England: Surge in prosecutions collapsing because of evidential failures

In 2017, 916 people had charges against them dropped because evidence had not been disclosed, a dramatic increase on 2014-15’s figure of 537.

Police and prosecutors have a duty to disclose any evidence that could assist the defence case or undermine the prosecution’s.

Last month the trial of Isaac Itiary – accused of raping a child – collapsed after it emerged the girl, who was 16 at the times of the incident, had told the defendant she was 19.

The trial of Liam Allan also collapsed in December. Mr Allan had faced 12 counts of rape and sexual assault.

But evidence was revealed which showed the complainant had actually pestered him for sex.

And this month, the case against Samson Makele, 28, collapsed. He had been accused of raping a woman he met in 2016 at the Notting Hill Carnival.

Photos which had not been disclosed by police showed the pair cuddling in bed.

A rape charge against Oliver Mears 19, a student, was dropped last week after evidence emerged in the form of the alleged victim’s diary which supported Mr Mears’ account of events and his plea of not guilty.

Surrey police said its investigation had been flawed.

Chief Constable Nick Ephgrave told BBC Radio 4’s Today programme: “For too long disclosure has been seen by many officers as something that is subsequent to an investigation, ie. an administrative process at the end, rather than something that should be integral.”