Disclosure
In law, disclosure refers to the process where parties in a legal case are required to reveal relevant information to each other.
This usually involves providing copies of or access to documents that could either undermine their own case or support the opposing party's case. The aim is to ensure fairness and transparency by ensuring all parties have access to the relevant information needed to make informed decisions about their cases.
The PSNI and PPS are leading on work to implement the Gillen recommendations in this area in order to improve disclosure procedures. Under the Disclosure Improvement Plan, improved training has been delivered to prosecutors and police officers and new file standards have been agreed. As a result of work on file standards, the volume of prosecution files being returned to PSNI as a result of failing requirements has dropped from an average of almost 78% in 2020 to 11% in 2024.
New legislation to improve the Disclosure process
The Victims & Witnesses of Crime Bill, which was introduced to the Assembly on 22 June 2026, will further enhance the protection of complainants’ personal information in the third-party material disclosure process. This includes records such as education, medical and counselling notes.
Complainants will be notified when applications are made, be able to seek free independent legal advice on their rights and to attend the hearing to make representations to the court.
The Bill will also introduce legislation to enable SOLAs to provide in-court representation at pre-trial hearings of applications by defence to introduce evidence of the complainant’s previous sexual history at trial and for disclosure of the complainant’s personal information held by third parties.