Tackling Disclosure in the Criminal Courts - A Practitioner's Guide (Second Edition Focusing on Digital Disclosure)

Tackling Disclosure in the Criminal Courts - A Practitioner's Guide (Second Edition Focusing on Digital Disclosure)
Author: Narita Bahra
Publisher: Law Brief Publishing
Total Pages: 0
Release: 2023-11-30
Genre:
ISBN: 9781916698192

This book is intended to provide practical guidance when considering issues of disclosure in criminal proceedings. It is aimed at both prosecution and defence practitioners. Disclosure issues can arise in any criminal case and in many guises, from the prosecution seeking an adverse inference from the defence's failure to set out their case in the defence statement, to the defence applying for proceedings to be stayed as an abuse of process due to disclosure failings by the prosecution. It also includes checklists designed to help the reader ask the right questions when considering particular disclosure topics along with a number of precedents, pro-formas and sample documents to assist. With a Foreword by Lord Justice Fulford (Sitting in Retirement). ABOUT THE AUTHORS Narita Bahra KC is one of the most sought after and able leading defence barristers instructed to defend in heavyweight Crime and Business Crime cases. She has been instructed in a number of the high-profile cases in which disclosure failings by the Prosecuting authorities have been unmasked. In 2018, four of these cases became the subject of review by the House of Commons Select Committee. Narita's most recent success resulted in her exposing an expert witness and significant disclosure failings. She has cemented a reputation as a barrister who can skilfully deal with the most difficult of disclosure cases. Her excellent track record, high success rate and commitment to fighting fearlessly for her client's best interests make her the leading choice in high profile disclosure cases. She regularly appears on Sky News and BBC news as a legal correspondent and is a regular author and contributor to legal journals. Don Ramble is a specialist prosecution barrister with 20 years' experience in the criminal courts. He has acted as disclosure counsel in some of the highest profile criminal trials in recent years, establishing himself as an expert in the field. His reputation and knowledge sees him called upon regularly to advise on disclosure issues in large and complex cases across the UK. CONTENTS Introduction Chapter One - Development of Disclosure Law Chapter Two - Terminology Chapter Three - Initial, Continuing and Post-Trial Disclosure Chapter Four - Defence Statements and Witness Notices Chapter Five - Disclosure Requests Chapter Six - Disclosure in the Magistrates' Court Chapter Seven - Digital Material Chapter Eight - Expert Witnesses Chapter Nine - Third-Party Material and Redaction Chapter Ten - PII Applications Chapter Eleven - Preventing Disclosure Problems Chapter Twelve - Tackling Disclosure Problems Chapter Thirteen - Remuneration

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Tackling Disclosure in the Criminal Courts - A Practitioner's Guide

Tackling Disclosure in the Criminal Courts - A Practitioner's Guide
Author: NARITA BAHRA. RAMBLE QC (DON.)
Publisher:
Total Pages: 280
Release: 2019-10-03
Genre:
ISBN: 9781912687428

This book is intended to provide practical guidance when considering issues of disclosure in criminal proceedings. It is aimed at both prosecution and defence practitioners. Disclosure issues can arise in any criminal case and in many guises, from the prosecution seeking an adverse inference from the defence's failure to set out their case in the defence statement, to the defence applying for proceedings to be stayed as an abuse of process due to disclosure failings by the prosecution. It also includes checklists designed to help the reader ask the right questions when considering particular disclosure topics along with a number of precedents, pro-formas and sample documents to assist. With a Foreword by Sir Peter Gross (Lord Justice of Appeal). ABOUT THE AUTHORS Narita Bahra QC is one of the most sought after and able leading defence barristers instructed to defend in heavyweight Crime and Business Crime cases. She has been instructed in a number of the high-profile cases in which disclosure failings by the Prosecuting authorities have been unmasked. In 2018, four of these cases became the subject of review by the House of Commons Select Committee. Narita's most recent success resulted in her exposing an expert witness and significant disclosure failings. She has cemented a reputation as a barrister who can skilfully deal with the most difficult of disclosure cases. Her excellent track record, high success rate and commitment to fighting fearlessly for her client's best interests make her the leading choice in high profile disclosure cases. She regularly appears on Sky News and BBC news as a legal correspondent and is a regular author and contributor to legal journals. Don Ramble is a specialist prosecution barrister with 20 years' experience in the criminal courts. He has acted as disclosure counsel in some of the highest profile criminal trials in recent years, establishing himself as an expert in the field. His reputation and knowledge sees him called upon regularly to advise on disclosure issues in large and complex cases across the UK.

