Disclosure

Disclosure is a significant part of the criminal justice system in many jurisdictions. It helps make sure criminal cases are handled justly.

The prosecution is legally required to disclose all unused material to the defence if it relates to the case. All law officers must record and keep relevant material obtained or generated by them during an investigation.

Disclosure involves providing the defence with copies of, or access to, any material that might reasonably be considered capable of undermining the case for the prosecution against the accused, or of assisting the case for the accused.

The disclosure process compels due diligence and effective oversight. This is because of the adverse consequences of non-disclosure.

If the defence proves disclosure hasn't happened properly, the prosecution case can be thrown out of court. Proper disclosure is central to making sure those who are guilty are brought to justice and those who are innocent aren't wrongfully convicted.

 

This section explains how to: