The Law of Disclosure: A Perennial Problem in Criminal Justice

Cover
Half Title
Series Page
Title Page
Copyright Page
Contents
Detailed contents
Acknowledgements
List of contributors
Table of statutes
Table of cases
Table of abbreviations
Foreword
Introduction
1 The rise of managerialism: the impact of swift and (un)sure justice on disclosure in criminal proceedings
	Efficiency or fairness: can you have both? The 1960s-2000s
	Defence disclosure under the CrimPR: the enabler of managerialism
	Ineffective sanctions
	The blame game: the levelling of the scales
	Conclusion
2 ‘Something to work with’: contemporary issues with pre-charge police disclosure and the role of the defence lawyer
	Introduction
	The evolution of pre-charge disclosure
	The implementation of the Criminal Justice and Public Order Act (CJPOA) 1994
	The impact of ‘diversionary’ practices on disclosure
	Evidential advancements: the ‘explosion’ in digital evidence
	Conclusion
3 Changing culture? Thinking differently about police and prosecution disclosure
	Introduction
	The disclosure ‘problem’: what lies beneath?
	The adversarial role of the police and the conflict of disclosure
	Resolving the ethical dilemma of disclosure
		Instinct
		Safety, risk and pressure
	Conclusion: changing culture
4 ‘Hidden in plain sight’: the influence of culture on the police approach to disclosure
	Introduction
	Police disclosure failings: but one manifestation of police culture?
	Police culture, and a propensity to inertia
	Cognitive homogeneity
	Micro and macro cultures: a mandate from the people?
	Behavioural or culture change?
	Part of the solution or the problem? The challenge for police leadership
	Conclusion
5 The search for new solutions to the disclosure problem: behavioural and empirical perspectives
	Introduction
	The disclosure problem: a ‘symptom’ of wider issues?
	Current responses to disclosure: the National Disclosure Improvement Plan
	Why do we look to the same solutions?
	Why an alternative approach is required
	How could we look at the problem differently?
	A possible new approach: understanding the problem in greater detail
	Empirical study: methodology
	Findings
		Motivation – the role of response officers
		Capability – knowledge and understanding of investigative practice
		Opportunity to investigate
	Conclusions
		Motivation
		Capability
		Opportunity
		Other issues
		Potential next steps
6 Uncovering disclosure errors: appeals, innocence projects and the Criminal Cases Review Commission
	Developments in disclosure
	Disclosure and the risks of wrongful convictions
	Post-conviction disclosure problems
	The Criminal Cases Review Commission and disclosure
	Why innocence projects are still not the answer
	Conclusions
Final thoughts
Bibliography
Index