Tackling Disclosure In The Criminal Courts A Practitioner S Guide Second Edition Focusing On Digital Disclosure

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Tackling Disclosure In The Criminal Courts A Practitioner S Guide Second Edition Focusing On Digital Disclosure

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Author : Narita Bahra
language : en
Publisher: Law Brief Publishing
Release Date : 2023-11-30

Tackling Disclosure In The Criminal Courts A Practitioner S Guide Second Edition Focusing On Digital Disclosure written by Narita Bahra and has been published by Law Brief Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-30 with categories.

This book is intended to provide practical guidance when considering issues of disclosure in criminal proceedings. It is aimed at both prosecution and defence practitioners. Disclosure issues can arise in any criminal case and in many guises, from the prosecution seeking an adverse inference from the defence's failure to set out their case in the defence statement, to the defence applying for proceedings to be stayed as an abuse of process due to disclosure failings by the prosecution. It also includes checklists designed to help the reader ask the right questions when considering particular disclosure topics along with a number of precedents, pro-formas and sample documents to assist. With a Foreword by Lord Justice Fulford (Sitting in Retirement). ABOUT THE AUTHORS Narita Bahra KC is one of the most sought after and able leading defence barristers instructed to defend in heavyweight Crime and Business Crime cases. She has been instructed in a number of the high-profile cases in which disclosure failings by the Prosecuting authorities have been unmasked. In 2018, four of these cases became the subject of review by the House of Commons Select Committee. Narita's most recent success resulted in her exposing an expert witness and significant disclosure failings. She has cemented a reputation as a barrister who can skilfully deal with the most difficult of disclosure cases. Her excellent track record, high success rate and commitment to fighting fearlessly for her client's best interests make her the leading choice in high profile disclosure cases. She regularly appears on Sky News and BBC news as a legal correspondent and is a regular author and contributor to legal journals. Don Ramble is a specialist prosecution barrister with 20 years' experience in the criminal courts. He has acted as disclosure counsel in some of the highest profile criminal trials in recent years, establishing himself as an expert in the field. His reputation and knowledge sees him called upon regularly to advise on disclosure issues in large and complex cases across the UK. CONTENTS Introduction Chapter One - Development of Disclosure Law Chapter Two - Terminology Chapter Three - Initial, Continuing and Post-Trial Disclosure Chapter Four - Defence Statements and Witness Notices Chapter Five - Disclosure Requests Chapter Six - Disclosure in the Magistrates' Court Chapter Seven - Digital Material Chapter Eight - Expert Witnesses Chapter Nine - Third-Party Material and Redaction Chapter Ten - PII Applications Chapter Eleven - Preventing Disclosure Problems Chapter Twelve - Tackling Disclosure Problems Chapter Thirteen - Remuneration

Tackling Disclosure In The Criminal Courts A Practitioner S Guide

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Author : NARITA BAHRA. RAMBLE QC (DON.)
language : en
Publisher:
Release Date : 2019-10-03

Tackling Disclosure In The Criminal Courts A Practitioner S Guide written by NARITA BAHRA. RAMBLE QC (DON.) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-03 with categories.

This book is intended to provide practical guidance when considering issues of disclosure in criminal proceedings. It is aimed at both prosecution and defence practitioners. Disclosure issues can arise in any criminal case and in many guises, from the prosecution seeking an adverse inference from the defence's failure to set out their case in the defence statement, to the defence applying for proceedings to be stayed as an abuse of process due to disclosure failings by the prosecution. It also includes checklists designed to help the reader ask the right questions when considering particular disclosure topics along with a number of precedents, pro-formas and sample documents to assist. With a Foreword by Sir Peter Gross (Lord Justice of Appeal). ABOUT THE AUTHORS Narita Bahra QC is one of the most sought after and able leading defence barristers instructed to defend in heavyweight Crime and Business Crime cases. She has been instructed in a number of the high-profile cases in which disclosure failings by the Prosecuting authorities have been unmasked. In 2018, four of these cases became the subject of review by the House of Commons Select Committee. Narita's most recent success resulted in her exposing an expert witness and significant disclosure failings. She has cemented a reputation as a barrister who can skilfully deal with the most difficult of disclosure cases. Her excellent track record, high success rate and commitment to fighting fearlessly for her client's best interests make her the leading choice in high profile disclosure cases. She regularly appears on Sky News and BBC news as a legal correspondent and is a regular author and contributor to legal journals. Don Ramble is a specialist prosecution barrister with 20 years' experience in the criminal courts. He has acted as disclosure counsel in some of the highest profile criminal trials in recent years, establishing himself as an expert in the field. His reputation and knowledge sees him called upon regularly to advise on disclosure issues in large and complex cases across the UK.

Criminal Disclosure Referencer

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Author : Tom Wainwright (Lawyer)
language : en
Publisher:
Release Date : 2018

Criminal Disclosure Referencer written by Tom Wainwright (Lawyer) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Procedure (Law) categories.

