Issues Paper on Disclosure and Discovery

Issues Paper

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The Commission has published today an Issues Paper on Disclosure and Discovery in Criminal Cases. In particular, the Commission is seeking views in relation to the following four issues:

1. The scope of the prosecution duty of disclosure (the relevant questions on this issue are on pages 5, 7, 8 and 10 of the Issues Paper);
2. The possibility of discovery in criminal cases (the relevant questions on this issue are on page 12 of the Issues Paper);
3. The possibility of a procedure to provide the accused access to materials in the possession of third parties (the relevant questions on this issue are on page 15 of the Issues Paper);
4. The interests of various parties in criminal proceedings, including claims to privilege (the relevant questions on this issue are on page 19 of the Issues Paper).

Comments and suggestions are warmly welcomed on any of the questions asked from all interested parties and all responses will be treated in the strictest confidence unless requested otherwise. Please note that consultees need not answer all questions and are also invited to add any additional comments they consider relevant. We would like to receive replies by 9 May 2014 if possible.