Port of Tilbury-Police Constable

[Fedster + 1,307]

National Police Chiefs Council lead says he is confident the plan will lead to 'real improvements in quick time'.

CC Nick Ephgrave

Police officers dealing with the disclosure of evidence could be required to obtain a "licence to practise" within a year after a string of rape cases collapsed.

Specialist disclosure experts will be posted in every force area as part of efforts to address failings that have rocked confidence in the criminal justice system.

A flurry of cases have sparked serious concerns over arrangements surrounding the disclosure to defence teams of crucial evidence.

In the lead-up to trials, police and prosecutors are required to hand over relevant material that either undermines the prosecution case or assists the defence case.

But the regime came under sharp focus after defendants facing rape allegations had the charges against them dropped when critical evidence emerged at the 11th hour.

The Crown Prosecution Service, National Police Chiefs' Council (NPCC) and College of Policing have published a disclosure "improvement plan".

It set out plans to review training on disclosure, develop a cadre of specialist and experienced disclosure experts in every force and provide all multimedia evidence from the CPS to the defence via direct electronic link by July.

The document also commits to reviewing whether there "should be a requirement for officers to hold a Licence to Practise in respect of disclosure" by January 2019.

Director of Public Prosecutions Alison Saunders said: "The CPS and police have a vital role in ensuring there is a fair trial process in place to protect the public. Proper disclosure is a fundamental part of this.

"The steps we have already taken, along with the measures we have announced today, are aimed at tackling the deep-rooted and systemic disclosure issues which are of great concern to us all."

She said changes in society, such as the "vastly increasing" use of social media and mobile phone messaging "bring challenges that all parts of the criminal justice system, despite the resourcing challenges, must deal with".

The improvement plan refers to an "explosion" in volume of digital material created in criminal investigations, with "greater strain" being placed on the capacity for lawyers and individual officers to consider disclosure.

Chief Constable Nick Ephgrave, the NPCC lead for criminal justice, said: "Disclosure is an essential element of the criminal justice process, but has too often been seen as an administrative task completed at the end of an investigation, exacerbated by the rapid expansion of digital material involved in almost every case.

"We now need to firmly embed disclosure in the investigative mindset from the outset of any investigation.

"Reviews of recent cases have shown a range of issues leading to failures but there has been no intention by officers to conceal information."

He expressed confidence the plan will lead to "real improvements in quick time".

Ms Saunders said steps are being taken to identify any individual cases of concern "as a matter of urgency".

Senior prosecutors across England and Wales are currently assessing all live rape and serious sexual assault cases to check they are satisfied that disclosure obligations have been met.

Ms Saunders added: "Inevitably, bringing forward these case reviews means it is likely that there may be a number of cases which we will be stopping at around the same time."

Chief Constable Mike Cunningham, CEO at the College of Policing, said: “The role of the police in any investigation is to secure and preserve evidence. 

“We want to ensure officers and staff are supported to make the improvements being set out today and have access to the best available learning for disclosure. To date we have produced detailed disclosure learning standards, guidance and training tools for forces to implement locally, but this is just one part of the solution.

“We must be sure the criminal justice system works together to achieve sustained improvements to disclosure practice. This will involve cultural change and strong leadership to influence the mind-sets of officers and staff responsible for meeting disclosure requirements. We will support leaders and champions in forces and across the criminal justice service to achieve this.”

View On Police Oracle

[SimonT + 1,185]

I say unto thee shazam! And the disclosure officers were wrought into existence! 

The wheel turns again. 

Not saying it's a bad idea. But so is not cutting vast amounts of policing. But that happened 

[Zulu 22 + 4,571]

Is there any more hog tying that they can do. Why not acknowledge that mistakes have been made by the CPS, the defence, and some Police Officer's. 

[BlueBob + 692]

Quote from above: "Specialist disclosure experts will be posted in every force area as part of efforts to address failings that have rocked confidence in the criminal justice system"
Would it be so wrong to think there are already at least one person/office of that calibre already in place in each force!!!!  Its not as if disclosure has not been around long enough for at least one person to become highly proficient at it?  
Perhaps the historic interpretation of how disclosure is meant to work has been turned on its head and about to undergo an re-shuffle!!! 

[Growley + 2,436]

The problem I have with a 'licence to practice' is that it's not actually guaranteed to fix the problem. In all likelihood, you'll still only do the course at the start of your time as an investigator, then you'll be paying your subs every year to remain on whatever list they come up with, despite the fact you can easily go rusty and out of date on said rules during that time. 

It's just another excuse to force officers to join up with this 'pay something get nothing' scheme they've been floating for years now.

