In the Media, Law Reform, LCCSA News, Practice and Procedure

Disclosure Debacle- the Justice Survey Results

PUBLISHED February 27, 2018

Justice Survey Results
Thank you to all our members who contributed to the Disclosure Survey commissioned by the BBC in conjunction with the LCCSA, CLSA and CBA .There were over 1200 responses.
There has been considerable media interest in the research carried out by the BBC . Clive Coleman reported on it on tonight's BBC news ( 6pm and 10pm ) and it featured on Radio 4 .
We hope we can persuade the government and judiciary to take urgent steps to tackle these ongoing breaches of the existing rules and certainly hope that once the dust has settled, we can work together with the relevant parties to reform the system so that we do not experience these very frustrating day to day issues with disclosure and so that the public can have confidence that the system is treating all parties fairly and securing justice for those involved.
Read more on the BBC website here
The Results
97 per cent encountered disclosure of evidence failings during the last 12 months
More than half (55%) encountered these problems every day or every week
The failures were evenly split as occurring with either the CPS and or with the police
45% were reported as being encountered in the Magistrates’ Courts, 45% were encountered at Crown Court
78% said the failures resulted in delayed the trial
85% said the failures had placed the defence under unreasonable logistical or time pressure
56% said the failures had caused a case to collapse
44% said the failures has resulted in a denial of justice
33% said the failures had resulted in 'possible wrongful conviction or miscarriage of justice
4% said the Transforming Summary Justice Initiative improved the workings of the Magistrates’ Court