Top Tips & Tactics on CPIA Disclosure
Recent alarming events have demonstrated that disclosure obligations under the CPIA are not being met. This affects both the prosecution and the defence. The consequences may amount to a miscarriage of justice for the defendant or for a complainant. We are all busy practitioners, but this area of practice has to be addressed with care and that takes time and requires a thorough working knowledge of the law, practice, procedure and relevant case law. The more knowledgeable you are, the easier the task.
The course will equip you with the knowledge and tactics to recognise when a party is entitled to disclosure and when not, and to exploit / avoid the exploitation from any failures to comply with the law and/or directions. It will also steer you away from abuse of process arguments which are now, as a remedy for non-disclosure, largely dead in the water.
This highly practical course is aimed at anyone who wants to make better use of unused material and is suitable for both prosecution and defence lawyers. Senior Investigating Officers may also find the course of value.
Please note a basic knowledge of CPIA is assumed.
What You Will Learn
This course will cover the following:
- The CPIA 1996
- Who is obliged to do what, when and how?
- The CPIA Code of Practice
- Sensitive and PII material
- The police duty to investigate exculpatory lines of enquiry
- The Attorney-General's Guidelines on Disclosure 2013
- Heavy fraud
- Expert evidence and disclosure
- Family proceedings
- Practice directions and procedural rules
- Lost or missing material - what can be done? Is it really a problem?
- The essential and up-to-date case law
- Things not to do
- Maintaining a lawyer's armoury - work smarter, not harder
- Plenty of opportunity to ask questions
- Drafting and precedents for s8 CPIA applications
Quick Quiz - Test Your Knowledge: Just click Criminal Procedure
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Please let us know if you wish to be notified when new dates are added for this programme