Skip to content
Monday 17 August 2026London --:--Frankfurt --:--Zurich --:--
NewslettersSearchEN · DE
MorningWire

European business, markets and politics

FTSE 100
10,750.11
-0.21%
DAX
26,440.31
+0.53%
CAC 40
8,636.80
-0.16%
STOXX 50
6,539.59
-0.09%
  • Europe
  • Markets
  • Business
  • Economy
  • Technology
  • Politics
  • Opinion
More
GermanyFranceBankingAIEnergyFintechPropertyCapital Markets
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Economy
  • Technology
  • Politics
  • Opinion
  • DE
Thursday 11 October 2018 8:56 pm  |  Updated:  Tuesday 21 May 2019 4:23 pm

Disclosure failings the ‘biggest single cause of miscarriages of justice’, says outgoing watchdog head

By: Alexandra Rogers

Add as a preferred source on Google

NULL

The outgoing head of the body that investigates potential miscarriages of justice has said disclosure failings remain the "biggest single cause of miscarriages of justice" and called for a "targeted review" into existing convictions.

In a farewell speech delivered last night, Richard Foster of the Criminal Cases Review Commission (CCRC) said that "too often" there are instances "where the investigation and preparation of criminal prosecutions fall well short of the highest standards of integrity, conscientious and professional skill called for by the court over 20 years ago".

He said disclosure issues "were often only dealt with at the last minute, if at all…We see the evidence of this failure all around us."

The Crown Prosecution Service (CPS) and the Serious Fraud Office (SFO) have faced intense public scrutiny in recent months over failings in disclosure, which has led to the collapse of several rape trials in the case of the CPS.

Read more: Slaughter and May hires former Serious Fraud Office head David Green

The SFO has also been accused of failing to disclose evidence in the case of Tom Hayes, the former UBS and Citi banker who was the first person to be jailed for rigging the Libor interest rate benchmark. The CCRC is currently investigating Hayes' case after the Court of Appeal did not overturn his conviction.

Aspects of his case that have been referred to the CCRC include the SFO's choice of witness in both Hayes' trial and that of former Barclays trader Alex Pabon. The witness, Saul Rowe, was found to have texted people for help during Pabon's trial.

Hayes' legal team also referred Citi's $100m (£76m) settlement with a group of US states over allegations it manipulated the interest rate benchmark, which it said the SFO did not disclose.

Foster said: "In my view the only proper course now is for police and prosecutors to themselves initiate a targeted review of existing convictions; starting perhaps with those from police forces where we know from inspectorate work there are ongoing problems with the quality of their criminal investigative work," he said.

"If the state gets it wrong, it is the state’s responsibility to put things right."

A spokesperson for the CPS said: “We keep prosecutions under review throughout the life of the case. This means as they develop and progress, they can quite rightly be stopped at any time.

“In our recent review, we analysed why cases were halted and found nothing to suggest they would not have been stopped by the checks and balances built into the system. This is why we do not think a broader review is appropriate.

“We are conscious of the impact a trial can have on everyone involved. By making sure that disclosure is considered much earlier in the case, and by taking wider action to address culture, training and processes, we are confident that we can drive lasting improvements.”

The SFO declined to comment.

The National Police Chief’s Council has been approached for comment.

Read more: Businesses increasingly being asked to give up data without court approval

 

 

 

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business
  • Legal

Related Topics

Trending Articles

  • Jobs market ‘stops moving’ as employment costs weigh on hirers

  • House prices suffer biggest August slump in eight years 

  • Back bookshops in bid to rebuild high streets, Burnham urged

  • Aldi boss wades into supermarket ‘price-gouging’ row

  • Reform pledges £50bn savings in ‘generational’ benefits shake-up

More from Morning Wire

  • Andy Burnham pressured to safeguard jury trials after legal backlash

    Legal
    Andy Burnham speaking at a press conference, addressing current events and regional developments, wearing a suit and tie.
  • Rachel Reeves’ sister takes top legal role in Burnham’s Cabinet overhaul

    Politics
    Close-up of a business professionals hands typing on a laptop keyboard with financial charts on screen
  • Crown Prosecution Service caught using AI hallucination evidence

    AI
    Chicago Public Schools building exterior with students entering, reflecting urban education theme in a news article context.
  • Death Note: The Musical review – a high-shine, high school take on the trolley problem

    Life&Style
    Xander Pang Light and the cast of Death Note The Musical on stage with Tokyo cityscape projections
  • Policing alone won’t solve London’s shoplifting epidemic

    Opinion
    Shoplifting incident in retail store with security camera footage showing suspect concealing merchandise in jacket
  • Forvis Mazars and top partner hit with £600,000 fine for audit failings

    Accountancy
    Canada skyline representing the potential legal impact of Labours flexible working reforms on businesses
  • Lisa Nandy has set a terrible precedent by flouncing off Twitter

    Opinion
    Culture secretary Lisa Nandy has warned that the limbo over David Kogan’s appointment as head of the Independent Football Regulator is “obviously having real-world consequences”.
  • Nine in 10 LPs More Likely to Commit to Funds Using Leverage When Disclosure is Clear

    Business Wire
MorningWire

Independent European business, markets and political news for decision-makers.

Morning Briefing

Europe

  • Germany
  • France
  • Europe
  • UK & Ireland

Business

  • Markets
  • Banking
  • Technology
  • Energy
  • Property
  • Fintech

Editorial

  • Opinion
  • Editorial Policy
  • Corrections
  • Contact

Company

  • About Morning Wire
  • Privacy Policy
  • Terms of Use
  • Cookie Policy
© 2026 Morning Wire Ltd · Published by Morning Wire Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
Privacy · Terms · Cookies · Facebook