We have all been frustrated and concerned by what the CPS have sought to pass off as Disclosure under IDPC . Concerns are widespread . We are frustrated that we are caught between CPS failings and court indifference.
We have been attending meetings with CPS London for several months to raise these issues.
Last week The CLSA published a protocol which sets out guidance in addressing the issue of inadequate disclosure including how and why adjournments should be sought prior to entering pleas . We would encourage all of our members to adopt this protocol and use it in both the Magistrates Courts and Crown Courts where commonly , The Crown have served nothing beyond the material within the IDPC .
We are encouraged that the protocol has already started to receive attention from those who ought to care , but this must not stop it being used in appropriate situations.
Here is the protocol and guidance , please download and keep with you , we agree that it is time to push back:-
You may want to use this in conjunction with the email we sent to you in April in regards to the issue of inadequate disclosure prior to trial in which we wrote:
“There has been a recent trend by the CPS to fail to produce evidence beyond the MG5/IDPC in respect of matters that have been listed for trial . Some report that the defence do not even receive statements and other material directed in the case management form until the day of trial, often despite numerous requests being made to the CPS in writing .
The Criminal Procedure Rules are meant to work for the defence as well as the Crown . There are costs provisions that apply . Unless we start to apply for wasted costs , the CPS will continue to breach these rules and the courts will continue to indulge them .
In March 2014 Richard Furlong lectured the profession in regards to these provisions.
The link below is a copy of the materials that were distributed at that time, Included is a costs claim form that you may wish to present at material times:-