Jurisdiction(s):
United Kingdom

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...

Recovering evidence from the Crown and third parties in Scottish criminal proceedings: productions, public interest objections, commission and diligence, and SCCRC powers

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Practice notes

In most Scottish criminal matters, defence representatives usually obtain material through Disclosure provided by the Crown, in line with duties under the Criminal Justice and Licensing (Scotland) ACT 2010 (CJL(S)A 2010). For guidance on such material, refer to Practice Note: Disclosure of evidence in Scottish criminal proceedings. However, some situations call for information retained by the Crown that falls outwith its statutory disclosure duties, that is, material the Crown holds but is not obliged by the CJL(S)A 2010 to reveal to the defence. At times, the necessary information sits with a third party; documents or records may lie with external organisations or individuals rather than the Crown. This Practice Note sets out how such material can be recovered, and describes the mechanisms available to secure access in those circumstances.

Evidence held by the Crown

As noted, in most instances, recovering Crown-held evidence proceeds under the Crown’s obligations in CJL(S)A 2010, Pt 6. There are, nonetheless, occasions when recovery is needed but does not fall within CJL(S)A 2010, i.e., where the statutory scheme does not apply. One such circumstance arises where a document or item appears on the Crown’s LiST of productions served with the indictment. In that event, the accused...

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Web page updated on 21/05/2026

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