10 February 2020

Defending You : Due Process and Disclosure

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The justice system in England and Wales is adversarial meaning that during trials it is all about a fight for the proof and not a fight for the truth.

In criminal cases, the onus is on the prosecution to prove their case beyond all reasonable doubt and in civil matters, the burden is slightly lower as based upon the balance of probabilities.

Every case needs to comply with a due process which means that the prosecution needs to abide by a set of legal rules to ensure that the evidence has been gained fairly and lawfully to make it admissible in the courts.

The unique strength of The Crime Unit of Connaught Law is that it has former senior police officers from New Scotland Yard in charge. They have decades of experience in leading investigations, collecting evidence and ultimately taking cases through criminal trials at court.

It is this experience and knowledge that matches the professional capability of law enforcement agencies, including the police. Our people know the criminal justice system equally well and use their experience to require proper disclosure of each and every step of the investigation by fully utilising the Criminal Procedure and Investigations Act 1996 (Part 2) which sets out how police officers are to record, retain and reveal to the prosecutor material obtained in a criminal investigation.

The police have an onus to investigate fully, fairly and ultimately undertake an investigation for a search of the truth. Our team have deep experience of how the police investigate crimes and we ensure that all the right questions are asked to enable a fair, transparent and balanced investigation takes place.

The Crime Unit has already dealt with numerous cases which have either resulted in no further action being taken by the police or charges being amended to lower and more appropriate categories. When cases ultimately go before the courts the Crime Unit ensures that written briefs to Counsel are well prepared, identify and clearly set out facts in issues, analysis of the evidence and a defence plan. They have received highly complimentary feedback from Barristers as to the quality of their work.

This all ensures our team fights the best case for you, ensures all your rights and stay by your side ultimately leading to equality of arms within the justice system.


The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.

About the Author

A talented and dedicated public relations professional, Riaz, has more than 14 years of experience helping organisations communicate more effectively. He has developed strategic communications plans garnered extensive media coverage, produced marketing materials coordinated special events, and hosted other communications activities.

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