Disclosure in the digital age

• In ‘Disclosure in the Digital Age: Independent Review of Disclosure and Fraud Offences’, Jonathan Fisher KC concludes that the structure of the disclosure regime is sound, and that the ‘keys to the warehouse’ approach ought to be rejected.
• The government urgently needs to invest in training and resourcing so the system remains fit for purpose.

On 20 March 2025, Jonathan Fisher KC published Part 1 of the findings of his independent review of disclosure and fraud offences (the report), following the release of his preliminary findings in April 2024.

In the wake of recent high-profile disclosure failings which led to the collapse of several Serious Fraud Office (SFO) prosecutions, there were concerns about whether the current disclosure regime remained fit for purpose in a digital age, when complex cases often involve large volumes of data. As part of his wide-reaching review, Mr Fisher KC considered the appropriateness of both the ‘relevance test’ under the Criminal Procedure and Investigations