Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

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...

Practical Guide to Disclosure of Unused Material in Criminal Cases: Duties, Digital Evidence, DMDs, PII and section 8 Applications (England and Wales)

Published by a LexisNexis Corporate Crime expert

Practice notes

Duty of disclosure of unused evidence

The quest for a fair trial rooted in equality of arms has generated a Disclosure duty owed by the Crown to the Defence. In R v H, the House of Lords stated that, for the purposes of article 6(1) of the Convention, criminal proceedings must be adversarial and governed by the principle of equality of arms between prosecution and defence. Those requirements oblige investigating authorities to reveal all material that assists or undermines the defence, whether or not the prosecution intends to rely on it. That said, the right to disclosure is not unqualified, and material that falls to be disclosed may be withheld on public interest immunity (PII) grounds. For further guidance, see Practice Note: Public interest immunity. The prosecutor’s disclosure obligations may be cast broadly. It is not only required to set out the particulars of its case when a matter goes to trial (see Practice Note: The service of prosecution evidence), but the prosecutor must also provide advanced information of the evidence upon which the Crown proposes to rely to prove its case before the case comes to court on the first...

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Daniel Mullin

2 Hare Court

Daniel undertakes work in criminal, regulatory, and civil law.He regularly represents defendants in the Crown Court, Magistrates’ Court, and professional tribunals. Daniel is currently seconded to the Law Officers’ Department in Jersey where he will provide advice on asset restraint as part of investigations into international financial crime.Daniel is currently instructed in a number of civil cases, including breaches of contract in the county court. He is a ‘junior junior’ in an action against a government department where the damages claimed exceed £700 million.In regulatory law, Daniel regularly appears before disciplinary tribunals. Daniel is instructed alone to prosecute a case in the Crown Court on behalf of the Insolvency Service for breaches of the Companies Act and fraud arising from abuses of the Covid Bounce Back Loan scheme. He also works regularly on cases brought by and against local...

Web page updated on 21/05/2026

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