"Disclosure remains the most important part of trial preparation and can often make the difference between conviction and acquittal. The process can only work and produce fair results if all parties to the process are aware of their duties. The second edition of Criminal Disclosure Referencer (first edition: The Disclosure Referencer) provides practitioners with a practical, user-friendly guide to the law and guidance relating to the disclosure of unused material. The text follows the disclosure process chronologically from the commencement of the investigation to the conclusion of the case drawing together all the relevant legislation, codes, guidelines, rules, protocols and case law in a comprehensive manner, thereby enabling the reader to see quickly and effectively the duties and obligations of the main participants. Since the last edition of this work, the criminal justice landscape has changed fundamentally. The number of pre-trial hearings have been drastically reduced and replaced with a single 'Plea and Trial Preparation Hearing'. The principles of 'Better Case Management' have been introduced, requiring advocates to take more responsibility in relation to disclosure. In the vast majority of Crown Court cases evidence and disclosure are now provided digitally. All of these changes require parties to the criminal justice system to be fully up to date with their obligations in relation to disclosure. The second edition is updated to take account of numerous developments in legislation, case law and procedure including: Attorney General's Guidelines on Disclosure (updated October 2013) Judicial Protocol on the Disclosure of Unused Material in Criminal Cases (updated December 2013) Magistrates' Court Disclosure Review (June 2014) Revisions to the Criminal Procedure and Investigations Act Codes of Practice as a result of the Magistrates' Court Disclosure Review Criminal Procedure Rules 2015 (incorporating digital case changeover) New codes of practice relating to Regulation of Investigatory Powers Act 2000 (December 2014) The Covert Surveillance and Property Interference code of practice and the Covert Human Intelligence Source' code of practice (December 2014) The Interception of Communications code of practice (January 2016) Criminal Procedure (Amendment) Rules 2016 R. (on the application of Yam) v Central Criminal Court [2015] UKSC 76 - Whether there was a power under the common law, or under the Admin of Justice Act 1960 s12 to prevent an individual from placing certain material before the ECtHR. If so, whether the power could be exercised where the domestic court was satisfied that it was not in the interests of the State for the material to be made public even to the ECtHR R v Asiedu (Manfo Kwaku) [2015] EWCA Crim 714 R v Salt (Daryl) [2015] EWCA Crim 662R v Boardman (David) [2015] EWCA Crim 175 - Courts approach to failures in disclosure by Prosecution. R v R and others [2015] EWCA Crim 1941 - The Court of Appeal provided guidance on disclosure where large quantities of electronic documents are involved and on rulings as to abuse of process where delay has been caused by disclosure. R. (on the application of Nunn) v Chief Constable of Suffolk [2014] UKSC 37 - Hugely significant case on the Crown's duty of disclosure post-conviction."--Bloomsbury Publishing.

Discovery And Disclosure

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Author : William Abrahamson
language : en
Publisher:
Release Date : 2013-11-12

Discovery And Disclosure written by William Abrahamson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-12 with Disclosure of information categories.

Discovery & Disclosure - 2nd edition is written by practitioners with the practitioner in mind, and thus gives you a thorough understanding of discovery and disclosure procedures in both civil and criminal cases, and an examination of the important procedural differences that you need to be aware of. This unique reference source gives you unique guidance to the application of discovery and disclosure before quasi-judicial bodies such as the EAT, coroner's courts and tribunals of inquiry, but also provides a useful examination of all the latest civil and criminal case law that has impacted on the subject. What's new? * Significantly expanded criminal section covering particular types of disclosure, such as expert evidence, background material in sex cases, drug valuations, police complaint material, opinion of membership of an unlawful organisation * A section on discovery in Criminal Assets Bureau cases * A section on discovery in extradition * A section on electronic discovery About the authors William Abrahamson, James B. Dwyer and Andrew Fitzpatrick are all practising barristers.

A Practical Guide To The Use Of Expert Evidence In Criminal Cases Second Edition

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Author : Richard Padley
language : en
Publisher:
Release Date : 2023-04-21

A Practical Guide To The Use Of Expert Evidence In Criminal Cases Second Edition written by Richard Padley and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-21 with categories.

