Disclosure in Criminal Proceedings
Published on 29. January 2009
Book
Paperback/Softback
376 pages
978-0-19-921134-0 (ISBN)
Description
Disclosure issues affect every stage of the criminal investigation and subsequent proceedings yet this book is the only modern, comprehensive and in-depth volume on the subject. It provides the practitioner with a detailed analysis from a practical perspective by following chronologically the progress of a case from the outset of an investigation until its conclusion, addressing the obligations and responsibilities of each of the parties as they arise.
The book focuses primarily on disclosure of the prosecutor's unused material, but it also covers the timing and content of disclosure by the prosecution of its case, and the obligations on the defence. Dedicated chapters on more specialist topics such as expert evidence, public interest immunity, and unused evidence are also included. The text analyses all the relevant law and procedure, to place practitioners in the best position to argue their case. It contains carefully selected appendices - comprising relevant parts of Criminal Procedure and Investigations Act 1996 as amended by the CJA 2003; CJA 2003; extracts from the Criminal Procedure Rules 2005; the CPIA Code of Practice; the new Attorney General's Guidelines on Disclosure; the Protocol for the Management of Heavy Fraud and Other Complex Criminal Cases; and extracts from the new CPS/ACPO Disclosure Manual.
The book focuses primarily on disclosure of the prosecutor's unused material, but it also covers the timing and content of disclosure by the prosecution of its case, and the obligations on the defence. Dedicated chapters on more specialist topics such as expert evidence, public interest immunity, and unused evidence are also included. The text analyses all the relevant law and procedure, to place practitioners in the best position to argue their case. It contains carefully selected appendices - comprising relevant parts of Criminal Procedure and Investigations Act 1996 as amended by the CJA 2003; CJA 2003; extracts from the Criminal Procedure Rules 2005; the CPIA Code of Practice; the new Attorney General's Guidelines on Disclosure; the Protocol for the Management of Heavy Fraud and Other Complex Criminal Cases; and extracts from the new CPS/ACPO Disclosure Manual.
More details
Language
English
Place of publication
Oxford
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 244 mm
Width: 170 mm
Thickness: 20 mm
Weight
648 gr
ISBN-13
978-0-19-921134-0 (9780199211340)
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Schweitzer Classification
Persons
David Corker is a founding partner of Corker Binning solicitors. He is regarded as a market leader in fraud and business crime. The 2003-2004 Chambers Guide to the Legal Profession described him having a "pedigree which stands out by itself. " The 2005 edition then later described him as "tremendously bright". Prior to founding Corker Binning, David was a partner at Peters & Peters which he joined in 1990. He was a Constable in the Metropolitan Police from 1984 to 1987. David is the author of two criminal law textbooks on Disclosure and Abuse of Process and writes regularly for the national and legal press. David has a BA in Jurisprudence from Oxford University and an MA in Sociology of Law from Sheffield University.
Stephen Parkinson is a Senior Partner at Kingsley Napley, and has a high profile practice involving white collar crime, regulatory litigation and public inquiry work. Prior to joining Kingley Napley in 2003, Stephen was the chief adviser to the Attorney General and the Solicitor General on all their responsibilities for criminal issues. Stephen also spent four and a half years as the Legal Adviser to the Companies Investigation Branches of the Department of Trade and Industry, and two years in charge of chancery and regulatory litigation at the Treasury Solicitor's Department.
Stephen Parkinson is a Senior Partner at Kingsley Napley, and has a high profile practice involving white collar crime, regulatory litigation and public inquiry work. Prior to joining Kingley Napley in 2003, Stephen was the chief adviser to the Attorney General and the Solicitor General on all their responsibilities for criminal issues. Stephen also spent four and a half years as the Legal Adviser to the Companies Investigation Branches of the Department of Trade and Industry, and two years in charge of chancery and regulatory litigation at the Treasury Solicitor's Department.
Content
APPENDIX 1: CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996 (C.25); APPENDIX 2: CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996 (S. 23(1)) CODE OF PRACTICE; APPENDIX 3: DISCLOSURE: A PROTOCOL FOR THE CONTROL AND MANAGEMENT OF UNUSED MATERIAL IN THE CROWN COURT; APPENDIX 4: PROTOCOL FOR THE PROVISION OF ADVANCE INFORMATION, PROSECUTION EVIDENCE AND DISCLOSURE OF UNUSED MATERIAL IN THE MAGISTRATES' COURTS; APPENDIX 5: THE PROTOCOL FOR THE CONTROL AND MANAGEMENT OF HEAVY FRAUD AND OTHER COMPLEX CASES; APPENDIX 6: THE CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996 (DEFENCE DISCLOSURE TIME LIMITS) REGULATIONS 1997 STATUTORY INSTRUMENT 1997 NO. 2680; APPENDIX 7: ATTORNEY-GENERAL'S GUIDELINES ON DISCLOSURE; APPENDIX 8: CRIMINAL PROCEDURE RULES PARTS 21 AND 25