Strengthening Forensic Science in the United States

Strengthening Forensic Science in the United States
Author: National Research Council
Publisher: National Academies Press
Total Pages: 348
Release: 2009-07-29
Genre: Law
ISBN: 0309142393

Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

Expert evidence in criminal proceedings in England and Wales

Expert evidence in criminal proceedings in England and Wales
Author: Great Britain: Law Commission
Publisher: The Stationery Office
Total Pages: 224
Release: 2011-03-22
Genre: Law
ISBN: 9780102971170

This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.

Practical Mediation

Practical Mediation
Author: Jonathan Dingle
Publisher: Law Brief Publishing Limited
Total Pages: 307
Release: 2017
Genre: Law
ISBN: 9781911035350

This manual is intended to guide mediators, advocates, advisers, and students on the path to know and apply mediation skills, and to use the tools to internationally accepted standards. It provides a full knowledge of facilitation and evaluation, and acts as a course reference work for those studying mediation in many jurisdictions.

Getting the Full Picture on Public Officials

Getting the Full Picture on Public Officials
Author: Ivana Maria Rossi
Publisher: World Bank Publications
Total Pages: 172
Release: 2017-01-13
Genre: Business & Economics
ISBN: 1464809577

Financial disclosure systems are a vital component of transparency. By now 161 countries around the world have introduced financial disclosure systems, becoming commonplace around the world. But, although the rules are on the books, many practitioners are still struggling with the intricacies of the rules and how to implement them in the socioeconomic, historical, and legal context of their own country. Little guidance is available to assist them. This book aims to fill that void and provide practitioners with practical scenarios to consider before deciding on a particular course of action. This book contains short chapters that elaborate each topic and provide clear guidance on the issues that policy makers and those involved in the implementation of financial disclosure obligations will need to take into account before making a decision. How do you decide who should file? And how often? On-line or in hard copy? And what exactly? Everything they own directly—or also those apartments they own indirectly? How should information in declarations be checked? Should it be shared with public? How accessible should it be? This is the sort of practical guidance that this book aims to provide.

Disclosure in Criminal Proceedings

Disclosure in Criminal Proceedings
Author: John Niblett
Publisher: Blackstone Press
Total Pages: 356
Release: 1997
Genre: Law
ISBN:

This book deals not only with disclosure of the prosecution case matters relating to the character and credibility of prosecution witnesses, but includes a chapter on how disclosure is dealt with in other jurisdictions.

Digital Evidence and the U.S. Criminal Justice System

Digital Evidence and the U.S. Criminal Justice System
Author: Sean E. Goodison
Publisher:
Total Pages: 31
Release: 2015
Genre: Electronic books
ISBN:

This report describes the results of a National Institute of Justice (NIJ)-sponsored research effort to identify and prioritize criminal justice needs related to digital evidence collection, management, analysis, and use. With digital devices becoming ubiquitous, digital evidence is increasingly important to the investigation and prosecution of many types of crimes. These devices often contain information about crimes committed, movement of suspects, and criminal associates. However, there are significant challenges to successfully using digital evidence in prosecutions, including inexperience of patrol officers and detectives in preserving and collecting digital evidence, lack of familiarity with digital evidence on the part of court officials, and an overwhelming volume of work for digital evidence examiners. Through structured interaction with police digital forensic experts, prosecuting attorneys, a privacy advocate, and industry representatives, the effort identified and prioritized specific needs to improve utilization of digital evidence in criminal justice. Several top-tier needs emerged from the analysis, including education of prosecutors and judges regarding digital evidence opportunities and challenges; training for patrol officers and investigators to promote better collection and preservation of digital evidence; tools for detectives to triage analysis of digital evidence in the field; development of regional models to make digital evidence analysis capability available to small departments; and training to address concerns about maintaining the currency of training and technology available to digital forensic examiners.