A Missed Opportunity? The Importance Of Disclosure In Criminal Proceedings

Disclosure is a key aspect of any criminal proceedings. As in all criminal proceedings, there is the presumption of innocence; the burden of proving the case is on the prosecuting body and disclosure is a vital part of this process.

In this article, we consider how the instruction of a specialist criminal lawyer at the outset of a criminal investigation will benefit both the policyholder and their insurer by enabling early access to information relevant to issues of liability, quantum and causation which will assist the insurer on strategy and crucially ensure minimal financial impact.

Importance of early legal instruction

Instruction of a criminal lawyer as a matter of priority is crucial, enabling contact to be made with the regulator from the outset. This will allow the lawyer to:

control the information which is provided to the regulator and push the regulator for as much information as possible to feed back to the insurer; and identify relevant witnesses at the earliest opportunity and allow the insurer to maintain contact with these witnesses throughout the civil matter ensuring that they are available to attend trial if required. For example, in serious road traffic cases where there is limited information on the injured party the lawyer can obtain pertinent information as to their condition, which allows the insurer to consider an early offer of rehabilitation to maximise recovery and any NHS charges due to hospital admission.

During the investigation undertaken by a regulator, a...