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In the last fortnight I have been involved in 5 cases in the mags in which the Crown was left no option but to offer no evidence following significant disclosure failings. I have been angry. My conclusion in a brief thread: /1
It’s enfuriating for all involved and results in deeply unfair outcomes for defendants, victims and the tax payer. Months (if not years of preparation) and waiting; angst; resultant illness; loss of jobs; days off work; travel expenses. Wasted. Justice is not seen to be done. /2
The common theme in these cases? The police don’t have the resources or training to fulfil their obligations. The CPS don’t have the resources to properly check or chase disclosure. Defence solicitors chase, but are under similar financial pressures. /3
It is easy (and I have wanted) to blame the police and CPS. But having thought on my frustration I was reminded of Hanlon’s razor: “never attribute to malice that which can be adequately explained by stupidity.” I’d like to build on that when it comes to disclosure failings: /4
Never (in the absence of clear evidence to the contrary) attribute to concerted misconduct that which can be adequately explained by chronic under-resourcing in every single aspect of the criminal justice system. /5
I’m calling this Grayling’s razor. #thelawisbroken. /6
