The Guinness Decision — Pure Genius?. The viability of the rules concerning the disclosure of ‘unused material’
| Pages | 211-216 |
| DOI | https://doi.org/10.1108/eb025622 |
| Published date | 01 March 1993 |
| Date | 01 March 1993 |
| Author | Michael Hems |
| Subject Matter | Accounting & finance |
The Guinness Decision — Pure Genius?
The viability of the rules concerning the disclosure of
'unused material'
Michael Hems
Michael Hems
is an inspector, serving with the Avon and
Somerset Constabulary. The views
contained in this article are the personal
views of the author and do not
necessarily represent the views of the
Avon and Somerset Constabulary.
ABSTRACT
It is argued that current rules and case law
on the disclosure of 'unused material' raise
serious issues relating to confidentiality and
have led to logistic problems for the police
and prosecution. This is especially true in
complex investigations, such as those for
fraud.
Not only is disquiet about full dis-
closure justified in the context of these
issues, but the submission of 'unused
material'
is also problematic, given the
adversarial system of justice in this country.
While the Royal Commission on Criminal
Justice has addressed these issues par-
tially, the system of disclosure proposed
largely maintains the adversarial system
and thus will still be subject to the difficul-
ties already encountered. Despite the pro-
posed institution of defence disclosure in
certain circumstances, it is argued that the
codes of practice for disclosure need to
address the logistical problems and confi-
dentiality. If they do not, the difficulties of
complying will remain.
The criminal justice system in England
and Wales is currently struggling to
ensure its credibility in the wake of mis-
carriages of justice, rising crime, falling
detection rates and low police morale. In
the face of all these difficulties the
people operating in the gateway to the
system, the police and other investiga-
tors,
are finding the growing number of
new rules and guidelines an ever-
increasing problem to assimilate into a
practical and workable system. In fact,
some have the appearance of being
hatched at the judicial equivalent of the
Mad Hatter's tea party. If Alice was con-
fused by the meaning of an unbirthday
it is as nothing compared to the dismay
of investigators when trying to ascertain
the true significance of the definition of
unused material.
CASE LAW
Since 1990, a working group, established
by the Director of Public Prosecutions
(DPP),
has been considering the issue of
'unused material'. As part of its remit,
the group has also been examining the
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