Speech by Lord Justice Gross: Disclosure – Again

• The law is satisfactory; the application of the law is not
• Disclosure must be seen as integral to the criminal justice process – not as a tiresome add-on
• The police need an “investigative mindset”
• Terminology needs to change, differentiating where appropriate between “complainants” and “victims”, while treating all with respect
• There is no place for lingering fallacies
• Resources must be addressed
• Robust case management is and remains essential
• Technology created some of today’s problems; technology/ AI will very likely solve them but not imminently

Richards and Others [2015] EWCA Crim 1941
R v R [2016] 1 WLR 1872, [2015] EWCA Crim 1941, [2016] 1 Cr AppR 20