header-logo header-logo

21 November 2018
Issue: 7818 / Categories: Legal News , Criminal
printer mail-detail

Proper disclosure requires payment

Criminal justice review reveals critical lack of compliance

The government has promised to take a ‘zero tolerance’ approach to disclosure in the criminal justice system, after its own review uncovered systematic failings.

The ‘Review of the efficiency and effectiveness of disclosure in the criminal justice system’ was commissioned in December 2017 and coincided with the collapse of several high-profile prosecutions due to disclosure of evidence issues, notably the Liam Allan case. It found the duty to record, retain and review material collected was not routinely complied with by police and prosecutors and this was causing, at the least, costly delays and at worst meant cases were being pursued without sufficient evidence.

Disclosure is the process by which the accused is provided with investigation materials that could undermine the prosecution case against them or assist their defence.

Publishing the 78-page review this week, Attorney General Geoffrey Cox QC MP said: ‘For too long, disclosure has been seen as an administrative add on rather than fundamental pillar of our justice system. This ends now.’

The review recommends incentivising early preparation and engagement between prosecution and defence, and reviewing the current level of criminal legal aid payments.

Andrew Walker QC, chair of the Bar, said: ‘The review recognises that changes will need to be made to the criminal legal aid fee schemes if early preparation and engagement is to happen, and be effective. 

‘Fees for that work, at proper rates, will be essential. But this will also require the Crown Prosecution Service (CPS) to be funded properly, so that it can employ the necessary staff. We note the absence of any such recommendation.’

According to Bar Council research, CPS funding has fallen 34% in real terms in the past ten years.

Law Society president Christina Blacklaws welcomed the review’s acknowledgement that ‘the current fee structure for police station attendance is not designed for a large amount of pre-charge work by the defence’.

Issue: 7818 / Categories: Legal News , Criminal
printer mail-details

MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll