Police fail to disclose evidence as they focus on securing convictions, legal experts warn
A “TICK-BOX ATTITUDE” within the Crown Prosecution Service has led to the police failing to disclose evidence because they are too focused on preparing a case for prosecutors, legal experts have warned.
Critics say the problem is “systemic and cultural” and requires a rethink within both the police and the CPS, amid concerns officers are not handing over relevant evidence because they are too focused on securing a conviction for victims instead of “probing” evidence.
It follows a decision to review every rape and sexual assault case in the country after a number of trials collapsed at the last minute because key items of evidence had not been given to solicitors by police. Suzanne Gower, the head of the Centre for Criminal Appeals, told The Daily Telegraph that the police had an “adversarial” attitude towards defence solicitors and refuse to share evidence with them because they see their only responsibility as getting a conviction for the victim.
She also said police are judged by their conviction rates, which has made the attitude worse.
It came after this newspaper revealed that Alison Saunders, the head of the CPS, will step down at the end of her five-year term this October, amid criticism that she has not done enough to tackle growing concerns about evidence disclosure.
Bob Neill, the chairman of the justice select committee, said a lack of training in the police, failure to appoint someone senior enough to record evidence and a sense that police are not “probing and testing” evidence properly is contributing to the issues around disclosure.
He said Alison Saunders appeared to be “complacent” about the issue, adding:
‘A systemic and cultural problem within the police who believe their duty is to build a prosecution case’
“There is a cultural thing … everyone is under pressure but I don’t think [police and the CPS] understand you can collaborate but still challenge.
“That rigorous mentality has to come from the top and the problem is it becomes too much sometimes of a classic civil service type tick-box exercise, which is why it is good to have someone from outside the CPS come in.”
Jerry Hayes, the lawyer who exposed the police’s failure to disclose evidence, said: “There is a systemic and cultural problem within the police who believe their duty is to build a prosecution case, it isn’t, it’s to assess the evidence and give it to a reviewing lawyer to decide what is realistic.”
A Freedom of Information request revealed the true scale of disclosure yesterday.
A CPS survey said: “In even quite serious cases, officers have admitted to deliberately withholding sensitive material from us and they frequently approach us only a week before trial … Officers are reluctant to investigate a defence or take statements that might assist the defence or undermine our case.”