Select committee: Justice Committee

Disclosure of evidence in criminal cases inquiry

Closed Opened 21 Feb 2018 Closed 31 Dec 2018

Justice Committee Inquiry on parliament.uk ↗

Inquiry scope (the committee's words)

In this report we consider the disclosure of unused material in criminal cases. The Crown Prosecution Service have the duty to disclose relevant material collected by the police in the course of an investigation to the defence. This process is part of ensuring a fair trial. Problems with disclosure came into sharp focus following the high-profile collapse of a number cases between December 2017 and spring 2018. In early December 2017 the Government had announced that the then Attorney General would conduct a review of disclosure. The Attorney General has since changed, but we expect that this review will conclude. The Crown Prosecution Service, National Police Chiefs’ Council and College of Policing also published a “National Disclosure Improvement Plan” in January this year. Government response published Government Response to the Justice Select Committee’s Eleventh Report of Session 2017-19: Disclosure of Evidence in Criminal Cases

Where it stands

The inquiry is closed, opened 21 February 2018.

The committee has published 1 report, most recently 11th Report - Disclosure of evidence in criminal cases on 20 July 2018.

The government's response

Published 18 December 2018.

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government's response points to the Attorney General's Review as the main basis for action on disclosure and says it "agrees" that the Criminal Justice Board should oversee implementation.

On investment, the Attorney General and Ministers at the Home Office and Ministry of Justice "will write to the Justice Select Committee by 1st April 2019".
On digital material, the Ministry of Justice "will lay a revised Code before Parliament in 2019" (the CPIA Code of Practice), with changes also to be made to the Attorney General's guidelines.
On the magistrates' courts, the Ministry of Justice "will consult" on changes to the CPIA Code of Practice to bring in a rebuttable presumption in favour of disclosure for certain key material.
On a digital evidence strategy for police forces, the Home Office says "We agree that the range of activity, both current and proposed, should be drawn into a comprehensive strategy."

Read the government's response ↗ Report an error

Reports

11th Report - Disclosure of evidence in criminal cases20 July 2018

All reports

Evidence

5 oral evidence sessionsLatest 13 June 2018

All evidence

Recent activity

A response to the Committee’s Report on Disclosure from the NPCC and CPS, dated October 20189 January 2019, Correspondence
Government’s Response to the Justice Committee’s Eleventh Report of Session 2017-19: Disclosure of Evidence in Criminal Cases18 December 2018, Report published
11th Report - Disclosure of evidence in criminal cases20 July 2018, Report published

Reports

1 report

11th Report - Disclosure of evidence in criminal cases

HC No.: HC 859
Published: 20 Jul 2018
Items: 0
Government response: Government response published 18 December 2018. Read the government's response ↗

Oral evidence sessions

5 sessions

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Date	Session and witnesses	Source
13 Jun 2018	Oral evidence session No witnesses recorded	View ↗
5 Jun 2018	Oral evidence session No witnesses recorded	View ↗
15 May 2018	Oral evidence session No witnesses recorded	View ↗
1 May 2018	Oral evidence session No witnesses recorded	View ↗
27 Mar 2018	Oral evidence session No witnesses recorded	View ↗

Correspondence

1 letter

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Published	Direction	Letter
9 Jan 2019	Not recorded	A response to the Committee’s Report on Disclosure from the NPCC and CPS, dated October 2018