Source · Select Committees · Justice Committee
Recommendation 27
27
Acknowledged
Paragraph: 109
Application of disclosure rules is problematic in digital fraud cases, requiring clearer guidelines.
Recommendation
Our inquiry heard of problems with the application of disclosure rules which can result in significant amounts of police and prosecution time being spent redacting and disclosing vast amounts of material that turns out to be unnecessary to the case eventually pursued. We are not convinced that the underlying disclosure legislation is the problem but rather there needs to be clearer guidelines on how this legislation should operate in cases with significant amounts of digital material.
Government Response Summary
The government acknowledges the complexity of disclosure, particularly with digital material, noting past revisions to guidelines and ongoing work. It states the forthcoming fraud strategy will detail aims for the disclosure regime in complex fraud cases.
Paragraph Reference:
109
Government Response
Acknowledged
HM Government
Acknowledged
Effective disclosure of unused material remains a crucial part of a fair trial and is essential to avoiding miscarriages of justice. However, the Government recognises that disclosure remains one of the most complex issues in the criminal justice system, particularly in cases with significant amounts of digital material. The 2018 Attorney General Review of disclosure in the criminal justice system highlighted significant concerns with the culture around disclosure, engagement between relevant parties (prosecutors, investigators, and defence practitioners), and the challenges of modern technology. Following the review, the Guidelines were revised and published in December 2020. In May 2022, the Attorney General’s Office published the first annual review of the Disclosure Guidelines, which concluded that the current Guidelines are a functional and effective tool, but noted that future work may be needed to revisit disclosure in complex crime. Further amendments were made to the Guidelines in order to deliver improvements. We continue to work closely with operational partners to consider how further improvements can be made. The forthcoming fraud strategy will detail our aim to ensure the disclosure regime meets the needs of complex fraud cases.