This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/uk-42795058
The article has changed 8 times. There is an RSS feed of changes available.
| Version 2 | Version 3 |
|---|---|
| Hundreds of cases dropped over evidence disclosure failings | Hundreds of cases dropped over evidence disclosure failings |
| (35 minutes 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. |
| 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". |
| Last week, a rape charge against Oxford University student Oliver Mears was dropped on the eve of his trial, after a diary which supported his case was uncovered. | Last week, a rape charge against Oxford University student Oliver Mears was dropped on the eve of his trial, after a diary which supported his case was uncovered. |
| Surrey Police admitted its investigation had been flawed and launched an internal review. | Surrey Police admitted its investigation had been flawed and launched an internal review. |
| Surrey's Chief Constable Nick Ephgrave told BBC Radio 4's Today: "For too long disclosure has been seen by many officers as something that is subsequent to an investigation, ie. an administrative process at the end, rather than something that should be integral." | Surrey's Chief Constable Nick Ephgrave told BBC Radio 4's Today: "For too long disclosure has been seen by many officers as something that is subsequent to an investigation, ie. an administrative process at the end, rather than something that should be integral." |
| He acknowledged it was "no small task" to train the police force to think differently, but an improvement plan would be published shortly. | He acknowledged it was "no small task" to train the police force to think differently, but an improvement plan would be published shortly. |
| Jerry Hayes, the prosecuting barrister in Liam Allan's case, fears innocent people were "probably" being jailed because of disclosure failings. | Jerry Hayes, the prosecuting barrister in Liam Allan's case, fears innocent people were "probably" being jailed because of disclosure failings. |
| "And it may have been some time ago and it may well be that evidence is destroyed. Their lives are now destroyed," he told the Today programme. | "And it may have been some time ago and it may well be that evidence is destroyed. Their lives are now destroyed," he told the Today programme. |
| 'Breaking point' | 'Breaking point' |
| 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: | 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. | 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. |
| 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." |
| Have you been affected by issues raised in this story? Please share your experiences with us by emailing haveyoursay@bbc.co.uk. | Have you been affected by issues raised in this story? Please share your experiences with us by emailing haveyoursay@bbc.co.uk. |
| You can also contact us in the following ways: | You can also contact us in the following ways: |
| Or please use the form below: | Or please use the form below: |