Latest news with #prosecutions
South China Morning Post
8 hours ago
- Politics
- South China Morning Post
Contrary to naysayers, Hong Kong's national security law is working well
With the enactment of Hong Kong's national security law on June 30, 2020, acts of collusion with foreign countries to endanger national security, secession, subversion and terrorist activity were criminalised. As discussed at a recent forum to mark the law's fifth anniversary , the 'one country, two systems' policy has operated smoothly since. The national security law has been applied throughout with great restraint by the authorities, with prosecutions only resulting when absolutely necessary. Between July 1, 2020 and May 1, 2025, 185 people and five companies were prosecuted for offences in connection with endangering national security, including under the national security law, the Safeguarding National Security Ordinance passed last year and the now-repealed sedition offence under the Crimes Ordinance. About 170 people and one company have finished court proceedings, with most defendants convicted. These figures give the lie to foreign claims that thousands have been indicted. Moreover, the conviction rate of over 95 per cent in national security trials shows great care is being taken in investigating these cases and prosecuting them. As elsewhere in the common law world, the courts can only convict defendants if satisfied of their guilt beyond reasonable doubt; the conviction rate illustrates the strength of the cases they have tried. As the national security law contains new procedures, there were concerns over how these could be integrated into the legal system. However, the courts have sensibly interpreted the national security law in ways that are equitable and realistic.
BBC News
06-06-2025
- General
- BBC News
Thousands of criminal cases collapsing due to missing or lost police evidence
Thousands of criminal cases - including some of the most serious violent and sexual offences - are collapsing every year because of lost, damaged or missing evidence, the BBC has than 30,000 prosecutions in England and Wales collapsed between October 2020 and September 2024, data from the Crown Prosecution Service (CPS) include 70 homicides and more than 550 sexual chiefs say not all the cases relate to lost evidence and the figures include situations where officers may not be able to find an expert witness or get a medical statement. However, it follows a series of damning reports about how police forces are storing evidence.A leading criminologist says the increase was largely "a resourcing issue" brought about by cuts to police forces throughout the ex-police officers told the BBC it was unsurprising and the amount of evidence they deal with is "overwhelming".When police forces build cases around defendants they hand a file to the CPS. But when the CPS cannot proceed to trial because police do not have the necessary evidence needed to secure a conviction - they record it in their data as an "E72".The BBC, alongside the University of Leicester, managed to obtain Freedom of Information (FOI) requests showing the number of E72s recorded between 2020 and 2024 at police forces in England and can include:Physical evidence - including forensic evidence - being lost, damaged or contaminated during storageDigital evidence, such as victim interview footage or body camera footage, being lostWitness statements or pathology reports not being made available by policeKey evidence not gathered from the crime sceneThe figures obtained by the BBC do not break down why cases have the data does suggest the number of cases recorded as an E72 are increasing, with a higher proportion of prosecutions failing to result in a conviction because of lost or missing evidence each 2020, a total of 7,484 prosecutions collapsed because of lost, missing or damaged evidence. In 2024, that had risen by 9%, to 8,180. 'It can really affect someone's mental state' When Kiera was just nine years old she gave an interview on camera to Lancashire Police describing the harrowing details of the sexual abuse she had been subjected to over several a few months later, she says, police officers told her mother they had lost the recording."It was really hard, because I sat there for hours and hours telling people what had happened to me and for that to be lost, I just thought like what's the point in doing it again?" said Kiera, now 19."They did want me to do it again, but I just couldn't go through with it at the time."It wasn't until nine years later, when Kiera was an adult, that she felt strong enough to provide her evidence October 2024, her perpetrators were jailed for almost 30 years for raping and sexually assaulting seven children, including her."It can really affect someone's mental state. It's also not protecting other people because these people then don't get convicted of crimes."A Lancashire Police spokesperson apologised for the lost interview disc in her case, and said, since 2015, it had introduced new processes to prevent similar issues happening again. 'The amount of it is overwhelming' Former police officers have told the BBC they are not surprised by the findings."It's [evidence] chucked all over the place," said one former officer."The amount of it is overwhelming… it's unsurprising it gets lost or damaged," another told the Carole McCartney, a criminologist and expert in evidence retention believes the loss of the dedicated Forensic Science Service (FSS) in 2012 is one of the reasons behind the growing proportion of cases affected by unavailable 2012, all police forces could send exhibits that needed storing or analysing to the service, but the government-owned company was closed that year after making large then, police forces have had to make their own evidence storage arrangements and contract private providers for forensic McCartney said she had witnessed an officer pull out what he called a "box of horrors" from underneath a desk which contained various pieces of un-catalogued evidence including a plastic bag with a broken wine bottle in it and a car numberplate. All Items held by the FSS from before 2012 were moved to a different facility - the National Forensics Archive just outside of Birmingham - that year, but that archive is for unsolved cases only and does not accept new in the archive were crucial in overturning the convictions of both Andrew Malkinson and Peter Sullivan. Its director Alison Fendley says that without a dedicated forensic service, police forces were currently suffering from a lack of resources and expertise at a local level."Police forces have got lots of other things to do - archiving is not their day job and there's so much material coming and going it must be difficult to keep on top of," she backlogs at courts, the growth in online crime and the increase in digital evidence such as body worn video are all adding to a growth in the amount of exhibits police have to National Police Chiefs' Council (NPCC) said police and the CPS worked together to ensure evidence was "gathered and presented in a timely manner, bringing offenders to justice and ensuring victims are safeguarded".It said the data obtained by the BBC refers to all evidence that is either missing or unavailable when a defendant is going to trial after being this could include situations where police cannot find an expert witness or may not be able to obtain a required medical statement. A number of recent reports have raised serious concerns about police storage of 2022, His Majesty's inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) found police forces were "struggling to meet the demands placed on it by the digital age" as a result of the fast growth in digital University of Leicester's study into police retention of investigative materials, found three quarters of lawyers it surveyed had worked on a criminal conviction where evidence had been lost, destroyed or contaminated. Almost half claimed this had happened on multiple Baroness Casey's 2023 review into the culture of the Metropolitan Police found officers having to contend with "over-stuffed, dilapidated or broken fridges and freezers containing evidence including the rape kits of victims".It found an "overworked and inexperienced workforce" lacked the "infrastructure and specialism" for dealing with sexual offences, which existed before a specialist unit was disbanded in BBC study found around one in 20 prosecutions by the Met had been dropped as a result of missing evidence between 2020 and comparison around one in 50 were dropped across England and Met said the number included situations where police could not find an expert witness or were not able to obtain a required medical statement and to suggest it was simply down to lost evidence was acknowledged that on "a rare number of occasions" evidence is misplaced, adding: "We continue to make improvements to our recording systems to minimise this risk."The Home Office refused the BBC's offer to NPCC said: "When evidential issues occur in a case, the CPS will raise this with police for any action deemed necessary and we will work together to ensure these are resolved wherever possible."The results of a consultation by the Law Commission, which proposed re-establishing a national forensic service and making the mishandling of evidence a criminal offence in some circumstances, are set to go before Parliament next week. Additional reporting by Catherine Heuston and Claire Jones.
