Disclosure in criminal proceedings a comparative study

Abstract

This thesis has three aims. Firstly, to provide a clear understanding of the importance of the duty on the prosecution to disclose all relevant evidence to the defence prior to trial subject to the exception that any relevant evidence should be withheld if disclosing it would interfere with the course of justice. This is done with reference to the nature and goal of criminal justice and by providing a detailed examination of the law on disclosure in foreign jurisdictions and of the principles advanced by the European Court of Human Rights. This examination will set the stage for the discussion of the law on disclosure in Malta. Secondly, to provide a detailed discussion of the law on disclosure in Malta by closely examining the investigation process and the laws which relate to disclosure. The analysis seeks to identify the imperfections of our criminal procedure in relation to disclosure when compared with the principles advanced by the European Court. The analysis is supplemented by making contrast to the position in England and Wales, Canada and Italy. Finally, to discuss the way forward. A proposal for a more adequate and comprehensive disclosure regime is made. It is hoped that legislation introduces the necessary reforms to the disclosure regime.