By Dr Michael Naughton, Reader in Sociology and Law (University of Bristol Law School and School of Sociology, Politics and International Studies (SPAIS)).
Last Thursday (18 January 2018), the Director of Public Prosecutors (DDP), Alison Saunders, made the remarkable statement on BBC Radio 4’s Today Programme that ‘no innocent people are in prison because of failures to disclose vital evidence, despite admitting there is a “systemic issue”.’
Whatever her precise intentions, there is little doubt that the most senior prosecutor in England and Wales’s wilful refusal to acknowledge the reality of miscarriages of justice and that innocent people can be and are wrongly convicted and imprisoned only stoked the burgeoning crisis in the existing disclosure regime that governs alleged criminal investigations and prosecutions.
Variously described as ‘ill informed’, ‘complacent’ and ‘part of the current problem’, in this blog I critically evaluate the DPP’s statement in the context of her duties under the terms of the Code for Crown Prosecutors and the perennial problem of miscarriages of justice and wrongful imprisonment in England and Wales.
Moreover, in the context of a growing lack of confidence in the DPP and the disclosure regime in alleged criminal investigations and prosecutions, I will make the case that the DPP should be immediately replaced and for governmental intervention in the form of a royal commission to get to the heart of the apparent problems and devise solutions to fix a system that is clearly broken and in urgent need of repair. Continue reading