ABSTRACT
Non-disclosure of exculpatory evidence is ‘a potent source of injustice.’ Cultural issue sustains the problem: specifically, adversarial culture within policing. This chapter argues that adversarial culture is part of the fabric of policing in E&W and has the scope to interfere with proper disclosure practice. It explores the hypothesis first by providing an overview of the ‘disclosure problem’ and the issue of culture; second, by examining the ‘conflicted role’ of the police within an adversarial criminal justice system; third, by conceptualising disclosure as an ethical ‘dilemma’, which officers are required to resolve in their day-to-day practice; fourth, by considering factors which may influence officer resolution of this dilemma; and finally, by discussing the importance of changing culture and how this might be approached.
