provides comprehensive and up to date legal information covering:

  • Disclosure in the magistrates’ court
  • Initial details of the prosecution case (IDPC)
  • Sending to the Crown Court for trial: disclosure of the prosecution case
  • Summary trial: service of the prosecution case
  • Summary trial: initial duty of disclosure
  • Timing of initial disclosure
  • What should be included in initial disclosure?
  • Summary trial: defence disclosure
  • Defence statement
  • Defence witnesses
  • More...

Initial details of the prosecution case (IDPC)

The requirements for service and contents of the initial details of the prosecution case (IDPC) are governed by the Criminal Procedure Rules 2020 (CrimPR), SI 2020/759.

The prosecutor must make the IDPC available to the defendant (which will include a defendant’s legal representative) at or before the beginning of the day of the first hearing.

Where a defendant requests the IDPC, the prosecutor must serve them on the defendant as soon as practicable, and in any event no later than the beginning of the first day of the first hearing. If the IDPC is not requested by the defence, the prosecutor is still under the same duty to serve it as soon as practicable, or in any event no later than the beginning of the first day of the first hearing.

For a summary of the time limits applicable to disclosure of evidence in criminal cases, see Disclosure time limits in criminal proceedings—checklist.

The court must not allow the prosecutor to introduce information unless the court has allowed the defendant 'sufficient time' to consider it. What constitutes 'sufficient time' will depend on the circumstances of the case and what the information is that the prosecution seeks to introduce.

The rules governing what the IDPC must include depend on whether the defendant is in police custody, immediately before the first hearing.

If

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