{"id":576,"date":"2018-03-07T09:27:03","date_gmt":"2018-03-07T09:27:03","guid":{"rendered":""},"modified":"2020-06-01T11:02:24","modified_gmt":"2020-06-01T11:02:24","slug":"pre-trial-disclosure-evidence","status":"publish","type":"post","link":"https:\/\/www.lawteacher.net\/law-help\/lpc\/pre-trial-disclosure-evidence.php","title":{"rendered":"Pre Trial Disclosure or Evidence | LPC Help"},"content":{"rendered":"

Pre Trial Disclosure or Evidence<\/strong><\/p>\n

At various stages in a criminal case the prosecution must fulfil its duties for pre trial disclosure as this is critical to the defendant’s right to a fair trial. In order for the defendant to properly prepare a defence he must be made aware of the evidence against him. Therefore it is wrong for the prosecution to withhold evidence that weaken their case as their wider obligation is not to mislead the court and to ensure that a miscarriage of justice does not occur. The right to pre trial disclosure is also enshrined in the ECHR Art 6 (1) and Art 6 3 (b).<\/p>\n

Unless the defendant has pleaded guilty you must seek disclosure of used material from the prosecution in order to evaluate the case against your client. You are entitled to initial prosecution disclosure of unused material under s 3 CPIA 1996 if the case is to be tried summarily and a not guilty plea is indicated. If the case is being tried summarily you may also want to consider drafting a defence case statement although this is mandatory if you client is being tried on indictment. The following outlines the disclosure obligations depending on the case.<\/p>\n

Summary only<\/p>\n