 

[Zulu 22 + 4,571]

Lawyers are licensed to practice, as are Doctor's, Financial experts but, mistakes can be made, and they are. The CPS become responsible for prosecutions and yet these errors still happen. It is called human nature. For years there has been a call for greater prosecution for sexual offences and rape. The call was such that the response has backfired sensationally. There has never been a greater call to convict, but the accused still has the right to justice. We are too afraid to make the call that this is a tenuous and even a very questionable and perhaps a false complaint. Feminism has a lot to answer for in all of this. To say there is no case to answer has become unfashionable.

[MerseyLLB 8,426]

Perhaps we could make disclosure part of a centealised team of experts whose job it is to prepare cases for court.

They could be civilians and specialise in case preparation/CPIA issues.

We could call them the criminal justice unit. Hang on...

[Reasonable Man + 1,231]

Perhaps we could make disclosure part of a centealised team of experts whose job it is to prepare cases for court.
They could be civilians and specialise in case preparation/CPIA issues.
We could call them the criminal justice unit. Hang on...

Great idea. Then the cops could decide what they tell the criminal justice unit and what to keep back - you couldn't trust some civvy or shiny #### office dweller to protect 'your' information. You have to be a real cop to know about what's safe to let them know. Oh hang on...

[Reasonable Man + 1,231]

The problem I have with a 'licence to practice' is that it's not actually guaranteed to fix the problem. In all likelihood, you'll still only do the course at the start of your time as an investigator, then you'll be paying your subs every year to remain on whatever list they come up with, despite the fact you can easily go rusty and out of date on said rules during that time. 

If it is run properly like in proper professions this wouldn't happen as you would have to show your CPD and prove you are up to date to maintain your licence. E.g. If you went, say, two years without dealing with disclosure on a case then you can't have your licence renewed.

[Prae 764]

Perhaps we could make disclosure part of a centealised team of experts whose job it is to prepare cases for court.
They could be civilians and specialise in case preparation/CPIA issues.
We could call them the criminal justice unit. Hang on...

You can knock that kind of thinking on the head right now. Carry on and you’ll end up with all kinds of bird muck on your shoulders!

[Growley + 2,436]

If it is run properly like in proper professions this wouldn't happen as you would have to show your CPD and prove you are up to date to maintain your licence. E.g. If you went, say, two years without dealing with disclosure on a case then you can't have your licence renewed.

You can still go rusty on rules despite dealing with the subject matter every day.

Plenty of cops will forget their case law or finer points of law on certain matters they deal with daily unless they take it upon themselves to refresh their memory. Personally, I make a point of refreshing my knowledge every now and again, but not everybody does. I've had a DS try and argue with me that a public order offence can't happen in a private place, and a DC argue that taking advantage of a vulnerable person and receiving large cash gifts can't amount to theft.

Unless they actually make you sit an exam every so often, it's not going to do much.

[Ether + 1,395]

Another money making scheme diverting funding from the actual job of dealing with crime.  

What about a total revision on officer jobs for police officers and civi servants.

[Zulu 22 + 4,571]

Policing has always been about making mistakes.   As I always advised officers, making a mistake is part of the job, what is not part of the job is making the same mistake again. 

The whole of Policing is a learning experience from your first day to the last. As you learn you progress.

[Reasonable Man + 1,231]

You can still go rusty on rules despite dealing with the subject matter every day.

Plenty of cops will forget their case law or finer points of law on certain matters they deal with daily unless they take it upon themselves to refresh their memory. Personally, I make a point of refreshing my knowledge every now and again, but not everybody does. I've had a DS try and argue with me that a public order offence can't happen in a private place, and a DC argue that taking advantage of a vulnerable person and receiving large cash gifts can't amount to theft.

Unless they actually make you sit an exam every so often, it's not going to do much.

A pretty defeatist attitude.
The same could be said for GPS, solicitors, surgeons, accountants, vets, dentists etc. They could all go 'rusty' on the specifics of their jobs but they don't have to retake their exams.
Perhaps the whole licence to practice idea is flawed and should be taken away from every profession?

[MerseyLLB 8,426]

4 hours ago, Reasonable Man said:

A pretty defeatist attitude.
The same could be said for GPS, solicitors, surgeons, accountants, vets, dentists etc. They could all go 'rusty' on the specifics of their jobs but they don't have to retake their exams.
Perhaps the whole licence to practice idea is flawed and should be taken away from every profession?

The professions you mention have to undertake CPD and have for years.

We also now formally have CPD expectations, or should I say opportunities, in my force but the structure is still being worked out.