Non-disclosure—when is a conviction rendered unsafe? (R v Garland)

Table of contents

• Original news
• What was the background to the case?
• What issues did this case raise in relation to appeals based on the prosecution’s failure to disclose the material?
• What were the main legal arguments put forward?
• What did the Court of Appeal decide, and why?
• To what extent is the judgment helpful in clarifying the law in this area?
• Are there still any issues lawyers will need to watch out for in this area? If so, how can these be avoided?
• What practical lessons can be drawn from this case by those advising clients on appeals on fresh evidence or prosecution failures to disclose?

Article summary

Corporate Crime analysis: What is the correct approach for the Court of Appeal to adopt in deciding whether non-disclosure of information by the Crown at the time of trial has rendered a conviction unsafe? Duncan Penny QC, of 6 KBW, examines the Court of Appeal’s answer in R v Garland.