header-logo header-logo

19 September 2025 / Nick Brett , Vicky Lankester
Issue: 8131 / Categories: Opinion , Criminal , Disclosure , Compliance
printer mail-detail

Evidence withheld, justice denied

230094
CPS non-compliance results in dismissed cases, write Nick Brett & Vicky Lankester. But is change on the way?

Criminal defence practitioners are all too aware of the Crown Prosecution Service (CPS), the body responsible for prosecuting criminal charges against defendants, failing to comply with directions, failing to provide evidence or disclosure as required, and failing to respond to correspondence.

All too often, deadlines pass with not a word from the CPS. When chasers are sent, these are often ignored, too. It is a frustrating part of a defence practitioner’s work that happens far too frequently, with the CPS appearing to ‘get away’ with it, or even worse, the defence being blamed for not chasing enough times. More importantly, a defendant has to endure the anxiety of unnecessarily protracted proceedings, and any extra expense and inconvenience that comes with that. We are all sympathetic to the pressures the publicly funded body is under, but justice must work both ways; defendants are entitled to know and understand the case against

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll