Abstract
The reviews of sanctions for defective disclosure in criminal cases in England and Wales in 2011 and 2012 represent a squandered opportunity to redress the inequality in terms of sanctions between prosecution and defence and, in particular, to strengthen sanctions for failings in investigative and prosecutorial disclosure. The continuing structural weaknesses in the disclosure regime in England and Wales require a more robust approach to both accidental and deliberate subversion of the provisions and this is impeded by an enduring adherence to the ‘rebalancing’ agenda of the original legislation.
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