Criminal Law Solicitors’ Association
Monday, 10 October 2016
Amendments to the crimPR on disclosure
Members of the CLSA will be aware that Zoe Gascoyne, Greg Foxsmith (LCCSA) and Paul Harris (Criminal Procedural Committee) had a meeting on the 28th July 2016 with the Senior Presiding Judge, the Director of Public Prosecutions and the Chief Magistrate, amongst others. The meeting was convened as a consequence of the CLSA Protocol on disclosure issues and the content and service of the IDPC. During that meeting representations were made on behalf of the profession about the issues that practitioners face in court on a daily basis. Lord Justice Fulford indicated that he would give consideration to the matters raised.
On the 7th October The Criminal Procedural Committee agreed to introduce amendments to the CPR, the effect of which will be that in sentencing hearings the Crown will not be able to rely on material which they have not disclosed to the defence and in respect of which they have had sufficient time to consider without leave of the court. (Part 8 of Rules)
The rules will also be amended (part 14) to include an express requirement that the defence be allowed sufficient time to consider information on which the prosecutor relied on in objecting to bail.
The associations are pleased that some progress has been made and we will continue to represent the interests of our members in ensuring fairness within the justice system.
In the meantime could we remind all members to continue using the designated email address to express any concerns.
Zoe Gascoyne, Chair CLSA
Greg Foxsmith, President LCCSA
Notes to Editors:
The CLSA is an independent organisation representing lawyers in England and Wales. Its members specialise, often exclusively, in criminal defence litigation. Its members are defenders in the large majority, but it has prosecutors and court clerks in its membership.
Chairman: Zoe Gascoyne, CLSA, Suite 2 Level 6, New England House, New England Street, Brighton BN1 4GH. DX 2740 Brighton. Email: firstname.lastname@example.org.