Corker Binning solicitor Jemma Sherwood-Roberts is today speaking at the Covert Policing conference ‘Disclosure and Large Major Inquiries: principles, good practice and pitfalls’.
The 2012 review by Lord Justices Gross and Treacy into failures surrounding disclosure was the precursor to the revised Judicial and Attorney General Protocols published in December 2013. Yet, the disclosure regime remains problematic and continues to dog the effective investigation and prosecution of criminal offences, particular large major inquiries.
Material non-disclosure also remains the biggest cause of miscarriages of justice. Last year saw the first Independent Police Complaints Commission investigation against officers arising out of disclosure failings. Quashed convictions, re-trials, compensation payments and the risk of the institution of disciplinary and in some cases criminal proceedings are all possible consequences of the failure to get disclosure right.
The Disclosure and Large Major Inquiries conference will discuss the issues associated with disclosure in major inquiries, including recent legislation and key cases, avoiding miscarriages of justice and protecting disclosure of sensitive materials.
Jemma will be speaking on understanding defence tactics and approaches to disclosure. She will be providing a comparative review of what the Attorney General and Judiciary seek in their guidance and the reality and practical difficulties encountered by the Defence. She will also discuss incidences of non-disclosure and how to tackle such issues.
More about the event can be found here.