Irish Law Reform Commission Issues Paper on Disclosure and Discovery in Criminal Cases

The Law Reform Commission of Ireland last week released an Issues Paper on Disclosure and Discovery in Criminal Cases.

The Commission is seeking input on four related issues:

1. The scope of the prosecution duty of disclosure
2. The possibility of discovery in criminal cases
3. The possibility of a procedure to provide the accused access to materials in the possession of third parties - the issue may arise in sexual offence cases where the accused seeks access to therapeutic records held by a third party who has treated or advised a potential witness. This involves the competing rights of the accused to a fair trial and the confidentiality rights of third parties and their patients or client
4. The interests of various parties in criminal proceedings, including claims to privilege 

As the document explains:

"The purpose of an Issues Paper is to provide a summary or outline of a project on which the Commission is embarking or on which work is already underway, and to provide readers with an opportunity to express views and to make suggestions and comments on specific questions. The Issues Papers are circulated to members of the legal professions and to other professional groups who are likely to have a particular interest in, or specialist knowledge of, the relevant topic."