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Disclosure of non-disclosure of previous convictions to the defence in private prosecution proceedings.
Christopher John made this Freedom of Information request to Ministry of Justice
The request was successful.
From: Christopher John
13 May 2009
Dear Sir or Madam,
Could you provide details of any guidance or legislation in regards
to the requirements of disclosure (or non-disclosure) of the
previous convictions of witnesses in private prosecutions or
proceedings to the defence?
Yours faithfully,
Christopher John
From: BTU Correspondence
10 June 2009
Dear Mr. John,
Please find attached reply to your e-mail.
Yours sincerely,
Ministry of Justice
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Christopher John left an annotation (10 June 2009)
,
Thank you for your email of 13 May, about the disclosure in private prosecutions. This has been passed to the Better Trials Unit for a response.
You ask for details of guidance or legislation in regards to the requirements of disclosure (or non-disclosure) of the previous convictions of witnesses in private prosecutions or proceedings to the defence.
The law of disclosure in criminal proceedings applies to all prosecutions, including private prosecutions. Under the Criminal Procedure and Investigations Act 1996 previous convictions of prosecution witnesses must be disclosed to the defence if they satisfy the test of being reasonably capable of undermining the case for the prosecution against the accused, or assisting the case for the accused.
Crown Prosecution Service legal guidance on private prosecutions makes it clear that the Crown Court may grant a private prosecutor a witness summons to obtain material from the police to enable the prosecutor to comply with disclosure obligation to the defence. The full guidance is available at:
http://www.cps.gov.uk/legal/p_to_r/priva...
GUY WILSON
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