ABSTRACT
In this chapter the goal and nature of criminal justice as a first principle-and not as a ‘joined up’ system, as in the case of the Criminal Justice System-is discussed. It is beyond dispute that one aspect of the administration of justice is a fair trial. It is demonstrated below that disclosure by the prosecution to the defence is an important part of a fair trial. Historically, the decision as to the amount of information that would be disclosed and when disclosure would occur was a matter of discretion in the prosecution. It is instructive, therefore, to discuss the guidance provided by the courts as to the manner in which the discretion was to be exercised. The police have an important role in the criminal process and criminal justice. They serve as the investigators of crime and prepare the case papers for use by the prosecution. The role of the police is discussed in greater depth below. History demonstrates that when the police and prosecution do not properly complete their tasks in relation to investigation and disclosure, wrongful convictions can result. Some case examples are provided.
