This section gives an overview of the Criminal Procedure and Investigation Act 1996 [ (“CPIA” ) ] disclosure regime, taking into account the Human Rights Act 1998 [ (“HRA” ) ] and the Attorney General’s Guidelines “The Guidelines” issued on 4th April 2005 and the Criminal Justice Act 2003 (CJA 2003).
The CPIA as amended by the CJA 2003, provides the statutory framework governing the disclosure of unused material in criminal proceedings .
The Criminal Justice Act 2003
The Criminal Justice Act 2003 received Royal Assent on 20 November 2003.
Sections 32 to 39 of the CJA 2003 make various amendments to the CPIA and apply to investigations commenced on or after 4 April 2005. Although the CJA 2003 applies to investigations commenced after 4th April 2005 the AG’s guidelines apply also to investigations commenced before.
The CPIA provisions substantially change the common law rules that operated before the CPIA came into effect, as the CPIA provides a system of mutual disclosure between prosecution and defence, which takes place at different stages of the prosecution process. which the prosecution had to disclose if a judge ruled that it was relevant.
Some common law principles still underlie the CPIA disclosure regime. If the CPIA does not specifically deal with a situation where disclosure is sought by the defence, common law principles may guide a court in deciding the extent of the prosecution duty to disclose unused material[1]. If the defence argue that they are entitled to unused material in such a situation you should contact the Legal Adviser’s Office.
” issued on 4th April 2005 and the Criminal Justice Act 2003 (CJA 2003).