Scenario for views/advice please - (expert legal opinion most welcome)
During a prosecution process, within the defence disclosure process, the
criminal record of the victim is passed to the defence solicitor. The
defence solicitor passes the paper copy of the criminal record of the victim
to the accused (alleged offender) who then starts to wave it around and
showing it to other persons.
Even recognising the issues of defence disclosure and solicitor client
relationship this situation does appear to be problematic.
Data protection act issues are clearly raised with regard to use and
disclosure by the accused but is it really necessary for an accused, at any
time, to be given a paper copy of the criminal record of the person they
have allegedly offended against? Or could the necessary defence disclosure
and rights of the accused by upheld by verbal disclosure, where necessary,
by the defence solicitor.
Ian W.
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