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4 DISCLOSURE
There has been a significant change in processes relating to the disclosure of evidence required by the Crown since the judgements issued by the Privy Council in the cases of Holland and Sinclair in 1995. There is now a presumption in favour of disclosure of witness statements to the defence in all cases where a not guilty plea is tendered and a trial fixed. This has involved fresh protocols being agreed with the police concerning the submission of statements and arrangements in relation to checking of statements and provision of these to defence solicitors. The IT systems allow for these procedures to be set in place at the marking stage to avoid 'double-handling' of cases (ie a second Depute reading the case to choose witnesses should there be a trial fixed).
The recently published Report by Lord Coulsfield, published September 2007, suggests legislation is required to clarify Crown duties and obligations relating to Disclosure of the Crown evidence and further changes in processes in this area are anticipated. This review has concentrated on the requirements at the time the cases proceeded.
Discussions took place within the Ayrshire Area about Disclosure, its impact and how it should be dealt with. As a result local procedures have been put in place which provide staff with step by step details on how to process Disclosure requests.
The Area advise that Disclosure has created significant extra work for both Summary and Solemn Units and that resources have been stretched as a result. Agency staff are currently employed in the Kilmarnock office to help the Area meet its targets.
Staff commented that there were issues with the police in reporting Disclosure but that this is being dealt with.
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