The Criminal Procedure Rules Committee is reviewing the operation of magistrates' court disclosure rules, following proposals by defence organisations that the Criminal Procedure Rules be amended so that, in certain circumstances, the defence can insist on disclosure prior to the date of hearing. It is seeking specific examples of courts where the late service of papers has led to delays in the disposal of cases.
The committee is keen to inform the Crown Prosecution Service (CPS) of any particular regions and/or courts where there are problems. Does any of the following apply to you or your firm in the area that you practise?
- Can you get initial disclosure before the first hearing at your local court if you request it in advance?
- Is initial disclosure available first thing when you arrive at court on the morning of the hearing or is there often a wait because the papers have not arrived at court?
- Is there someone from the prosecution present with whom you can discuss the case, with a view to making progress and perhaps even agree acceptable pleas?
- Are the contents of initial disclosure sufficient?
Please send your examples to Paul Harris, the solicitor representative on the Criminal Procedure Rule Committee, who will liaise directly with the CPS officer responsible for addressing regions with particular problems.
We encourage practitioners to take this opportunity to report any problems in their region. The examples will be fed back to the CPS at a senior level, and to the Criminal Procedure Rule Committee.
The CPS has indicated that, where appropriate, it will take practical steps to address the situation in those areas or courts where there are clearly problems.
Send your examples
Please contact Paul Harris at paulh@efbw.co.uk with any examples.