Disclosure, Artificial Intelligence, and Modernising UK Criminal Justice: Will the Fisher Report Have Any Real Impact on Collapsed Trials and the Crumbling UK Justice System?

Apr 9, 2025

Ian Winter, a leading criminal silk with vast experience in complex criminal and fraud cases, joins a riveting discussion about the Fisher Report. They dive into how outdated prosecution disclosure practices are leading to miscarriages of justice in the UK. The conversation explores challenges faced by both prosecution and defense, and the potential of artificial intelligence to modernize these practices. The need for cultural shifts and better training within the legal system is emphasized to ensure justice, fairness, and transparency in an evolving digital landscape.

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INSIGHT

Disclosure Failures Cripple Trials

Prosecution disclosure failures cause trial collapses and wasted public money.\n- The key problem lies in timely and accurate secondary disclosure of material assisting the defense.

INSIGHT

Report Confirms Training Deficit

The Fisher Report is thorough with wide consultations across the criminal justice system.\n- It confirms the rules on disclosure are sound; the problem is their practical application and training deficits.

ADVICE

Leverage AI for Scheduling

Use AI to create an independent, objective schedule describing all case materials early on.\n- This would reduce adversarial conflicts and improve mutual understanding of disclosure obligations.

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What happens when the very foundation of criminal justice - the prosecution disclosure process to the defence - fails to meet modern demands?

This episode focuses on the Fisher Report, a groundbreaking review that addresses the critical issues surrounding prosecution disclosure in complex criminal trials, a key issue in the ongoing criminal justice crisis in the UK.

Ken Macdonald KC and Tim Owen KC are joined by Ian Winter KC , a leading criminal silk, and the conversation explores how too many miscarriages of justice should force reform of the UK Justice System, with particular focus on the challenges faced by both prosecution and defence in the UK legal system. The discussion highlights how outdated practices in prosecution disclosure contribute to delays and injustices, and how the recommendations made by Jonathan Fisher KC aim to address these issues.

They also discuss the role of AI in law in improving the disclosure process, a potential game-changer for the legal system. This exploration of AI in law speaks to broader issues of technology’s role in the criminal justice system and its intersection with human rights law, judicial independence, and the rule of law. This episode emphasises the need for better training and a cultural shift within the legal system to meet modern expectations of justice, fairness, and transparency.

From the importance of proportionality in disclosure to the challenges around redaction, this conversation highlights critical legal issues in Britain and how they relate to the evolving dynamics of politics and law. Double Jeopardy offers expert legal commentary on a high-profile legal case that could transform UK law and impact the way future criminal trials are handled.

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Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political future.

What happens when law and politics collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain’s legal and political system?

Get answers to questions like these weekly on Wednesdays at 6am GMT.

Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.

Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.

Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades. Both bring unparalleled experience from the frontline of Britain's legal and political landscape.

If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.