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Third party material requests in RAOSO “not functioning effectively”

paul webb (20/01/23 @ 16:56)

Wait for the first miscarriage of justice when a bloke gets convicted of rape and it turns out the accuser is a serial complainer or someone who has had mental health issues or even worse her social media accounts show that they were in a consensual relationship which he ended and she took her revenge by shouting rape. They are going to be consequences to this. Defence teams will still want to go on fishing trips and if the police have not ticked off every box the defence will be screaming that the prosecution is hiding vital evidence

Anonanon (22/01/23 @ 00:22)

Police always seem to be the fall guys to these reviews. Rock and a hard place between CPS and defence. CPS are very risk averse and nowhere near as robust as they should be for challenging disclosure requests in general, which often seem just a cut and paste list of demands with no rationale or basis given as to the requirement.

Jensen2021 (23/01/23 @ 23:20)

Spot on. I’ve gone through many a phone download where I’ve found messages that completely undermines the case so much that we NFA’d it there and then. If I didn’t do that, somebody could have eventually been falsely charged, and dare I say it, wrongly convicted. And it can happen to anyone from any walk of life. I completely get the right to privacy, but any defence lawyer worth their salt will request it later down the line anyway, for this very reason

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