The Garden Court Crime Team is pleased to announce that the Criminal Disclosure Referencer, Third Edition, written by Tom Wainwright, Emma Fenn and Shahida Begum is out now.
Proper and full disclosure remains the beating heart of a fair criminal justice process.
Since the publication of the second edition of the Disclosure Referencer in 2017, the courts have continued to deal with a raft of cases affected by severe disclosure failings. The former postmasters, postmistresses and Post Office employees are a perfect example of the miscarriages of justice that can occur where disclosure failings happen. The case of Malkinson (reported by the BBC here) provided a stark warning of the importance of practitioners having detailed knowledge of disclosure rules and ensuring that they are adhered to during the criminal trial process.
The third edition of The Criminal Disclosure Referencer provides practitioners with a practical, user-friendly guide to law relating to the disclosure of material. The text draws together all the relevant legislation, codes, guidelines, rules, protocols and case law in a comprehensive manner. This includes the recent 2024 iteration of the Attorney General’s Guidelines on Disclosure, as well as the 2024 Protocol on Disclosure of Information between Family and Criminal Agencies and Jurisdictions.
In his foreword to the third edition, the Rt Hon. Lord Justice Holroyde, Vice-President of the Court of Appeal, Criminal Division describes the Disclosure Referencer as an "easily-navigated and convenient guide which will provide real assistance to practitioners, both for the prosecution and the defence, and will help them discharge their duties in this difficult area of law."
Tom Wainwright, Emma Fenn and Shahida Begum are all members of the Garden Court Chambers Crime Team.