Ensuring a fair trial

For a practice that, by its nature, keeps things secret, the non-disclosure of evidence ahead of criminal trials has come in for a great deal of public scrutiny over the past month. First, Lord Coulsfield, the former High Court judge, recommended some three weeks ago that non-disclosure, as applied in Scotland, should be replaced by legislation that made Crown Office prosecutors legally bound to provide full information to defence lawyers in advance of a trial.