Disclosure in Scottish criminal procedure: another step in an inquisitorial direction?

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Abstract

This article describes the recent development of a common law doctrine of disclosure in Scottish criminal procedure when, as little as 10 years ago, the prosecution had no legal duty to disclose any information to the defence prior to trial. Further, it is argued that this transformation has the potential to move the Scottish criminal justice system further from its adversarial base towards a more inquisitorial model.
Original languageEnglish
Pages (from-to)153-180
Number of pages28
JournalInternational Journal of Evidence and Proof
Volume11
Issue number3
DOIs
Publication statusPublished - 1 Jul 2007

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