Source · Select Committees · Justice Committee
Recommendation 28
28
Deferred
Paragraph: 109
Review current disclosure guidelines to introduce specific guidance for digital fraud cases.
Recommendation
The Attorney General should review the current disclosure guidelines and consider whether there is merit in introducing specific guidance on disclosure in fraud cases with large quantities of digital material.
Government Response Summary
The government acknowledges the complexity of disclosure, noting past reviews and revisions to guidelines. It states that future work may be needed for complex crime and confirms that the forthcoming fraud strategy will detail its aim to ensure the disclosure regime meets the needs of complex fraud cases.
Paragraph Reference:
109
Government Response
Deferred
HM Government
Deferred
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.