Re-evaluating post-conviction disclosure: A case for ‘better late than never’

This article contends that the legal position regarding the scope of post-conviction disclosure duties ought to be revisited. First, it will discuss the leading Supreme Court case on this issue Nunn v Chief Constable of Suffolk Police and will argue that the decision warrants reconsideration as it is grounded in flawed assumptions that cannot be sustained. Second, it will make the case for strengthening the rights of defendants to access material post-trial, particularly in a climate of austerity where more defendants are relying on university projects and other charitable organisations to assist them in appealing against their conviction. Third, the article will suggest that consideration is given to proposals in an ‘Open Justice Charter’ to promote fairness and transparency in the criminal justice system and, furthermore, will suggest that an independent disclosure agency ought to be established to deal with criminal disclosure issues pre and post-trial