Supreme Court rules on post-conviction duty of disclosure in criminal cases.

18.06.14 | |

Although the duty of disclosure post-conviction is not as broad as pre-conviction, the court accepted that if the convicted person appeals, disclosure should be made of any material which is relevant to an identified ground of appeal and which might assist the appellant. The court accepted the appellant's argument that disclosure must ordinarily be made of material if there is a real prospect that further enquiry will uncover something which may affect the safety of the conviction. The court also came to a different view from the Divisional Court on the facts of the case, who decided that the disclosure sought by the Appellant was not necessary. 

 

Adam Straw represented the appellant, led by Hugh Southey QC, and instructed by Saunders & Co. Solicitors. 

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