DS & TS, R v [2015] EWCA Crim 662 (21 April 2015)

DS & TS, R v [2015] EWCA Crim 662 (21 April 2015)

Despite grave and systemic failures in disclosure by the prosecution and police, the materiality of undisclosed documents was limited and a fair trial remained possible. Balancing the public interest in prosecuting grave offences and the integrity of the justice system, the stay was not justified; proceedings should continue, and sanctions may be imposed against the CPS and police.

Citation
[2015] EWCA Crim 662
Parties
Appellant: Regina; Respondent: DS; Respondent: TS
Jurisdiction
England and Wales
Judgment Date
21 April 2015
Procedural Posture
Criminal Appeal / Appeal Against Stay for Abuse of Process
Outcome
Stay set aside; proceedings to continue
Legal Topics
Abuse of Process, Disclosure Obligations, Fair Trial, Stay of Proceedings, Wasted Costs, Police Misconduct, CPS Failures
Criminal Law Criminal Procedure Abuse of Process Disclosure Obligations Fair Trial Stay of Proceedings Wasted Costs Police Misconduct +1 more

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Parties

Regina

Appellant

DS

Respondent

TS

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Stay for Abuse of Process

Legal Issues

  1. 1 Whether grave failures in disclosure by prosecution and police justify a stay of proceedings for abuse of process
  2. 2 Whether a fair trial remains possible despite disclosure failures
  3. 3 Appropriate sanctions for prosecution failures

Ratio Decidendi

Despite grave and systemic failures in disclosure by the prosecution and police, the materiality of undisclosed documents was limited and a fair trial remained possible. Balancing the public interest in prosecuting grave offences and the integrity of the justice system, the stay was not justified; proceedings should continue, and sanctions may be imposed against the CPS and police.

Court Disposition

Stay set aside; proceedings to continue

Orders

  • Further disclosure to be made by 20 March 2015
  • Statements from Chief Constable and Chief Crown Prosecutor to be provided