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Failures in disclosure leading to miscarriages of justice

22 February 2018

The Law Society is asking criminal law solicitors to get in touch if they know of cases where failures in the disclosure of ‘unused material’ evidence led, or could have led, to a miscarriage of justice.

Criminal practitioners will be aware of the ongoing problems with disclosure of evidence and failures by the police and prosecution to share ‘unused material’, evidence which may undermine the prosecution case or support the defence case.

Disclosure is essential to ensure a fair trial - the very foundation of our system of criminal justice. Solicitors are at the heart of the criminal justice system, defending, prosecuting, and upholding the rule of law.

Case studies will help us illustrate the extent of the problem and the important role that solicitors play in ensuring a just outcome.

The Justice Committee has launched an inquiry into the disclosure of evidence in criminal cases. It follows the announcement of the Committee’s intention to examine the issue on 25 January.

Please email us details of any cases in which disclosure issues may have resulted in a miscarriage of justice by March 9.

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