Modernising disclosure in criminal cases

Today (15 July 2026) the Government published a response to recommendations set out within two reviews conducted by Sir Brian Leveson, and Jonathan Fisher KC. These reviews considered how to reduce the backlog in the Criminal Justice System and how to update disclosure in complex fraud cases respectively. 

As a result of these reviews the Government has adopted a number of policies which have become quite prevalent throughout the news cycle - one of the most dividing being an end to the right to trial by jury as we currently know it. 

However, the current review looks at recommendations from both reports and sets out the direction the Government is intending to move in when it comes to the important subject of disclosure. 

Disclosure in criminal cases is all important to ensure that defendants receive a ‘fair trial’ and is governed by the Criminal Procedure and Investigations Act 1996. 

In basic terms, the Crown Prosecution Service, in conjunction with the police and other investigatory agencies, have a duty to serve upon the defence any material they have gathered through the course of their investigation which is capable of either supporting the defendant's case or undermining the case of the prosecution. This typically involves the production of a schedule of this material and requests for further disclosure back and forth between parties pre-trial. 

The response published today highlights several sweeping reforms to attempt to modernise this process. This is in part due to the growing volume and complexity of digital evidence which is quite normal in many trials. 

The central theme of the response revolves around increased use of technology and artificial intelligence to support disclosure. The Government will introduce technology assisted identification, review and scheduling of material. This will also be subject to human oversight to ensure the right to a fair trial is not impinged upon. There is a question mark as to whether this will actually save time and reduce backlogs when all work will need to be reviewed regardless of the origin of its production. 

The paper also refers to the creation of a cross-agency protocol which will govern the ethical use of AI in disclosure and criminal investigations more widely. This will be contributed to by members of the CPS, defence lawyers and judiciary. 

In the most complex and disclosure heavy cases, an ‘Intensive Disclosure Regime’ is being piloted. This regime would allow for heavier judicial involvement from initial Crown Court hearing and ensure disclosure issues are dealt with promptly, with the intention to avoid last minute issues derailing trials. 

Within the response there are several proposed amendments to the Criminal Procedure Rules, introducing more responsibilities for early disclosure management. 

Overall, the response clearly signals a shift in attitude found more widely across the Criminal Justice System, towards technological assistance and the introduction of AI to reduce delay and improve efficiency whilst maintaining public trust in the fairness of proceedings. 

If any of these matters prompt queries, please feel free to contact the Crime Team at Stone King.