The culture of non-disclosure and miscarriages of justice

Abstract

This article considers key non-disclosure cases in the United Kingdom and Australia and the potential for prosecution disclosure failings to lead to miscarriages of justice. The authors discuss disclosure obligations in the context of the police–prosecution relationship and aspects of police culture that may facilitate practices of non-disclosure. They note that cultures of non-disclosure can place unfair practical burdens on the defence to ensure that disclosure duties are met by the prosecution. The authors call for cultural reforms prioritising disclosure as justice rather than process.