Source · Select Committees · National Security Strategy (Joint Committee)
Recommendation 9
9
Accepted in Part
Many of the problems in this case stemmed from a lack of clarity over the...
Recommendation
Many of the problems in this case stemmed from a lack of clarity over the evidence. Given the complexity of national security cases we recommend establishing a requirement for a formal case conference within 30 days of such charges being brought, in order to identify potential evidential issues from the outset. Depending on the nature of the case, this should include the Crown Prosecution Service and its investigators; the Government witness and their legal representation; Counsel (if appointed) and if appropriate the relevant Law Officer in their superintendence role. Subsequent regular case conferences should be added as required. (Recommendation, paragraph 75) 49
Government Response Summary
The government agrees with the aim of strengthening coordination and developing guiding principles for future cases, committing to produce a new guidance product with the AGO, CPS, and Cabinet Office to improve understanding of evidential and disclosure requirements, but does not explicitly commit to formal case conferences within 30 days.
Government Response
Accepted in Part
HM Government
Accepted in Part
However, drawing on the in-depth report led by the JCNSS, the Government acknowledges there were misaligned expectations between the Crown Prosecution Service (CPS) and the Government and accepts that there is room for improvement in communications to clarify the capacity in which Government witnesses are providing evidence. The Government agrees with the Committee’s recommendation to undertake an internal exercise aimed at developing guiding principles that ensure expectations are aligned in future criminal cases and to strengthen coordination between policing, CPS and government departments on evidential and disclosure requirements. The Attorney General’s Office, the Crown Prosecution Service and Cabinet Office will conduct an internal exercise to produce a forward-looking, constructive guidance product to be used by government departments when required to provide evidence for national security prosecutions. Once finalised this guidance will be shared with the Committee and it will specifically provide clarity on: • The capacity of Government witnesses giving evidence in criminal proceedings, who they can share their evidence with (including other Government departments) and the principles of evidence and procedure in criminal proceedings; • How to optimise coordination between policing, CPS (or other prosecutorial bodies) and government departments to ensure collaboration and a shared understanding on evidential and disclosure requirements in criminal prosecutions; • The extent to which legal advice and draft statements subject to legal advice from government lawyers are properly subject to disclosure in criminal proceedings; • Whether a single witness statement is the right approach in future prosecutions, or whether the government instead prepares a position statement or relies on other materials.