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04 November 2010 / John Cooper KC
Issue: 7440 / Categories: Opinion , Procedure & practice , Profession
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Third party season

So you think that the criminal justice system and crown courts have little to do with you? Maybe you should think again...

John Cooper QC reports on the growth of the third party summons

So you think that the criminal justice system and crown courts have little to do with you? Maybe you should think again, because in any criminal trial at any court centre, whether the allegations are fraud, murder, rape or robbery a company or private individual who thinks they have nothing to do with the proceedings could find themselves spending time and money in preparation for an appearance in a criminal trial as a witness.

I am, of course, referring to the Third Party Disclosure Regime in the criminal courts. It has been with us for some time, but in this interactive age, it has never been more vibrant.

As a matter of law, where it is sought to obtain material from third parties, upon whom there is no prior duty of disclosure, a defendant or indeed the Crown may obtain a summons under the Criminal Procedure (Attendance

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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