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Disclosure definition

What does Disclosure mean? Disclosure describes the process in litigation by which a party identifies, lists and, where not protected by privilege, allows inspection of documents within its control that are relevant to the issues in dispute, including confirming that a document exists or has existed. It covers paper and electronic material (ESI), and carries a continuing duty to preserve and disclose. In England and Wales, disclosure is governed by the Civil Procedure Rules: standard disclosure and inspection under Part 31, and in the Business and Property Courts, initial and extended disclosure under Practice Direction 57AD. Parties must conduct a reasonable and proportionate search, list...

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Statutory and common law disclosure in magistrates’ court proceedings: IDPC, defence statements, s.8 applications, and service on sending to the Crown Court (England and Wales)

Practice notes
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Initial details of the prosecution case

Disclosure by the prosecution is a cornerstone of the adversarial criminal justice system, where investigative authority rests with the police and other enforcement bodies. In England and Wales, disclosure is governed by the Criminal Procedure and Investigations Act 1996 (CPIA 1996), with procedural obligations prescribed by the Criminal Procedure Rules 2025 (CrimPR 2025), SI 2025/909, and the Criminal Practice Directions. This framework is reinforced by guidance such as the Attorney General's Guidelines on Disclosure and the CPIA 1996 Code of Practice, together with judicial protocols including the Better Case Management Revival Handbook and Control and management of heavy fraud and other complex criminal cases. Certain matters are administered via Common Platform, the digital case management system for the magistrates’ court, through which the Initial Details of the Prosecution Case (IDPC) and other material are provided and accessed online. Case progression—covering completion of the Preparation for Effective Trial (PET) form and the service of any applications—also takes place on Common Platform. For further detail, see the Practice Note: How to use Common Platform and the Digital Case System...

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Evan Wright
Evan Wright

Evan began his career in the police and moved to the Crown Prosecution Service before defending in the criminal courts upon qualification in 1997. He also represents professional and commercial clients before regulatory panels and in the related courts. He is highly regarded for his detailed preparation and understanding of issues faced by clients who are also alleged to have breached professional standards and regulations, including fitness to practice issues. Clients include solicitors, medical practitioners, politicians, accountants, architects, senior directors and sports professionals. ...

Web page updated on 21/05/2026

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