Why Is The UK's Criminal Law Disclosure Process Failing?

Law360 (February 14, 2019, 2:10 PM EST) -- Prosecutors' disclosure and discovery obligations arise from the fundamental right to a fair trial. A right, beyond reasonable doubt that we would all agree with. Yet eight centuries after the Magna Carta, it is widely acknowledged that the U.K.'s criminal disclosure process is failing to deliver on its promise.

The principle of natural justice, audi alteram partem, requires that both sides be heard. This means all evidence which supports the defense must be disclosed by the prosecution. However, in the U.K., we have recently seen a number of high profile cases collapse, and convictions overturned, because the police and prosecutors have...

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