Reform needed re Disclosure

A review is being undertaken by the police and CPS into the causes of the Liam Allen trial collapse, but there are deeper concerns that need addressing: underfunding of the police and CPS, cuts to legal aid and the rise in unrepresented defendants, the culture of “victim belief” in reports of sexual offences and how the Criminal Cases Review Commission deals with unused material.

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Police 'Oppresive' Interview

'Tainted and undue pressure' put on the defendant to get him to speak to police officers when he told them he didn't want to answer questions.  Scottish case v Jake Hawkins [2017]

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The Disclosure of Unused Material

Making it Fair: The Disclosure of Unused Material in Volume Crown Court Cases

This inspection by HMCPSI and HMIC identified a number of issues which are contributing to widespread failures across the board by both police and prosecutors.

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Protecting an informants identity

WV v CPS 2011 - WV brought an application for permission to apply for a judicial review to quash a decision by the CPS to disclose to the defence in a trial that he was the person who had provided the police with information. The CPS had decided not to protect his identity by way of a P.I.I. (Public Interest Immunity) hearing.

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