The amount of evidence being disclosed in criminal cases has increased dramatically in recent years due to the growing volume of digital evidence from smartphones and social media platforms.

The new procedure follows consultations between the Department of Justice and both the Law Society and the Bar Council aimed at finding “a workable procedure that reflects the reality on the ground while simultaneously managing the tight budget for criminal legal aid”.

Under the procedure, payment will only be made for review of disclosure that has received prior sanction. Prior sanction applications require an estimate of how much disclosure will be involved, the nature of it, the likely costs and who will be doing what.

The instructing solicitor on the case is responsible for the application for prior sanction and the collation and submission of the pay claim on behalf of all parties.

The procedure only applies to criminal cases involving a significant volume of disclosure, as judged by the Department in consultation with the Office of the Director of Public Prosecutions. Review of disclosure which is not deemed significant is considered to be covered by the brief fee.

The Law Society said the procedure and claim forms will be available from the Department’s website from 27 September 2021, but can also be requested from the Department’s criminal legal aid unit in advance. It comes into immediate effect and will apply to all new and existing cases.