Government response to the Disclosure Consultation published
Responses to the public consultation on the Attorney General’s revised Disclosure Guidelines agreed that they provide further clarity on modern disclosure issues and are a step in the right direction of improving practices.
Applies to England and Wales
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Earlier this year, the Attorney General Rt Hon Suella Braverman QC MP launched a consultation seeking views on a revised version of her Disclosure Guidelines and the Criminal Procedure and Investigations Act (CPIA) Code of Practice. The consultation received 45 responses from lawyers, investigators, victims’ groups and other professionals with criminal justice experience.
Respondents said they found the guidance clearer and that it provides enhanced assistance on modern disclosure issues such as digital data and privacy rights. Earlier engagement between the prosecution and defence was particularly welcomed, as it was recognised that this could lead to cases being resolved more swiftly where undermining evidence is spotted sooner, and that cases due to collapse are discontinued at an early stage.
However, some responses expressed concerns over the lack of resources for investigators to be able to comply with these proposals. Defence practitioners were also concerned over whether they would be fairly remunerated for the extra work expected of them during pre-charge engagement.
In order to support operational partners, the Code and Guidelines will not come into effect earlier than 31 December 2020. Additionally, the Ministry of Justice will shortly launch a public consultation on a fee scheme on how best to remunerate this work.