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Since the cases of Holland and Sinclair the Crown in Scotland has been obliged to disclose all relevant and material evidence to the defence. This duty arises from Article 6 of the European Convention on Human Rights which enshrines the right to a fair trial, which includes the principle of equality of arms between the Crown and the defence. To ensure that the Crown can comply with its disclosure obligations, all agencies who report cases to the Crown must comply with obligations to disclose relevant and material information to the Crown. |