The Right to a Fair Trial: Inadequate Disclosure and an Inadequate Response

This chapter critically examines the evolution, function, and persistent failings of the disclosure regime in the criminal justice system of England and Wales. It contends that a system once rooted in adversarial principles has been increasingly reshaped by managerialism and a drive for procedural efficiency, with disclosure transformed from a safeguard of the accused’s rights into a tool for trial management. Tracing the statutory developments from the Criminal Justice Act 1967 through to the Criminal Procedure and Investigations Act 1996 and subsequent reforms, the chapter explores how defence disclosure obligations have expanded and adversarial protections have eroded. Drawing on empirical evidence, including thematic reviews and scholarly critique, it reveals a pattern of systemic non-compliance and operational dysfunction. High-profile miscarriages of justice, such as those involving Liam Allan and the Post Office Horizon scandal, underscore the devastating consequences of disclosure failings. The chapter further exposes the inadequacy of current sanctions, noting judicial reluctance to enforce meaningful penalties and the ineffectiveness of internal deterrents within prosecution services. The chapter concludes that disclosure failures are not isolated lapses but emblematic of a justice system that has deprioritised fairness in favour of administrative expediency. It calls for a radical recalibration of criminal procedure, urging the re-centring of fair trial rights through enforceable sanctions, institutional accountability, and a rejection of reforms driven solely by economic rationale. In doing so, the chapter reinforces the wider themes of this volume — that citizen rights must not be subordinated to the state’s convenience.