The Fisher Report

Disclosure in the Digital Age

National Learning Standards

Training observations within the review stress the need for improved and ongoing professional development for all those involved in disclosure processes. Fisher recommends enhanced and continual training to equip investigators, prosecutors, and defence teams to handle evidence and unused material effectively, thereby reducing the risk of error and injustice. Strengthening disclosure practice is positioned as essential to safeguarding fair trials and maintaining public confidence in the justice system.

He highlights the role of managers in the disclosure process as crucial for maintaining standards and ensuring compliance.

• There is a call for a shift in culture and the value placed on disclosure work, highlighting the importance of ongoing training and professional recognition.
• There is a need for better training and resources for disclosure issues across all parts of the criminal justice system because of frequent misunderstandings and errors by officers responsible for disclosure.
• Some officers lack clarity on whether the test for disclosure under the CPIA is objective or subjective, and there is uncertainty in applying criteria for redaction of personal data from unused material.
• Problems especially occur in magistrates’ courts, where lack of training has led to missed disclosure requirements, unnecessary adjournments, and case dismissals.
• Fisher recommends national disclosure learning standards for those who are, or are becoming, investigators or disclosure officers.
• He posits a tiered approach to training, with regular updating and ongoing training for those involved.

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