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Nightmare on Disclosure Street

16 March 2018 / Jon Robins
Issue: 7785 / Categories: Features
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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

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NEWS
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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