The issue of disclosure is a particularly difficult one in cases which involve vulnerable witnesses. ' Third party' disclosure may be relevant in terms of counselling notes, HSE records etc. Irish law has always maintained that there is no third party disclosure in criminal proceedings and yet relevant applications for such disclosure have been made as these records may contain information that is probative in terms of the evidence. If made at a late stage, this can cause significant problems for the trial and for all personnel involved. 

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s. 19A Criminal Evidence Act 1992 now contains a legislative provision for limited third party disclosure in terms of sexual offences and counselling notes. It remains to be seen how this will work in practice. 

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For information regarding the issues surrounding disclosure involving vulnerable witnesses, please click on the ​link to the article below. 

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