Why might there be a delay in the details of a police investigation being made public?
Well, many reasons. None of which relate to a conspiracy or a “cover-up”.
Let’s take a quick look🧵👇
First there are the practicalities of modern investigations, particularly in serious and complex cases where the police are reviewing multiple digital devices, such as mobile phones and computers.
Sometimes a device is encrypted, or a suspect won’t give their PIN, which makes it more time-consuming for the police to access the device. If/when they do, a mobile phone “download” can contain tens if not hundreds of thousands of pages to review. This takes time.
Digital investigations often take months. This evidence is rarely available in the first days after an arrest. Often a defendant is arrested, charged, brought before the court and then charged with new offences months later when his phone is reviewed.
Investigations are fluid. Discovering one piece of evidence is rarely the end of the story. One piece of evidence usually opens another line of enquiry, which needs to be fully investigated before any conclusions can be drawn or decisions made.
For instance, have the police seized a substance of interest? That will need scientific examination. There may be leads to other potential suspects. There may be sensitive intelligence which requires reviewing. Legal advice will often be needed.
All of this requires time and sensitivity. Not real-time public commentary.
What about when the police have this new information/evidence? Do they immediately release everything they know into the public domain as soon as they receive it?
Well, no. That’s not really how it works. For reasons which probably seem obvious.
1) It doesn’t help any investigation to tell everybody everything the police know at every stage;
2) It doesn’t help the public to be given a drip-feed of information that is unconfirmed and liable to change.
3) It is liable to prejudice criminal proceedings.
Why could releasing information prejudice criminal proceedings? Well because the new information may not be relevant to the matters already before the court. They may be entirely unrelated. And the public hearing about one might prejudice a jury hearing a trial of the other.
There’s also the possibility that the new information, although initially appearing damning and/or relevant, might not result in a criminal charge. Again, the police are not going to jeopardise a fair trial by releasing information which may not in fact be borne out.
The decision whether to charge a suspect, and with which offences, is made by the CPS, who review evidence gathered by the police and advise on what else is required before a charging decision can be made.
This process does not take place in public. And can again take time.
What about when a charging decision has been made? Some offences require the consent of the Attorney General - a government minister - before charging. When the government is aware of potential new charges, do they publicly announce this fact?
Well no. That’s not their job.
The police and/or CPS will sometimes give a public statement when a charging decision is made, but not always. In most cases, the first time any detail is put into the public domain is when a defendant appears before the magistrates’ court charged with new offences.
Even when a defendant appears before the magistrates’ court, there will be restrictions on what information the police and CPS choose to make public, and on what information the press can report. This is not a conspiracy - it is to protect the fairness of criminal proceedings.
All of this is known to anybody with any experience of criminal justice. It is certainly known by politicians who have worked in the Home Office.
Any suggestion of “cover-up” should be supported by hard evidence.
Nobody has yet provided any such evidence. Just conspiracism.
Finally, without going into specifics, a free piece of advice:
People convicted of racist or violent crimes do not suddenly have “unsafe convictions” because information comes to light which, in their own minds, retrospectively justifies their racism and/or violence.
Sorry.
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Huw Edwards pleaded guilty to “making” 41 indecent photographs of a child.
The first point to note is that “making” is misleading - the offence was possessing them on a computer, rather than creating or recording the images. The law is grossly confusing in this area.
The thread offers a hypothetical of a person breaking a car window to rescue a child, only to find themselves charged with criminal damage and prevented by the judge from mentioning this critical circumstance to the jury.
Just like climate activists.
Only…it’s false.
If you’re sitting cosily for a law lecture (and who among us is not?), the issue arises from one of the legal defences available to criminal damage.
It is a defence if you believe the owner consented or *would have consented* had they known of the damage and its circumstances.
As the issue of compensation for miscarriages of justice is rightly in the news, it’s timely to note that in 2014, the government changed the law to make it all but impossible for people wrongly convicted and imprisoned to claim compensation.
Chris Grayling and Theresa May led the charge to deprive the wrongly convicted of compensation, changing the rules so that those people had to effectively prove their innocence - an impossible standard to meet.
The details are in Stories of The Law & How It’s Broken.
When this spiteful non-compensation scheme was challenged in the courts, the current crop of politicians - those who are now positioning themselves as champions of the wrongfully convicted - fought all the way to uphold it.
Can highly recommend this piece in today’s Sunday Times if you’re looking for a facile misunderstanding of what a barrister actually does.
If Mr Syed had bothered to speak to a barrister, or indulge in the most cursory research, he would have learned at least two things: 🧵
1. 90% of a barrister’s career is spent on making decisions. Advising on courses of action, of legal risk, future consequences, assessing evidence and making split-second judgement calls (both in and out of court) that can make an irrevocable decision to a person’s life.
2. It’s an obvious one, and an old favourite, but given that it seems to take Mr Syed by surprise:
BARRISTERS ARE NOT THEIR CLIENTS.
We ask questions in court and test evidence, on behalf of whoever instructs us, because that is our job.
Readers are invited to conclude that £100,000 (£100,028, to be precise) is too much to spend on this very serious case, in which an MP was murdered. A “ridiculous amount of money”, we’re reliably told by Conservative MP @nigelmills.
Well let’s see.
The first teeny, tiny point - and I really am being picky - is that, despite @nigelmills confidently asserting that the defendant “admitted the killing”, that’s not actually true. Not really.
Because the same article tells us that he denied murder and had a 7-day trial.