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This book is intended to provide practical guidance when considering issues of disclosure in criminal proceedings. It is aimed at both prosecution and defence practitioners. Disclosure issues can arise in any criminal case and in many guises, from the prosecution seeking an adverse inference from the defence's failure to set out their case in the defence statement, to the defence applying for proceedings to be stayed as an abuse of process due to disclosure failings by the prosecution. It also includes checklists designed to help the reader ask the right questions when considering particular disclosure topics along with a number of precedents, pro-formas and sample documents to assist. With a Foreword by Sir Peter Gross (Lord Justice of Appeal). ABOUT THE AUTHORS Narita Bahra QC is one of the most sought after and able leading defence barristers instructed to defend in heavyweight Crime and Business Crime cases. She has been instructed in a number of the high-profile cases in which disclosure failings by the Prosecuting authorities have been unmasked. In 2018, four of these cases became the subject of review by the House of Commons Select Committee. Narita's most recent success resulted in her exposing an expert witness and significant disclosure failings. She has cemented a reputation as a barrister who can skilfully deal with the most difficult of disclosure cases. Her excellent track record, high success rate and commitment to fighting fearlessly for her client's best interests make her the leading choice in high profile disclosure cases. She regularly appears on Sky News and BBC news as a legal correspondent and is a regular author and contributor to legal journals. Don Ramble is a specialist prosecution barrister with 20 years' experience in the criminal courts. He has acted as disclosure counsel in some of the highest profile criminal trials in recent years, establishing himself as an expert in the field. His reputation and knowledge sees him called upon regularly to advise on disclosure issues in large and complex cases across the UK.
This book is intended to provide practical guidance when considering issues of disclosure in criminal proceedings. It is aimed at both prosecution and defence practitioners. Disclosure issues can arise in any criminal case and in many guises, from the prosecution seeking an adverse inference from the defence's failure to set out their case in the defence statement, to the defence applying for proceedings to be stayed as an abuse of process due to disclosure failings by the prosecution. It also includes checklists designed to help the reader ask the right questions when considering particular disclosure topics along with a number of precedents, pro-formas and sample documents to assist. With a Foreword by Lord Justice Fulford (Sitting in Retirement). ABOUT THE AUTHORS Narita Bahra KC is one of the most sought after and able leading defence barristers instructed to defend in heavyweight Crime and Business Crime cases. She has been instructed in a number of the high-profile cases in which disclosure failings by the Prosecuting authorities have been unmasked. In 2018, four of these cases became the subject of review by the House of Commons Select Committee. Narita's most recent success resulted in her exposing an expert witness and significant disclosure failings. She has cemented a reputation as a barrister who can skilfully deal with the most difficult of disclosure cases. Her excellent track record, high success rate and commitment to fighting fearlessly for her client's best interests make her the leading choice in high profile disclosure cases. She regularly appears on Sky News and BBC news as a legal correspondent and is a regular author and contributor to legal journals. Don Ramble is a specialist prosecution barrister with 20 years' experience in the criminal courts. He has acted as disclosure counsel in some of the highest profile criminal trials in recent years, establishing himself as an expert in the field. His reputation and knowledge sees him called upon regularly to advise on disclosure issues in large and complex cases across the UK. CONTENTS Introduction Chapter One - Development of Disclosure Law Chapter Two - Terminology Chapter Three - Initial, Continuing and Post-Trial Disclosure Chapter Four - Defence Statements and Witness Notices Chapter Five - Disclosure Requests Chapter Six - Disclosure in the Magistrates' Court Chapter Seven - Digital Material Chapter Eight - Expert Witnesses Chapter Nine - Third-Party Material and Redaction Chapter Ten - PII Applications Chapter Eleven - Preventing Disclosure Problems Chapter Twelve - Tackling Disclosure Problems Chapter Thirteen - Remuneration
This practitioner's text, written by three experienced practitioners, is a practical volume on a topic which covers a wide range of subject areas and on which many practitioners need guidance. It deals with issues of daily practical importance to the legal practitioner, ranging from the legal executive compiling the list of documents in a county court personal injury addition to the Attorney General advising his Ministers in PII certificates. Problem-oriented in approach, it answers questions which come up in practice, and includes flowcharts, checklists, specimen letters and draft affidavits.
Criminal Disclosure Referencer provides practitioners with a user-friendly guide to the law and guidance relating to the disclosure of unused material. This text follows the disclosure process chronologically, drawing together all the relevant legislation, codes, guidelines, rules, protocols, and case law in a comprehensive manner. With electronic disclosure occurring more frequently and advocates now able to claim for reading Unused Material, this practical guide assists parties to the criminal justice system in remaining fully up to date with their obligations. Since the Second Edition, the following guidance and codes have been published or updated: 1. Review of the efficiency and effectiveness of disclosure in the criminal justice system [November 2018]; 2. Crown Prosecution Service Disclosure Manual [Revised 14th December 2018]; 3. Criminal Procedure Rules 2020; 4. Criminal Procedure and Investigations Act 1996 (section 23(1)) Code of Practice [in effect from 31st December 2020] and 5. Attorney General's Guidelines on Disclosure [in effect from 25th July 2022]. Key cases on disclosure since the Second Edition include: 1. Gohil [2018] 1 Cr App R 30: Approach to disclosure; 2. Syed [2019] 1 WLR 2459: Regarding compatibility of disclosure regime with Article 6 of the European Convention on Human Rights; 3. Duarte [2020] 1 Cr App R 11: Use of defence statements at trial and 4. CB; Mohammed [2020] EWCA Crim 790: Regarding disclosure of complainant's mobile phone records.
eDisclosure is a hot topic for all practising lawyers in England and Wales. All those who run contentious business need to know how the courts are dealing with the complexities and problems that electronic disclosure throws up, and how they respond to the practical challenges discovered by firms in meeting the electronic disclosure protocol. Although the judiciary has offered guidance on the rules relating to eDisclosure for some time, the case law suggests that many lawyers remain blissfully unaware of three important topics: eDisclosure, eEvidence and eSignatures. This concise guide is intended as an aid to both lawyers and their technical advisers working on eDisclosure in England and Wales, and to indicate how judges have approached the issues arising in both civil and criminal proceedings. It will be of interest to all jurisdictions struggling with the same issues.
This is a user-friendly handbook, providing practical up-to-date coverage of this increasingly significant topic.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.
This title examines in a practical manner the complex law and regulations that now exist in the United Kingdom, the United States of America and various other important jurisdictions concerning the concept of conflicts of interest and how the principles have been applied in the financial services industry