Disclosure in Criminal Practice 2e

by Jarvis, Paul; Glasgow, Oliver

• ISBN13: 9780192899408
• ISBN10: 0192899406
• Edition: 2nd
• Format: Hardcover
• Copyright: 2025-04-16
• Publisher: Oxford University Press

Summary

Disclosure issues affect every stage of the criminal investigation and subsequent proceedings. It has been the subject of numerous critical reviews for more than a decade, but no single text has sought to draw the product of those reviews together in one place. Disclosure in Criminal Proceedings is the only practitioner text on the market to explore in detail this vital aspect of criminal procedure.

Revised guidelines for managing disclosure in criminal cases were promulgated by the Attorney General in 2020, and have been updated since, but disclosure failures continue to occur. When miscarriages of justice happen, often it is because the approach to disclosure taken by the prosecution, the defence, and the court was flawed. In its second edition, written by a team of authors drawn from the ranks of Treasury Counsel, Disclosure in Criminal Proceedings provides a step-by-step analysis of how the rules of disclosure operate throughout the life of a criminal case, from the initial investigation through to any trial, appeal, and beyond. Appointed by the Attorney General to prosecute the most serious cases in the country, the authors approach the topic with decades of experience of handling some of the most complex and seemingly intractable disclosure problems that can arise in the criminal courts.

With first-hand experience informing every page of this new edition, Disclosure in Criminal Proceedings is an indispensable guide to an area of criminal procedure that arises in every single criminal prosecution.

Author Biography

Paul Jarvis, Barrister, 6KBW College Hill,Oliver Glasgow, Barrister, 2 Hare Court

Oliver Glasgow KC was called to the Bar in 1995, was appointed King's Counsel in 2016, and was appointed First Senior Treasury Counsel in 2021-the leader of the team of specialist advocates who prosecute the most serious and complex cases in the country. In that role, he undertook some of the most sensitive, difficult and high-profile criminal cases on behalf of prosecuting authorities and government departments. He has advised the UK government and foreign governments about potential criminal liability, the scope of domestic and international criminal law, and possible changes to legislation and sentencing policy. He lectures and writes articles on all aspects of criminal law, and teaches criminal procedure and advocacy in the UK as well as overseas.

Paul Jarvis was called to the Bar in 2001 and appointed Senior Treasury Counsel in 2024. He has contributed to a number of leading practitioner texts in the field of criminal law, including Blackstone's Criminal Practice. In recent years, he has edited several books on fraud, confiscation and, now, disclosure. He is a regular contributor to Archbold Review, an occasional contributor to the Criminal Law Review, and a case commentator for Lloyd's Law Reports: Financial Crime. Paul contributed chapters to collections published by the Max Planck Institute for Comparative Public Law and International Law in Freiburg, and the Criminal Law Reform Now Network, of which he is a committee member. He is a member of the Criminal Procedure Rule Committee, a supervisor in criminal procedure and evidence for undergraduates at the University of Cambridge, and he lectures undergraduates and postgraduates on criminal procedure at the University of Oxford.

Table of Contents

1. Evolution of the Law on Disclosure of Unused Material, Paul Jarvis2. Sources, Paul Jarvis3. Pre-Interview Disclosure, Jonathan Polnay4. The Investigation Stage, Jonathan Polnay5. Disclosure of the Prosecution Case, Kerry Broome6. Initial Prosecution of Disclosure of Unused Material, Oliver Glasgow7. Defence Disclosure, Kerry Broome8. Continuing Prosecution Disclosure of Unused Materials, Sarah Przybylska9. Public Interest Immunity, Duncan Atkinson10. Expert Evidence, Deanna Heer11. Obtaining Disclosure from Third Parties, Joel Smith12. Disclosing Material to Third Parties, Julia Faure Walker13. Disclosure Post-Conviction, Catherine Pattison14. Disclosure and the Court of Appeal, Tom Little