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| Hundreds of cases dropped over evidence disclosure failings | Hundreds of cases dropped over evidence disclosure failings |
| (about 7 hours later) | |
| The number of prosecutions in England and Wales that collapsed because of a failure by police or prosecutors to disclose evidence increased by 70% in the last two years, the BBC can reveal. | The number of prosecutions in England and Wales that collapsed because of a failure by police or prosecutors to disclose evidence increased by 70% in the last two years, the BBC can reveal. |
| Last year, 916 people had charges dropped over a failure to disclose evidence - up from 537 in 2014-15. | Last year, 916 people had charges dropped over a failure to disclose evidence - up from 537 in 2014-15. |
| It comes after recent collapsed rape cases highlighted a failure to share evidence with defence solicitors. | It comes after recent collapsed rape cases highlighted a failure to share evidence with defence solicitors. |
| The Crown Prosecution Service said the justice system had "systemic" problems. | The Crown Prosecution Service said the justice system had "systemic" problems. |
| In the lead up to criminal trials, police and prosecutors have a duty to disclose evidence that might either assist the defence case or undermine the prosecution's. | In the lead up to criminal trials, police and prosecutors have a duty to disclose evidence that might either assist the defence case or undermine the prosecution's. |
| However, the recent collapse of several rape cases has heightened concerns that evidence is not being disclosed early enough, and that the rules are not being followed. | However, the recent collapse of several rape cases has heightened concerns that evidence is not being disclosed early enough, and that the rules are not being followed. |
| 'A daily struggle' | 'A daily struggle' |
| In December, the trial of Isaac Itiary, who was accused of raping a child, collapsed when new evidence came to light. | In December, the trial of Isaac Itiary, who was accused of raping a child, collapsed when new evidence came to light. |
| During Mr Itiary's trial, police failed to disclose messages which showed the girl, then 16 years old, had told the defendant she was 19. | During Mr Itiary's trial, police failed to disclose messages which showed the girl, then 16 years old, had told the defendant she was 19. |
| The same month, the trial of Liam Allan, who faced 12 counts of rape and sexual assault, was also halted. | The same month, the trial of Liam Allan, who faced 12 counts of rape and sexual assault, was also halted. |
| The case against Mr Allan was dropped when it emerged evidence on a computer disc - which police had looked through - showed messages from the alleged victim pestering him for "casual sex". | The case against Mr Allan was dropped when it emerged evidence on a computer disc - which police had looked through - showed messages from the alleged victim pestering him for "casual sex". |
| The new figures, obtained under the Freedom of Information Act, reveal the total number of people whose trials have ended or the charges against them dropped due to a failure to disclose evidence: | |
| Over those four years, the number of completed prosecutions fell by almost 150,000 cases - from more than 736,000 in 2013-14 to just over 588,000 in 2016-17. | |
| 'Still too many' | 'Still too many' |
| Angela Rafferty QC, chair of the Criminal Bar Association, blamed issues on a "lack of investment, training and attention to the criminal justice system". | Angela Rafferty QC, chair of the Criminal Bar Association, blamed issues on a "lack of investment, training and attention to the criminal justice system". |
| She said barristers face "a daily struggle in respect of disclosure, delays and all the other disastrous consequences of a system that is openly described by MPs as at breaking point". | She said barristers face "a daily struggle in respect of disclosure, delays and all the other disastrous consequences of a system that is openly described by MPs as at breaking point". |
| "The reasons for it must be properly explored and dealt with," she added. | "The reasons for it must be properly explored and dealt with," she added. |
| She said Richard Foster, chairman of the Criminal Cases Review Commission, had written to the director of public prosecutions and the attorney general 18 months ago about the problem. | She said Richard Foster, chairman of the Criminal Cases Review Commission, had written to the director of public prosecutions and the attorney general 18 months ago about the problem. |
| A CPS spokesperson said the number of dropped cases due to evidence disclosure failures represented just 0.15% of the total number of prosecutions. | A CPS spokesperson said the number of dropped cases due to evidence disclosure failures represented just 0.15% of the total number of prosecutions. |
| "That is still too many, however, and we are clear that there are systemic disclosure issues across the criminal justice system which will require a collective effort in order to bring about improvement. | "That is still too many, however, and we are clear that there are systemic disclosure issues across the criminal justice system which will require a collective effort in order to bring about improvement. |
| "Getting this right is a priority, and along with the police and other criminal justice partners we are working to improve how we fulfil these vital disclosure obligations." | "Getting this right is a priority, and along with the police and other criminal justice partners we are working to improve how we fulfil these vital disclosure obligations." |
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