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

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
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Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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