RE law of disclosure30 Jun 2019 13:42
Remember a shrewd defence team can use the law of disclosure to gain access to unused material – material gathered by the SFO which does not support its case. Only by being represented by solicitors with experience and expertise in this field can over-zealous SFO investigators be stopped in their tracks.Optimising the disclosure regime to the defence’s advantage may, alongside proper representations and/or arguments, lead to the criminal investigation remaining just that – an investigation, and not a charge. If the defence can use its available resources and expertise to cast doubt on the validity of the case, it may be that the SFO abandons it due to the lack of a realistic prospect of conviction.But even if a case does go to trial, the challenges that were voiced pre-trial can still be used in litigation to, once again, cast doubt on the SFO’s assumptions of guilt. The calling of expert witnesses, if used correctly, can also be a tactic that damages the SFO’s case.