A review of sanctions for disclosure failures in criminal trials has been published today (22 November).
Following a request by the Lord Chancellor, the Lord Chief Justice asked Lord Justice Gross and Lord Justice Treacy to carry out the review. The review considered failures by both the prosecution and the defence, and the sanctions against both parties.
The review concludes that the creation of additional sanctions against either the prosecution or the defence is not required.
The review recommends:
- that sections 6B and 6D of the Criminal Procedure and Investigations Act 1996 are brought into force; and
- swift, consistent and sustained implementation of the recommendations of the Review of Disclosure in Criminal Proceedings published in September 2011.
In addition the review made a number of ancillary recommendations for the Criminal Procedure Rule Committee to consider.
The review was undertaken with the assistance of a range of criminal justice organisations and individuals, including the Attorney General and Solicitor General, members of the judiciary, academics, prosecuting authorities, police and law enforcement representatives and members of the Bar and solicitors.
Notes for Editors:
The review, Further Review of Disclosure in Criminal Proceedings: Sanctions for Disclosure Failure, is available below Lord Justice Gross’s earlier review, Review of Disclosure in Criminal Proceedings, published in September 2011 is available below.
Biographical details for Lord Justice Gross – Lord Justice (Peter) Gross was called to the Bar in 1977 (Gray’s Inn) and made a Bencher in 2000. He took Silk in 1992 and was a Recorder from 1995 until 2001. He was appointed a Judge of the High Court (Queen’s Bench Division) in 2001, and served as Judge in charge of the Commercial Court 2009-10. In 2010 he was appointed to the Court of Appeal. He was appointed Deputy Senior Presiding Judge for England and Wales in October 2011.
Biographical details for Lord Justice Treacy – Lord Justice (Colman) Treacy was called to the Bar in 1971 (Middle Temple) and made a Bencher in 1999. He took Silk in 1990 and was an Assistant Recorder from 1988 until 1991 and a Recorder from 1991 – 2002. He was appointed a Judge of the High Court (Queen’s Bench Division) in 2002 and was a Presiding Judge on the Midland Circuit from 2006 until 2010. In 2012 he was appointed to the Court of Appeal.
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