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All rape cases to be 'urgently' reviewed over evidence disclosure All current rape cases to be 'urgently' reviewed over disclosure fears
(about 7 hours later)
All current rape and serious sexual assault cases in England and Wales are being reviewed by senior prosecutors to ensure evidence has been disclosed. All current rape and serious sexual assault cases in England and Wales are to be reviewed "as a matter of urgency" to ensure evidence has been disclosed.
It comes after the collapse of several recent rape trials because evidence had not been shared with defence lawyers. Director of Public Prosecutions Alison Saunders warned the review could see "a number of cases" dropped.
Alison Saunders, the director of public prosecutions, said cases yet to come to trial are being assessed "as a matter or urgency". It comes after the collapse of several rape trials where evidence had not been shared with defence lawyers.
She said as a result "a number of cases" are likely to be stopped. BBC legal correspondent Clive Coleman said there had been a failure to share digital evidence in each of the cases.
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 or information that might either help the defence case, or harm the prosecution's case.
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 system has come under scrutiny after the collapse of several rape trials, heightening concerns that evidence is not being disclosed early enough - or that rules are not being followed.
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. Concerns have also been raised that potentially key information taken from mobile phones, computers and social media is not being shared.
In December, the trial of Liam Allan, who faced 12 counts of rape and sexual assault, 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". 'Systemic problems'
'New challenges'
The Crown Prosecution Service, National Police Chiefs' Council (NPCC) and College of Policing have announced an "improvement plan" to tackle the problems with disclosure.The Crown Prosecution Service, National Police Chiefs' Council (NPCC) and College of Policing have announced an "improvement plan" to tackle the problems with disclosure.
It includes reviewing disclosure training, developing specialist disclosure experts in every force, and providing all multimedia evidence to the defence digitally. It will include reviewing disclosure training, developing specialist disclosure experts in every force, and providing all multimedia evidence to the defence digitally.
Ms Saunders said the steps were aimed at tackling "deep-rooted and systemic" disclosure issues which were of "great concern". Ms Saunders - the most senior public prosecutor in England and Wales - said the steps were aimed at tackling "deep-rooted and systemic" disclosure issues which were of "great concern".
"Changes in society, such as the vastly increasing use of social media and mobile phone messaging, bring challenges that all parts of the criminal justice system, despite the resourcing challenges, must deal with," she said."Changes in society, such as the vastly increasing use of social media and mobile phone messaging, bring challenges that all parts of the criminal justice system, despite the resourcing challenges, must deal with," she said.
"We are taking steps to identify any individual cases of concern as a matter of urgency.""We are taking steps to identify any individual cases of concern as a matter of urgency."
The BBC's legal correspondent, Clive Coleman, said the plan reveals little about how changes will be funded, or about reviewing past convictions where disclosure may have gone awry. 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.
It also begs the question of why the review is confined to rape and sexual assault cases when many believe the problems of disclosure are systemic, he adds. In December, the trial of Liam Allan, who faced 12 counts of rape and sexual assault, 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".
Earlier this week, the BBC revealed the number of prosecutions in England and Wales that collapsed because of a failure by police or prosecutors to disclose evidence had increased by 70% in the last two years.Earlier this week, the BBC revealed the number of prosecutions in England and Wales that collapsed because of a failure by police or prosecutors to disclose evidence had increased by 70% in the last two years.
'Unprecedented review'
Our correspondent said the review was "unprecedented" and comes after lawyers have been warning "for years" about issues around the disclosure of police evidence.
He said the plan reveals little about how changes will be funded, or about whether there is scope for reviewing past convictions where disclosure may have gone awry.
It also begs the question of why the review is confined to rape and sexual assault cases when many believe the problems of disclosure are systemic, he added.
Chief Constable Nick Ephgrave, the NPCC lead for criminal justice, said the disclosure of evidence has "too often been seen as an administrative task completed at the end of an investigation".
He said problems had been "exacerbated by the rapid expansion of digital material involved in almost every case".
"We now need to firmly embed disclosure in the investigative mindset from the outset of any investigation.
"Reviews of recent cases have shown a range of issues leading to failures but there has been no intention by officers to conceal information."