Non-Disclosure of Police Evidence

The request was partially successful.

Dear Humberside Police,

The schedule of non-sensitive unused material is linked to a case in which witnesses were accused of producing false statements.

Note, an image (item 7) obtained presumably from a photo taken by a mobile phone was not considered relevant to the case and categorised as "Clearly Not Disclosable" (CND). The evidence might reasonably have been considered capable of undermining the case for the prosecution or of assisting the accused’s case if the image showed that the distance between the witness and defendant was so great that the account could not reasonably have been relied on. It might even have proved impossible to have verified events with the degree of detail described by the witness and would in that case have confirmed that the witness had knowingly made a false statement.

Note also that CCTV footage (item 6) believed to relate to seven cameras covering the relevant area (see links), was not considered relevant to the case and categorised as CND. It is unlikely with such extensive coverage of the relevant area by CCTV that there would be nothing of relevance to the case.

In accordance with the Crown Prosecution Service's continuing duty to consider and review disclosure under the Criminal Procedure and Investigations Act 1996 (CPIA), what further disclosure (if any) was required of Humberside police as a result of the exhibit schedule?

In the light of systemic failures to disclose police evidence being discovered and reported in national press, are cases like this being reviewed to identify miscarriages of justice?

Yours faithfully,

Gerry Lampard

Information Compliance, Humberside Police

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