header-logo header-logo

15 May 2008
Issue: 7321 / Categories: Legal News , Legal services , Procedure & practice , Profession
printer mail-detail

Prosecutors are failing in statutory disclosure duties

News

Crown prosecutors are complying properly with the statutory disclosure regime in only around half of cases, a report by HM Crown Prosecution Service Inspectorate (HMCPSI) has found. Although the breaches did not mean potential miscarriages of justice, the report says, noncompliance resulted in adjournments and ineffective trials while disclosure issues were resolved, in 5.3% of the 152 magistrates’ court and crown court cases observed.

Delays to trials while advocates sorted out disclosure issues were common, impacting on court listing practices and other cases. Juries face significant waits, and the victims, witnesses and defendants are inconvenienced. In the cases scrutinised, the initial duty of disclosure was properly complied with in 56.6% of cases, continuing disclosure in 71.3% of relevant cases and sensitive material in 47.5%. Deficiencies include: description of material in schedules compiled by police disclosure officers; lack of examination of material by prosecutors; and lack of adequate recording of actions, decisions and the reasons for them by prosecutors. Blanket provision of unused material was sometimes made, passing the burden of examining material to the defence which caused delay.

The report says statutory duties for the handling of unused material— under the Criminal Procedure and Investigations Act 1996, as amended by Criminal Justice Act 2003—were found to be onerous by police and prosecutors and the procedure can be convoluted. Stephen Wooler, HM Chief Inspector says: “More consistent and timely compliance with the statutory disclosure regime, with a crown prosecutor having considered the material itself when it is key or sensitive unused material, could reduce the overall resource demands of disclosure.” A CPS spokesperson says the CPS is addressing the issues raised in the report. She adds: “Although the report focuses on the role of the CPS, non-compliance by other players in the criminal justice system…also cause, contribute or add to problems.”

 

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll