Part 6 of the Bill - Disclosure
Sections 85 to 116 in the Bill make provision concerning the disclosure of evidence in criminal proceedings.
It is a long established rule in the Scottish legal system that the Crown has an obligation to give the accused notice of the case against him, i.e. to tell him what charges he faces and what evidence the Crown intends to bring to prove the charges. Any exculpatory material should be identified and given/disclosed to the accused/defence, also.
It was clear that there were shortcomings in the current law and practice of disclosure, not least some uncertainty about the exact requirements of the duty of disclosure. Lord Coulsfield carried out a review on the law and practice of disclosure of evidence in the Scottish criminal justice system and recommended that disclosure would benefit from having a statutory framework.
The provisions in the Bill give effect to that recommendation, and others made, to provide a statutory platform for disclosure. This will have the benefit of:
- Clarifying the law and practice in disclosure in criminal proceedings;
- Removing any remaining uncertainty around the nature and extent of the Crown's duty;
- Ensuring that accused are provided with all of the information that they should be provided with and, therefore, receive a fair trial;
- Protecting sensitive information where disclosure to an accused would seriously prejudice an important public interest e.g. put an individual's life or safety at risk; and
- Ensuring that anyone that misuses disclosed information is robustly dealt with.