HM Advocate v AM and JM

Criminal evidence and procedure – Evidence of child witnesses – Disclosure/ inspection. High Court of Justiciary: Refusing an appeal by the Crown against a judge's decision, at a preliminary hearing, ordering disclosure by delivering copies of disc recordings of police and social work Joint Investigative Interviews (JIIs) of the complainers to the agents for the respondents, who faced charges of sexual abuse involving two younger boys, the court held that recordings of the JIIs were label productions in the case and at this stage the accused was entitled to see the labels, not as a result of the disclosure regime but in terms of the statute relative to the lists of productions: given that the labels were to be used as evidence in chief it was difficult to conceive of a situation in which the court would refuse an application to borrow them for a specified purpose (including copying), albeit perhaps subject to conditions, and the court had effectively granted that application

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