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13. R v DPP, ex parte BEANEY and KING, R v (1999) EWHC Admin 432 (14 May 1999)

The case of LEE was endorsed with the caveat that:

The prosecutor ought to make enquiries to see if there is other material that he ought to obtain and disclose, and

In response to focused questions showing relevancy, the prosecutor cannot say “I haven’t got it”.

It is crucial to bear in mind that the common law duty of disclosure is an aspect of the duty to ensure a fair trial, so it should not be confined to any particular stage of the proceedings or type of case.