There was never a golden age of disclosure, when justice was done to all. Prosecutors’ disclosure obligations arise from the fundamental right to a fair trial. Yet eight centuries after Magna Carta, it is widely acknowledged that our criminal disclosure process is failing.
Last week Geoffrey Cox, QC, the attorney-general, appeared before the House of Commons justice committee and theatrically vowed to “crack the whip” to fix the disclosure system. His oratory appears sincere. We must welcome his making this one of his central priorities.
Disclosure is a fundamentally straightforward proposition. The attorney-general’s guidelines state that prosecutors must disclose material that “might reasonably be considered capable of undermining the prosecution case or assisting the case for accused”. Vast texts and manuals explain the nuances to