In recent times the use of expert evidence has hit the headlines when scrutiny over the expert's qualifications and experience has undermined the credibility of their evidence. This has rapidly become an area of law that practitioners cannot afford to get wrong. This book takes the practitioner through all stages of the process from initial identification of the need for expert evidence, through to maximising the benefit of this evidence at trial. It considers the practical steps required for adducing expert evidence at trial (noting the appropriate procedure rules and practice directions), and how this can most appropriately be presented to the tribunal (including references to key authorities as appropriate). The second edition of this book provides an update in relation to matters of admissibility and the use of expert evidence, but also expands on the types of expert evidence that practitioners may come across in their own work. It aims to provide the practitioner with a level of understanding of these fields that can be used to build confidence when tackling an expert report and challenging an expert in court. With that in mind it is suitable for both junior practitioners coming across these areas of expertise for the first time and seeking to build their knowledge afresh, as well as the more seasoned practitioner seeking to refresh their knowledge as well as understanding some of the greater detail surrounding the various fields of expertise. CONTENTS Ch 1 - An Introduction to Expert Evidence - What is an expert report? Who can be an expert? The independence of expert witnesses Ch 2 - The use of Expert Evidence in Criminal Proceedings - covering case management, unused material, the presentation of expert evidence in court, directing the jury Ch 3- An introduction to the use of psychiatric evidence in the criminal justice system Ch 4 - Fitness to Plead - An overview of the fitness to plead procedure, including how it can be used in both the Magistrates' and Crown Court, how it is established, and how an acts hearing is conducted Ch 5 - Insanity - How to establish insanity and the consequences of the return of the 'special verdict' Ch 6 - The utility of psychiatric evidence in establishing self defence Ch 7 - Disposal of cases involving elements of mental health treatment - an overview of the options available to the court Ch 8 - Digital Forensics - the principles for obtaining digital evidence, powers to obtain digital material from within the UK and from abroad, principles of examining devices for digital material, issues arising from the disclosure of gitial material. Ch 9 - Cell Site Evidence - What is it? How it can be used? What are its limitations? How can it be challenged? Ch 10 - Modern Slavery - How can an expert assist with matters of modern slavery? Ch 11 - Gangs, Lyrics and Association - When can the prosecution rely on evidence of gang assocation and music lyrics? Ch 12 - An introduction to Forensic Science - How does forensic science fit within the criminal justice system? Ch 13 - Fingerprint Analysis - Recovering and examining fingerprints; cognitive bias in fingerprint examination. Ch 14 - Firearms - analysis of firearms and ballistics; rifling and the identification of firearms; firearm discharge residue. Ch 15 - The use of DNA in Criminal Proceedings - an overview of the science; sources of DNA; interpretation of DNA; establishing the evidential significance of a match; the prosecutor's fallacy; limitations of the science Ch 16 - The use of statistics in forensic science - random match probability; liklihood theory; bayesian theorum; statistical evidence in court. Ch 17 - General tips when using expert evidence

Expert Evidence In Criminal Proceedings In England And Wales

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Author : Great Britain: Law Commission
language : en
Publisher: The Stationery Office
Release Date : 2011-03-22

Expert Evidence In Criminal Proceedings In England And Wales written by Great Britain: Law Commission and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-22 with Law categories.

This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.

Reference Guide To Anti Money Laundering And Combating The Financing Of Terrorism

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Author : Paul Allan Schott
language : en
Publisher: World Bank Publications
Release Date : 2006-01-01

Reference Guide To Anti Money Laundering And Combating The Financing Of Terrorism written by Paul Allan Schott and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-01-01 with Business & Economics categories.

This second edition of the Reference Guide is a comprehensive source of practical information on how countries can fight money laundering and terrorist financing. Aimed at helping countries understand the new international standards, it discusses the problems caused by these crimes, the specific actions countries need to take to address them, and the role international organizations play in the process. The Reference Guide is a valuable tool for establishing effective regimes to successfully prevent, detect, and prosecute money laundering and terrorist financing.

Model Rules Of Professional Conduct

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Author : American Bar Association. House of Delegates
language : en
Publisher: American Bar Association
Release Date : 2007

Model Rules Of Professional Conduct written by American Bar Association. House of Delegates and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Stolen Asset Recovery

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Author :
language : en
Publisher: World Bank Publications
Release Date : 2009

Stolen Asset Recovery written by and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.

This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.

Getting The Full Picture On Public Officials

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Author : Ivana Maria Rossi
language : en
Publisher: World Bank Publications
Release Date : 2017-01-13

Getting The Full Picture On Public Officials written by Ivana Maria Rossi and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-13 with Business & Economics categories.

Financial disclosure systems are a vital component of transparency. By now 161 countries around the world have introduced financial disclosure systems, becoming commonplace around the world. But, although the rules are on the books, many practitioners are still struggling with the intricacies of the rules and how to implement them in the socioeconomic, historical, and legal context of their own country. Little guidance is available to assist them. This book aims to fill that void and provide practitioners with practical scenarios to consider before deciding on a particular course of action. This book contains short chapters that elaborate each topic and provide clear guidance on the issues that policy makers and those involved in the implementation of financial disclosure obligations will need to take into account before making a decision. How do you decide who should file? And how often? On-line or in hard copy? And what exactly? Everything they own directly—or also those apartments they own indirectly? How should information in declarations be checked? Should it be shared with public? How accessible should it be? This is the sort of practical guidance that this book aims to provide.