The Court of Appeal (Criminal Division) handed down judgement in the matter of R v RF [2009] EWCA Crim 678 on 8th July 2009. The case considered the Crown’s general duty of disclosure in relation to criminal proceedings and overseas material.

In conducting an investigation the investigator or prosecutor should pursue all reasonable lines of enquiry in relation to material that may be held overseas.

Following the case of R v Alibhai [2004] EWCA Crim 681 the prosecutor is not under an absolute obligation to seek disclosure of the material. If relevant material is discovered the Crown must take all reasonable steps to obtain it. What is reasonable in each case will depend on the particular circumstances. If material does not weaken the prosecution case or strengthen the defence case, there is no requirement to disclose it; R v H [2004] UKHL 3.

Where the investigating authority or prosecutor are allowed to examine material in a foreign state but are not allowed to take copies or notes, the position must clearly be set out in writing. In the present case the Court held that there was no breach by the Crown of its obligations of disclosure, despite the failure to record and explain steps taken in relation to foreign material that was examined.