BSQ Briefing - Attorney General’s New Disclosure Recommendations
Following the debacle that led to the collapse of the trial of Liam Allen in January 2018 - see BSQ blog here - the Attorney General has conducted an enquiry in the disclosure regime which has recently been published. It is entitled the Review of the Efficiency and Effectiveness of Disclosure in the Criminal Justice System.
The Report examines failures in the way that evidence is disclosed to the defence in the criminal trial and prosecution process. It follows various similar reports on this theme including the CPS report A Joint Review of the Disclosure Process in the case of R v Allan.
BSQ welcomes the report’s findings which identify failings the authors believe increase the risk of miscarriage of justice and include:
• the CPS requesting excessive disclosure
• the police not always pursuing reasonable lines of enquiry
• Police Investigators not identifying material as relevant for inclusion in disclosure schedules
• Prosecutors not scrutinising evidence correctly and uncovering errors
• Prosecutors and police officers failing to apply the disclosure test properly
• The late disclosure of evidence
• Uneven engagement of the judiciary in the disclosure process
The Attorney General has made a number of recommendations to improve the system which include:
• better use of modern technology so that the police can more effectively analyse digital material so as to comply with the disclosure obligations
• creating a rebuttable presumption of disclosure for categories of information that normally help the defence
• Disclosure information being frontloaded by the prosecution
• Further training for police and prosecution
• The defence and prosecution engaging more meaningfully in the course of a prosecution and pre-charge
BSQ will be monitoring the implementation of these proposals which are due to be introduced before the end of 2019.
At BSQ, we are often instructed in sexual assault allegations and have a track record of persuading the CPS not to charge in these types of cases, often after we have vigorously pursued requests for the disclosure of potentially evidence exculpatory evidence.
You can read more about our expertise in defending individuals accused of sexual crimes here.
If you require advice or assistance in relation to a sexual assault allegation or need criminal defence lawyers in London, please contact our offices for a confidential consultation.