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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

Weightmans—Elborne Mitchell & Myton Law

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Firm expands in London and Leeds with dual merger

Boodle Hatfield—Clare Pooley & Michael Duffy

Boodle Hatfield—Clare Pooley & Michael Duffy

Private wealth and real estate firmpromotes two to partner and five to senior associate

Constantine Law—James Baker & Julie Goodway

Constantine Law—James Baker & Julie Goodway

Agile firm expands employment team with two partner hires

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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