Artificial intelligence could be used to sort through evidence in the wake of the CPS disclosure scandal

The failure of police and prosecutors to routinely disclose crucial evidence has caused ‘untold damage’, the Government admitted yesterday, suggesting artificial intelligence is now needed to comb social media of alleged victims. 

In a devastating review, the Attorney General Geoffrey Cox said a series of “system-wide” problems had led to innocent people “being pursued” wrongly through the courts.

The review was prompted by scandals that included the prosecution of Liam Allan, who was charged with 12 counts of rape and sexual assault only for the case against him to be dropped. 

It emerged that police had failed to find key evidence on the alleged victim’s mobile phone out of thousands of messages that showed she had pestered him for “casual sex”.

The 72-page review found a catalogue of errors in how the police and Crown Prosecution Service (CPS) deal with disclosure. It also made a number of recommendations that included using artificial intelligence (AI) to comb through social media posts of complainants.  

Mr Cox revealed a series of problems with disclosure of evidence, not just in sexual assault and rape cases but also in other crimes, including fraud. The spread of digital technology has resulted in vast quantities of data becoming available that police struggle to investigate fully. “There needs to be a systemic identification of the way in which AI can assist with the process of disclosure,” the report states.

Publishing the review, the Attorney General’s Office said: “Disclosure obligations begin at the start of an investigation, and investigators have a duty to conduct a thorough investigation, manage all material appropriately and follow all reasonable lines of inquiry, whether they point towards or away from any suspect.

“The review found that this was not happening routinely in all cases.

“At the least this caused costly delays for the justice system and at worst it meant that cases were being pursued which the evidence did not support.

“The impact of these failings caused untold damage to those making allegations and those accused of them.”

Confidence in the criminal justice system was dealt a blow last year after a flurry of cases collapsed. In the lead-up to trials, police and prosecutors are required to hand over relevant material that can undermine the prosecution case or assist the defence.

The regime came under sharp focus after a string of defendants facing rape allegations had charges against them dropped when critical material emerged at the last minute.

Sam Armstrong, who was cleared of rape last year but only after evidence was disclosed to his defence team eight days before trial, welcomed the review. Mr Armstrong, who had been chief of staff to a Conservative MP, said: “The report’s catalogue of nine serious errors in the CPS’ whole approach to disclosure is devastating in both breadth and depth.  Just one such serious failing could have caused a miscarriage of justice – taken together the nine have thrown the whole justice system into turmoil.”

He and others have been highly critical of the CPS under Alison Saunders, the former Director of Public Prosecutions (DPP).

Mr Armstrong added: “There can be little doubt that innocent people today sit rotting in jail as a direct consequences of disclosure handled under Saunder’s regime. The report cannot be clearer: disclosure has been mishandled and mismanaged, by consequence of which mistakes have been made.  It will constitute the ultimate epitaph of failure for the previous regime at the CPS.”

The CPS had launched its own review of every live rape and serious sexual assault prosecution in England and Wales and found issues with the disclosure of unused material in 47 cases.

The separate Government assessment published on Thursday examined cases in the magistrates’ courts, as well as more complex crown court cases and specialist types of case, including economic crime and sexual offences.

While welcoming steps already being taken by police and the CPS to address the issues, Mr Cox called for a “zero tolerance” culture on disclosure failings.

Emily Bolton, legal director of the Centre for Criminal Appeals, said: “While this review accepts that there are serious problems that need fixing, it ignores the plight of those who are already wrongly imprisoned because of police and prosecutors failing to disclose key evidence.”

Max Hill, the new DPP, said: “Rebuilding public confidence following the issues around disclosure is crucial and I welcome the Attorney General’s recognition of the progress that has been made.”