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Crime

Evidence - Prosecution evidence - Disclosure of information to defence - Guidance on proper approach to disclosure of unused material in criminal proceedings where large quantities of documents involved - Criminal Procedure and Investigations Act 1996, s 3

12 January 2016

Regina v R and others [2015] EWCA Crim 1941; [2015] WLR (D) 552

CA: Sir Brian Leveson P, Gross, Fulford LJJ

  • 21 December 2015

The Court of Appeal (Criminal Division) gave guidance on the proper approach to disclosure of unused material in criminal proceedings where large quantities of documents, in particular electronic documents, were involved, and also on the approach to an abuse of process application where proceedings were delayed because of the disclosure exercise.

The Court of Appeal, Criminal Division, so stated when allowing the Crown's appeal under section 58 of the Criminal Justice Act 2003 against a ruling by the trial judge that proceedings against R and others be stayed as an abuse of process.

SIR BRIAN LEVESON P said, in extracts from the reserved judgment of the court, that questions had arisen in this case as to the ability of the crimina...

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