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Criminal Disclosure Act 2008 - Discovery

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A New Form of Obtaining Full Disclosure

 

The Criminal Disclosure Act 2008 covers the way prosecuting organisations must disclose all material in their possession (subject to some rare exceptions) during criminal prosecution proceedings, major and minor.   The new Act applies to proceedings commenced on or after 29 June 2009. 

 

The purpose of the new Act is to promote fair, effective and efficient disclosure of relevant information between the prosecution and defence, and by third parties, in criminal proceedings.  You get given initial and partial disclosure usually on the first appearance date.   More disclosure comes after you have entered a plea of not guilty.  The obligation on the prosecution is a continuing obligation so as more material comes into existence, it must be p

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