Petition updateMandate Full Disclosure of Evidence Post-Verdict in Criminal TrialsQuis custodiet Ipsos custodes?
John DaltonLondon, United Kingdom
Mar 11, 2024

Who watches the watchers?

In modern contexts, this phrase is often used to discuss issues such as tyrannical governments, corruption, and overreach by authorities. Sadly the answer to the question, in todays British justice system is, nobody is watching the Watchers!

This of course is a problem, for as Cardinal Richelieu is famously quoted as having said:

“If you give me six lines written by the hand of the most honest of men, I will find something in them which will hang him.”

There is growing evidence of numerous miscarriages of justice in the UK. These largely stem from changes to the disclosure Act (CPIA1996) and it's narrow interpretation by the authorities, which is not as was originally intended by Parliament.

Prosecutors assess the evidence against defendants, and unchecked, make the assessment as to what evidence is to be disclosed in criminal proceedings. There is no possibility for defendants to verify that the decision on limited disclosure has been made correctly, without errors or omissions. 

Surely it is logical that those who continue to protest their innocence following their conviction, should at the very least be able to review all of the evidence the authorities hold and verify that all relevant evidence was disclosed before their trial as intended by Parliament?

Yet this is not the case, material that has not been disclosed remains concealed from view, denying defendants the right to verify that the disclosure test was properly met by the authorities. Could this be why, depending on which statistics we are to believe, that there is a miscarriage of justice in between 10% and 34% of all criminal convictions in the UK today?

The consequences are profound: innocent lives are ruined, and perpetrators may escape punishment. The cost to society is immense. For instance, consider the Horizon scandal, where wrongful criminalization led to devastating outcomes. To address this, we must continue advocating for transparency, rigorous oversight, and fair processes to ensure that those who watch over others are themselves held accountable

Wrongful convictions often represent equal numbers of perpetrators remaining unpunished, thus there is a huge cost to society. If we are to continue to promote our country as one that has a world class justice system, this situation has to change.

You can help to bring about this change now by signing this petition if you have not already done so, and by sharing it with others. Please also consider bringing this issue to the attention of your local MP.

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