Martin Partington: Spotlight on the Justice System

In July 2017, the Inspectorates of the Crown Prosecution Service and Constabulary published a very critical report on the failure of police and prosecution services to apply the rules relating to the disclosure of evidence held by police/prosecutors to defence teams. (I noted the report here in November 2017).

Since then, it seems that the issue of the failure of the police and prosecution to disclose evidence to defence lawyers which might undermine or weaken the prosecution case has received almost daily attention in the mass media. A number of well publicised cases have emerged in which those accused of serious crimes (in particular rape) have found out only at a late stage that evidence which undermines the case against them is available.

A number of reasons have been advanced for these failures. For example, it is argued that the current law was put in place before the arrival of mobile phones and the vast amounts of electronic data that is generated on phones and tablet.

It is also argued that police and prosecutors lack the resources to comb through all this information to see what might by relevant.

This is an extremely serious issue which goes to the heart of the criminal justice system. People must feel that the system is fair and that those who run it are complying with the rules.

Clearly both the police and CPS are taking this issue seriously. The first tangible step has recently been taken. At the end of January 2018, a plan was published  by the Crown Prosecution Service (CPS), the National Police Chiefs’ Council (NPCC) and the College of Policing.  This sets out measures designed to improve practice in this area.

These first steps include:

• Reviewing disclosure training with the College of Policing

• Developing a cadre of specialist and experienced disclosure experts in every force

• Providing all multimedia evidence from the CPS to the defence digitally

• Putting in place specific improvement plans for each force and CPS area

• Setting up a system for the CPS and police to better identify and deal with cases with significant and complex disclosure issues.

This will not be the last word on this subject. Much work has to be done to ensure that all those engaged in the criminal justice system actually act in accordance with the statutory rules on disclosure. But it is an important first step.

The text of the plan can be found at http://www.npcc.police.uk/Publication/National%20Disclosure%20Improvement%20Plan%20January%202018.pdf