In the past year, over a dozen homicide prosecutions and more than 100 sexual offence cases in England and Wales were halted before reaching trial due to lost or missing evidence, according to information obtained by the Guardian. This data, sourced from a Freedom of Information (FoI) request by criminal justice experts, highlights growing concerns regarding the police’s management of vital evidence. Such evidence encompasses DNA samples, CCTV recordings, weapons, narcotics, and mobile phone records.
Between September 2021 and September 2022, 7,316 cases were prematurely terminated due to lost or inaccessible evidence across police forces in England and Wales. This figure includes 16 homicides, which represent 1.3% of the total homicides, and 123 sexual offences, accounting for 1% of such cases. In comparison, from October 2018 to August 2021, 20,838 cases were dropped, with 42 homicides (1.1% of the total) and 364 sexual offences (1.2%).
Prof Carole McCartney, a criminologist at the University of Leicester, commented on the situation, stating, “This reveals the glaring gaps in our criminal justice system. Without evidence, prosecutions can’t proceed, wrongful convictions can’t be appealed, and cold cases remain unsolved.”
These alarming statistics come amidst criticism directed at the police and the Criminal Cases Review Commission (CCRC) for their handling of scientific evidence, especially in light of the Andrew Malkinson case. Malkinson was recently cleared after serving over 17 years for a rape he didn’t commit, even though another individual’s DNA was discovered on the victim’s attire in 2007.
The National Police Chiefs’ Council clarified that the data pertains to instances where evidence was “lost” and other situations where evidence, such as expert testimonies or social service records, was “unavailable” to the police or the Crown Prosecution Service (CPS).
Earlier this year, a report on the Metropolitan police spotlighted the poor state of scientific evidence storage, mentioning issues like overcrowded and deteriorating fridges and a freezer malfunction during the 2022 heatwave, which led to the destruction of all its contents and the subsequent dropping of related rape cases.
Interviews with current and former officers revealed challenges in evidence storage across police forces in England and Wales. Some of the issues highlighted include unsecured narcotics left on desks for days, unsealed exhibits stored in drawers and beneath desks, and overloaded freezers that functioned more as storage units than freezers.
McCartney added, “These issues aren’t exclusive to the Met. They’re happening behind closed doors everywhere. The police’s custody of forensic evidence isn’t monitored or regulated, and no one is inspecting it. It’s crucial for the criminal justice system, yet it’s being overlooked.”
Currently, the government’s Forensic Science Regulator has the authority to shut down private labs that don’t adhere to quality standards. However, this power doesn’t extend to the police’s custody of scientific evidence before and after trials.
Prof Peter Gill, a DNA fingerprinting pioneer, attributed the crisis to the 2012 closure of the Forensic Science Service. This move transferred the responsibility of retaining scientific evidence from a central archive to the 43 police forces in the country. He remarked, “This is what happens when commercial interests take precedence. No other nation follows this approach, and for good reason.”
In light of the CPS data on dropped cases, Prof Denise Syndercombe Court, a forensic geneticist at King’s College London, expressed her shock, calling the numbers “extraordinary” and “appalling.” She advocated for the re-establishment of a national forensic science archive to preserve evidence for major crimes.
A representative for the National Police Chiefs’ Council stated, “The police and the CPS collaborate to ensure evidence is collected and presented promptly. If there are issues with evidence in a case, the CPS will address them with the police for any necessary action.”