Abstract:
This article examines the amendments brought about by the Criminal Procedure (Miscellaneous Amendments) Act 2024 (Act 5 of 2024) and recent case law developments explaining the scope and timing of the Prosecution’s and Defence’s reciprocal disclosure obligations. The article also suggests implications for practitioners in discharging their obligations and advancing their cases, such as the incentive to set out the defence clearly and early to trigger the Prosecution’s disclosure obligations, the consequences of non-compliance and taking advantage of sentencing discounts under Sentencing Advisory Panel’s Guidelines on Reduction in Sentences for Guilty Pleas.