Martin Partington: Spotlight on the Justice System

It is a fundamental principle of the criminal justice system in England and Wales that the prosecution must disclose unused evidence to the defence. Following considerable press publicity given to criminal trials  in which this principle has not been observed – leading to lengthy delays in a case being brough to trial, in some cases leading to a defendant being sent to prison for a crime he did not commit – the Justice Committee in the House of Commons took a look at the issue.

In July 2018 they published their report. In it they make no recommendations to change the law. Indeed, the confirm that the principle of disclosure is an important one to ensure a fair trial. What they do say is that those working in the criminal justice system must take their responsibilities in relation to disclosure more seriously.

The Committee notes that in early December 2017 the Government announced that the then Attorney General would conduct a review of disclosure. While the Attorney General has since changed, the Committee expects that this review will conclude.

The Committee also notes that the Crown Prosecution Service, National Police Chiefs’ Council and College of Policing  published a “National Disclosure Improvement Plan” in January 2018. (Noted in this blog 1 Feb 2018)

The Justice Committee’s recent report in effect builds on these initiatives. It states, in summary that there needs to be:

• a shift in culture towards viewing disclosure as a core justice duty, and not an administrative add-on;
• the right skills and technology to review large volumes of material that are now routinely collected by the police; and
• clear guidelines on handling sensitive material.

Finally, the Government must consider whether funding across the system is sufficient to ensure a good disclosure regime. The Committee notes that delayed and collapsed trails that result from disclosure errors only serve to put further strain on already tight resources.

The Committee plans to return to this issue both when the Government publishes its response to the report, and when the Attorney General’s review is completed.

The report can be seen at https://publications.parliament.uk/pa/cm201719/cmselect/cmjust/859/85902.htm