The Crown Prosecution Service (CPS) failed in its disclosure duties in nearly half of all cases subjected to a review by HM CPS Inspectorate.


After examining 152 cases in eight CPS areas during spring last year, the inspectorate found prosecutors did not disclose documents that might assist the defence at the outset of proceedings in 43% of cases.



However, prosecutors properly complied with disclosure duties in 71% of cases once proceedings were under way.



The report, published this week, found non-compliance was generally a result of procedural problems and called for a more consistent approach to describing and examining unused material and the recording of disclosure decisions.



The inspectorate stressed the breaches would not give rise to potential miscarriages of justice.



A CPS spokesman said it had taken action to address the issues raised in the report.



He added: 'Non-compliance by other players in the criminal justice system such as the police, the self-employed bar, defence practitioners and the judiciary also cause, contribute or add to problems.'



Ian Kelcey, chairman of the Law Society's criminal law committee, welcomed the 'robust report' and suggested all documents should be made available to the CPS, so it could make decisions on an informed basis.



He said: 'This will have resourcing implications, but government, if it wants a fair system of justice, has to provide those resources.'



Catherine Baksi