The Fisher Review: What It Means for Disclosure Practice
The Fisher Review is the most significant examination of the disclosure regime since the CPIA came into force in 1996 — and its findings apply directly to every local authority investigator. Published in March 2025, Jonathan Fisher KC's Independent Review of Disclosure makes 45 recommendations aimed at modernising criminal disclosure. They are not confined to serious fraud or Crown Court cases: they reach every investigator bound by the CPIA.
The six areas every investigator should act on
1. Digital material
Body-worn video, phone downloads, CCTV, email and social media now appear in routine cases. Have a documented plan for managing digital material from the outset of every investigation. Annex A of the Attorney General's guidelines set out how you should be managing Digital Material.
2. Scheduling
The review supports metadata-based scheduling for high-volume digital cases, reducing manual item-by-item descriptions. Review your case management processes now.
3. Prosecutor engagement
Fisher KC recommended pre-charge discussion with your prosecutor on every case, to agree the disclosure approach and reasonable lines of inquiry before charge.
4. Training standards
The review calls for national Bronze, Silver and Gold disclosure learning standards and a Senior Disclosure Officer accreditation pathway. Audit your team's current training against that direction of travel.
5. Redaction
Investigators are carrying out significantly more pre-charge redaction than is legally required. Revisit your practice — Home Office guidance is expected in 2026.
6. Technology and AI
The CPIA Code of Practice is expected to be updated to permit technology to discharge disclosure duties. Begin reviewing what tools your authority currently uses.
Action points
• Review your disclosure policy and scheduling approach
• Establish pre-charge prosecutor engagement as standard practice
• Audit disclosure training across your team
• Revisit redaction practice ahead of expected Home Office guidance
• Monitor the government response to the Fisher Review through 2026
Training that covers this
BDG's CPIA Disclosure Training covers the current statutory framework, the AG's Guidelines 2024 and the direction set by the Fisher Review — delivered in-house and tailored to your authority's case types. Email info@bdgtrainingconsultancy.co.uk.
This article is adapted from the BDG Investigator Bulletin, Edition 1 (April 2026). Download the full edition free — and subscribe to receive each monthly edition by email.
This article is provided for professional development purposes and does not constitute legal advice.
Comments