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Review of the Law and Practice of Disclosure in Criminal Proceedings in Scotland

DescriptionThe report of an independent review of the law and practice of disclosure, commissioned by the Scottish Government and carried out by Rt Hon Lord Coulsfield in 2006-2007.
ISBN9780755955244
Official Print Publication DateSeptember 2007
Website Publication DateSeptember 12, 2007

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by The Rt Hon Lord Coulsfield

ISBN 978 0 7559 5524 4

This document is also available in pdf format (600k)

Contents

Part I: Introduction and Context
1. Remit
2. Review strategy and method of working
3. An Introduction to the problem

Part II: The Duty of Disclosure
4. Issues of principle
5. The general duty of disclosure
6. Withholding material
7. Decision making
8. The consequences of a failure to disclose
9. Principles for summary cases

Part III: Practical Application
10. Responsibilities of the police
11. Advance disclosure of the prosecution's case
12. Disclosure for solemn cases - schedules of material
13. Disclosure for summary cases
14. Redaction, and resolution of disputes
15. The Unrepresented accused and Protection of disclosed material

Part IV: Some specific issues
16. Crown Precognitions
17. Visually-recorded interviews and CCTV footage
18. Criminal History records
19. Victim Statements

Part V: The Next Steps
20. The need for early legislation and action
21. Comments on possible resource implications

Summary of Recommendations

Annex 1 European Convention on Human Rights, Articles 2, 6 and 8
Annex 2 Examples of types of sensitive material
Annex 3R v H and C: Checklist for English courts to apply in PII hearings
Annex 4 English and Welsh disclosure system
Annex 5 National Standard Statement
Annex 6 Lothian & Borders Police: Personal Digital Assistant ( PDA) Pilot
Annex 7ACPOS Policy and guidance on disposal of crime records and productions
Annex 8 Current disclosure timelines
Annex 9 Summary Justice models
Annex 10 2004 Crown Practice Statement
Annex 11 Article 11 of the Law Society of Scotland Code of Conduct in Criminal Work
Annex 12 Victim Statement form
Annex 13 Table of abbreviations