Disclosure (prosecution disclosure)

The prosecution's duty to share evidence with the defence, including unused material that could undermine its case or help yours.

Disclosure is the process of sharing material in a criminal case. The prosecution must serve the evidence it relies on. Under the Criminal Procedure and Investigations Act 1996, it must also disclose unused material, gathered during the investigation but not relied on, that might reasonably be considered capable of undermining the prosecution case or assisting the defence. This duty continues throughout the case. In the Crown Court the defence must serve a defence statement setting out the defence and the issues in dispute; in the magistrates' court this is optional. Failures in disclosure can lead to cases being stopped or convictions being overturned. The word is also used for the more limited information police give a suspect's solicitor before a police interview. More detailed guidance is in the Attorney General's Guidelines on Disclosure and the CPS Disclosure Manual.

Checked as at 25 September 2026. General information only, not legal advice.