Review of sanctions for disclosure failures in criminal trials

|Media Release

26 April 2012

Review of sanctions for disclosure failures in criminal trials

The Lord Chief Justice has asked Lord Justice Gross and Mr Justice Treacy to conduct a review of sanctions for disclosure failures.

The review will consider whether the sanctions for disclosure failures, together with judicial case management powers, are adequate to secure compliance with disclosure duties. It will also consider whether there are options for strengthening those sanctions, having regard to fair trial rights, practical enforceability and the scale and nature of the problem.

The request follows an earlier review of “Disclosure in Criminal Proceedings” carried out by Lord Justice Gross for the Lord Chief Justice and published in September 2011.

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Notes for Editors:

Biographical details for Lord Justice Gross – Lord Justice (Peter) Gross was called to the Bar in 1977 (Gray’s Inn) and made a Bencher in 2000. He took Silk in 1992 and was a Recorder from 1995 until 2001. He was appointed a Judge of the High Court (Queen’s Bench Division) in 2001, and served as Judge in charge of the Commercial Court 2009-10. In 2010 he was appointed to the Court of Appeal. He was appointed Deputy Senior Presiding Judge for England and Wales in October 2011.

Biographical details for Mr Justice Treacy – Mr Justice (Colman) Treacy was called to the Bar in 1971 (Middle Temple) and made a Bencher in 1999. He took Silk in 1990 and was an Assistant Recorder from 1988 until 1991 and a Recorder from 1991 – 2002. He was appointed a Judge of the High Court (Queen’s Bench Division) in 2002 and a Presiding Judge on the Midland Circuit from 2006 until 2010.

Terms of Reference of Review –

  • To consider whether the sanctions for disclosure failures, together with judicial case management powers, are adequate to secure compliance with disclosure duties and, if not, whether there are options for strengthening those sanctions, having regard to fair trial rights, practical enforceability and the scale and nature of the problem.
  • To consider, if necessary, the issue of specific guidance.

A copy of Lord Justice Gross’ earlier review, Disclosure in Criminal Proceedings, is available at: https://www.judiciary.gov.uk/Resources/JCO/Documents/Reports/disclosure-review-september-2011.pdf

For further information contact:

Rachael Collins, Judicial Press Office on 020 7947 6490

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