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It explains the importance of disclosure to ensure fair trials and prevent miscarriages of justice, and clarifies roles for prosecution, defence, courts, and disclosure officers. The protocol also describes case management expectations and addresses consequences where parties fail to meet disclosure obligations, including grounds for non-disclosure in the public interest.",{"@graph":63,"@context":118},[64,80,101],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/judicial-protocol-on-the-disclosure-of-unused-material-in-criminal-cases-december-2013/306386/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/judicial-protocol-on-the-disclosure-of-unused-material-in-criminal-cases-december-2013/306386.png","ImageObject",442,249,{"name":88,"@type":89},"Aldword","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-19","2026-09-19",true,{"@type":98,"interactionType":99,"userInteractionCount":79},"InteractionCounter",{"@type":100},"ViewAction",{"@type":102,"mainEntity":103},"FAQPage",[104,110,114],{"name":105,"@type":106,"acceptedAnswer":107},"What is the purpose of the protocol on disclosure of unused material?","Question",{"text":108,"@type":109},"It provides guidance on principles and procedures for disclosure of unused prosecution material so that criminal trials remain fair and miscarriages of justice are avoided.","Answer",{"name":111,"@type":106,"acceptedAnswer":112},"Which courts in England and Wales does the protocol apply to?",{"text":113,"@type":109},"It applies to all criminal courts in England and Wales, including the Crown Court and the magistrates’ courts.",{"name":115,"@type":106,"acceptedAnswer":116},"What happens when disclosure obligations are not complied with?",{"text":117,"@type":109},"The protocol sets out the consequences where the prosecution or defence fails to comply with its disclosure obligations and links these failures to the risk of unfair trials.","https://schema.org",{"og:url":78,"og:type":120,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":122,"canonical":78},"index,follow",{"doc_id":124,"site_id":56},306386,1790584280,{"code":4,"msg":5,"data":127},{"doc_id":124,"user_id":128,"nickname":88,"user_avatar":129,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":130,"file_id":131,"file_url":132,"file_type":133,"file_size":134,"view_count":79,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":35,"language":135,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":136,"faqs":137,"seo_title":138,"seo_description":61,"update_tm":139,"read_time":140},2336478940917,"https://ap-avatar.wpscdn.com/davatar_6f874abed73319feea01a86fa6f0fab8","Judicial Protocol on the Disclosure of Unused Material in Criminal Cases  \nDecember 2013  \n Judicial Protocol on the Disclosure of Unused Material in Criminal Cases   Contents   \nContents  \nForeword 3  \n\n| Introduction | 4 |\n| --- | --- |\n| The importance of disclosure for fair trials | 5 |\n| Disclosure of unused material in criminal cases | 6 |\n| Listing | 10 |\n| Magistrates’ Courts (including the Youth Court) | 10 |\n| Large and complex cases in the Crown Court | 12 |\n| Material held by Third Parties | 13 |\n| International matters | 15 |\n| Applications for Non-Disclosure in the Public Interest | 15 |\n| Conclusion | 17 |\n\nJudicial Protocol on the Disclosure of Unused Material in Criminal Cases   Foreword   \nForeword  \nWe are pleased to publish a revised judicial protocol and revised guidance on the disclosure of unused material in criminal cases. Proper disclosure of unused material, made through a rigorous and carefully considered application of the law, remains a crucial part of a fair trial, and essential to avoiding miscarriages of justice. These new documents are intended to clarify the procedures to be followed and to encourage the active participation of all parties.  \nThey have been prepared following the recommendations of Lord Justice Gross in his September 2011 ‘Review of Disclosure in Criminal Proceedings’ and take account of Lord Justice Gross and Lord Justice Treacy’s ‘Further review of disclosure in criminal proceedings:  \nsanctions for disclosure failure’, published in November 2012.  \nThere are important roles for the prosecution, the defence and the court in ensuring that disclosure is conducted properly, including on the part of the investigating, case progression and disclosure officers, as well as the lawyers and advocates. Lord Justice Gross particularly recommended that the guidance on disclosure of unused material in criminal cases should be consolidated and abbreviated. Given all of those involved in this process have separate constitutional roles, the judiciary and the Attorney-General have worked together to produce complementary guidance that is shorter than the previous iterations, but remains comprehensive. The two documents are similarly structured for  \nease of reference and should be read together.  \nThe Rt. Hon. The Lord Thomas Lord Chief Justice of England and Wales  \nThe Rt. Hon. Dominic Grieve QC MP Attorney General  \n Introduction   \nJudicial Protocol on the Disclosure of Unused Material in Criminal Cases  \nIntroduction  \nThis protocol is prescribed for use by CPD IV Disclosure 22A: Disclosure of Unused Material. It is applicable in all the criminal courts of England and Wales, including the Crown Court, the Court Martial1 and the magistrates’ courts. It replaces the previous judicial document ‘Disclosure: a Protocol for the Control and Management of Unused Material in the Crown Court’2 and it also replaces section 4 ‘Disclosure’ of the Lord Chief Justice’s Protocol on the Control and Management of Heavy Fraud and Other Complex Criminal Cases, dated 22 March 2005.3  \nThis protocol is intended to provide a central source of guidance for the judiciary, although that produced by the Attorney General also requires attention.  \nIn summary, this judicial protocol sets out the principles to be applied to, and the importance of, disclosure; the expectations of the court and its role in disclosure, in particular in relation to case management; and the consequences if there is a failure by the prosecution or defence to comply with their obligations.  \nReaders should note that a review of disclosure in the magistrates’ courts is currently being undertaken by HHJ Kinch QC and the Chief Magistrate, on behalf of Lord Justice Gross, the Senior Presiding Judge. Amendments may therefore be made following the recommendations of that review, and in accordance with other forthcoming changes to the criminal justice system.  \n1 The timetables given here may vary in the Court Martial and reference should be made","cbCaimVn7cieZgQb","https://ap.wps.com/l/cbCaimVn7cieZgQb","pdf",348281,"English","# Contents\n## Foreword\n## Introduction\n## The importance of disclosure for fair trials\n## Disclosure of unused material in criminal cases\n## Listing\n## Magistrates’ Courts (including the Youth Court)\n## Large and complex cases in the Crown Court\n## Material held by Third Parties\n## International matters\n## Applications for Non-Disclosure in the Public Interest\n## Conclusion","[{\"question\":\"What is the purpose of the protocol on disclosure of unused material?\",\"answer\":\"It provides guidance on principles and procedures for disclosure of unused prosecution material so that criminal trials remain fair and miscarriages of justice are avoided.\"},{\"question\":\"Which courts in England and Wales does the protocol apply to?\",\"answer\":\"It applies to all criminal courts in England and Wales, including the Crown Court and the magistrates’ courts.\"},{\"question\":\"What happens when disclosure obligations are not complied with?\",\"answer\":\"The protocol sets out the consequences where the prosecution or defence fails to comply with its disclosure obligations and links these failures to the risk of unfair trials.\"}]","Judicial Protocol on the Disclosure of Unused Material in Criminal Cases - December 2013 | PDF",1789835923,6]