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16 March 2018 / Dr Jon Robins
Issue: 7785 / Categories: Features
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Nightmare on Disclosure Street

The Director of Public Prosecution’s disclosure nightmare seems to be getting worse by the week. Jon Robins reviews the evidence

A recent BBC survey revealed that 97% of criminal defence lawyers had encountered disclosure failures in the last 12 months. Since the botched prosecution of Liam Allan collapsed before Christmas, the Director of Public Prosecution’s disclosure nightmare seems to be getting worse by the week.

The case against the 22-year-old criminology student was dropped three days into the trial at Croydon Crown Court when police were forced to disclose a wealth of digital evidence comprising some 40,000 messages which revealed, amongst other things, that the alleged victim had pestered the young man for ‘casual sex’.

Speaking to the BBC Radio 4’s Today programme, Alison Saunders was asked if it was a possibility that there were people in prison today as a result of disclosure problems. ‘I don’t think so’, she replied, ‘because what these cases show is that when we take a case through to trial there are various safeguards in place, not least of which the defence indicating what their defence is going to be’.

The

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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