Disclosure

Complainants in sexual assault cases will no longer be able to waive their right to a pre-trial disclosure hearing under reforms proposed by the government. The general scheme of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025 sets out proposals aimed at ensuring that counselling

The Supreme Court has delivered a judgment concerning the rights of victims in proceedings for sexual offences and the impact of the non-disclosure of a particular counselling record on the safety of the appellant’s conviction for sexual assault on a child. Delivering judgment for the Supreme

The High Court has refused to direct discovery of a Garda investigation file concerning the sexual abuse of the plaintiff by a priest where the Norwich Pharmacal necessity requirement had not been satisfied. Delivering judgment for the High Court, Mr Justice Liam Kennedy stated: “I have no dou

William Fry partner Paul Convery and senior associates Adele Hall and Joanne Ryan welcome clarity around the Court of Appeal's jurisdiction to grant Norwich Pharmacal orders. We have previously written about the Norwich Pharmacal order (NPO), which compels a party to disclose information to a plaint

Lawyers will only receive legal aid payments for large volumes of disclosure where it has been sanctioned in advance under a new procedure put in place by the Department of Justice. The amount of evidence being disclosed in criminal cases has increased dramatically in recent years due to the growing

The long-awaited review of protections for vulnerable witnesses in the investigation and prosecution of sexual offences has backed proposals for anonymity to be extended to defendants in all sexual assault trials, as well as greater supports for complainants. The review, chaired by Tom O’Malle

Ireland faces a looming disclosure crisis on par with jurisdictions like England and Wales due to the growing volume of digital evidence and limited resources, a leading criminal barrister has warned. Speaking yesterday at an Irish Legal News webinar on access to justice, Jane McGowan BL, outgoing c

Failures to disclose evidence to defence lawyers have resulted in the number of collapsed criminal cases almost doubling in four years, The Times reports. Figures obtained from the Crown Prosecution Service show that, on average, about two cases were dropped per day last year as a result of delays i

The Supreme Court has overturned a finding that a significant proportion of discovery sought by a man in personal injury proceedings against the Minister for Defence was premature. Finding that the State had failed to discharge its onus to demonstrate that alternative procedural measures could achie

A judge of the High Court has challenged the Director of Public Prosecutions to take steps to address the "last minute" disclosure of records for upcoming rape and murder trials. Speaking in the Central Criminal Court during management of the trial list on Monday, Mr Justice Paul McDermott criticise

The Police Ombudsman for Northern Ireland (PONI) has called on the Department of Justice to launch a review into police failures to disclose "significant" evidence related to legacy cases to the watchdog. Dr Michael Maguire said his investigators had identified significant, sensitive information, so