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Selective disclosure of Police Evidence

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Dear Crown Prosecution Service,

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

http://s000.tinyupload.com/index.php?fil...

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.

https://www.whatdotheyknow.com/request/3...
https://www.whatdotheyknow.com/request/3...

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,

Sam Potter

Information Management Unit, Crown Prosecution Service

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  • Attachment

    Freedom of Information request Selective disclosure of Police Evidence.txt

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Dear Mr Potter,

 

Thank you for your correspondence, attached, received on the 06 June 2019.

 

In order to assist you with your request for information, we require some
clarification from you.

 

Please state clearly whether you are seeking recorded information held by
the CPS, in accordance with the Freedom of Information Act.

 

If this is the case please clearly state the information you are seeking.

 

Many thanks

 

Yours sincerely

 

 

Information Management Unit

020 3357 0899

[1][CPS request email]

 

 

 

 

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1. mailto:[CPS request email]

Dear Information Management Unit,

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 sincerely,

Sam Potter

Information Management Unit, Crown Prosecution Service

Dear Mr Potter,

 

Freedom of Information Act 2000 Request

 

Thank you for your Freedom of Information (FOI) request which we received
on 7^th June 2019..

 

Your request

 

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?

 

Our response

 

This is not a valid request under the FOI Act.  Please note that whilst
the FOI Act allows the public to request information held by a public
authority subject to any exemptions found in the Act, this must be
information held by the public authority in recorded form. The authority
is not obliged to create new information or find the answer to a question
where the information is not already in recorded format.  For guidance on
how to structure a valid FOI request please refer to the ICO website on
the link below:

 

[1]http://ico.org.uk/for_the_public/officia...

 

We would therefore be grateful if you could clarify precisely what
recorded information you seek for disclosure from the Crown Prosecution
Service (CPS).  We would then be happy to take forward your clarified
request as a new request under the FOI Act.

 

If you are not satisfied with this response you have the right to request
an internal review by responding in writing to one of the addresses below
within two months of the date of this response. The internal review will
be handled by a member of CPS staff who has not been involved with your
original request.

 

[2][CPS request email]

 

Information Management Unit

Floor 8

102 Petty France

London

SW1H 9AJ

 

You do have the right to ask the Information Commissioner Office’s (ICO)
to investigate any aspect of your complaint. However, please note that the
ICO is likely to expect internal complaints procedures to have been
exhausted before beginning their investigation.

 

Yours sincerely

 

Information Management Unit

020 3357 0899

[3][CPS request email]

 

 

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