Part II Before the Trial Begins, 7 Disclosure of Evidence

Disclosure, being in essence the process of revealing evidence to an opposing party, is at the heart of criminal trials. While vastly different approaches are taken to the disclosure obligations of the parties at civil and common law, the different disclosure regimes are premised on the same underlying rationale; that disclosure results in the ‘just and efficient disposal of litigation.’1 In practice, the disclosure process is arguably the most important mechanism for ensuring that an accused receives a fair trial. This is predominantly due to the fact that...