Disclosure and Sentence Discounts

Abstract

In this chapter, we examine a number of pre-trial procedures which have been introduced to promote the efficient handling of cases tried in the Crown Court. They are designed to shift the resolution of issues away from the trial to the pre-trial stage, where they can be dealt with more efficiently and at less expense. The procedures seek to settle issues of plea, evidence admissibility, law, and the disclosure of information from both the prosecution and the defence. They represent a move away from the due process protections of the public courtroom, towards a process which maximizes the opportunities for the production of knowledge helpful to the prosecution. The absence of full disclosure of the prosecution evidence has led to a number of miscarriages of justice. Yet the new provisions place an onus upon the defence to disclose the outline of their case, in order that they may have access to prosecution material which is relevant to the defence. Together with the curtailment of the accused’s right to silence at the police station and in court (discussed in Chapter 5), this represents a significant attack upon the principle that it is for the prosecution to prove its case against the accused.