Defence disclosure in criminal proceedings—defence statements and defence witness notices

Produced in partnership with Eleanor Fox of 2 Hare Court and Daniel Mullin of 2 Hare Court

Practice notes

Defence disclosure in criminal proceedings—defence statements and defence witness notices

Produced in partnership with Eleanor Fox of 2 Hare Court and Daniel Mullin of 2 Hare Court

Practice notes

The Criminal Procedure and Investigations Act 1996 (CPIA 1996) sets out the Disclosure duties of both the prosecution and the Defendant in criminal proceedings. For information on prosecution disclosure obligations, see Practice Notes: The service of prosecution evidence and Obtaining disclosure of unused evidence.

Although deemed the ‘defence Duty of disclosure’, this does not hold the same meaning as the prosecution duty of disclosure under CPIA 1996. It refers to the revelation of the defence case that will be presented at trial and does not apply to material gathered by the defence that will not be utilised during the trial.

Provisions for the ‘defence statement’ of the accused are contained in CPIA 1996.

Note that certain criminal cases are managed via Common Platform (the digital case management system for the magistrates’ court). In these instances, case material, including defence statements, witness statements and notices, will be served online through Common Platform. In Crown Court proceedings, cases are managed and documents are

Eleanor Fox

Barrister, 2 Hare Court

Eleanor’s practice encompasses criminal defence and prosecution, professional discipline, inquests, and health and safety.

She is regularly instructed in serious, multi-handed matters before the Crown Court. As a led junior, she recently represented a defendant in a sophisticated, multi-kilo Encrochat drugs conspiracy, who was acquitted at the close of the prosecution case see here.

As sole counsel, Eleanor acts frequently for those charged with “county lines” drugs supply offences, including Modern Slavery Act offences. She recently represented a defendant who was acquitted of modern slavery offences at the close of the prosecution case see here. She has particular experience of cross-examining expert witnesses in the areas of cell site and telecommunications.

Eleanor is often instructed in sensitive cases involving vulnerable witnesses and defendants, including youths. She recently represented a defendant in a complex case involving historic sexual offences against two children, and is regularly instructed in cases involving domestic violence, sexual abuse and stalking. She has particular experience of the issues that typically arise in these cases, which enable her to be tactically effective and to present the best possible case for her client at trial.

Prior to commencing her career at the Bar, Eleanor worked as a research analyst at Morgan Stanley, where she gained an understanding of the financial industry. This experience assists her in preparing and presenting paper-heavy criminal cases.

Eleanor is currently seconded to the Attorney General’s office in Jersey, where she is providing pre-charge advice in respect of numerous criminal investigations.

Daniel Mullin

Barrister, 2 Hare Court

Daniel undertakes work in criminal, regulatory, and civil law.

He regularly represents defendants in the Crown Court, Magistrates’ Court, and professional tribunals. Daniel is currently seconded to the Law Officers’ Department in Jersey where he will provide advice on asset restraint as part of investigations into international financial crime.

Daniel is currently instructed in a number of civil cases, including breaches of contract in the county court. He is a ‘junior junior’ in an action against a government department where the damages claimed exceed £700 million.

In regulatory law, Daniel regularly appears before disciplinary tribunals. Daniel is instructed alone to prosecute a case in the Crown Court on behalf of the Insolvency Service for breaches of the Companies Act and fraud arising from abuses of the Covid Bounce Back Loan scheme. He also works regularly on cases brought by and against local authorities.

Before coming to the Bar, Daniel worked in the corporate and commercial sector. He worked in the City of London, and in the Channel Islands, providing research and advice on regulatory and corporate law to multinational businesses.

Eleanor is currently seconded to the Attorney General’s office in Jersey, where she is providing pre-charge advice in respect of numerous criminal investigations.

Jurisdiction(s):

United Kingdom

Key definition:

Disclosure definition

What does Disclosure mean?

Disclosure of a document occurs by a party stating that it exists or has existed.

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