Evidence and disclosure requests can reveal material that supports the defence, undermines the prosecution case or identifies enquiries that still need to be completed. Requests should be focused, legally relevant and made at the correct stage.
What is disclosure in a criminal case?
The prosecution provides evidence it relies upon and must consider material gathered during the investigation that is not used as part of its case. The defence may need to identify why particular unused material could reasonably assist the defence or undermine the prosecution.
Examples of evidence that may be requested
- CCTV, body-worn video and custody records;
- telephone downloads, call data and cell-site schedules;
- witness material and identification records;
- financial, forensic or expert working material;
- investigation logs, schedules and relevant unused material.
Focused disclosure applications
Disclosure is not an unrestricted demand for every document. A properly prepared request explains the issue, identifies the material sought and shows why it may matter. Where appropriate, the defence can raise the issue with the prosecution and ultimately seek a court ruling.
Ghafar Khan reviews disclosure in serious and complex cases and works with specialist advocates and experts where necessary.
Contact Ghafar Khan: 07500 556587 · notguilty@ghafarkhan.com · acting throughout England and Wales · #CALLGFA
General information only. Disclosure obligations and applications depend on the facts and stage of the case.