2018 CPS on disclosures

CPS website .....

The disclosure process during an investigation:

• When an allegation is made against someone, the police will begin an investigation. From the outset the police have a duty to record, retain and review material collected during the course of the investigation. The police reveal this material to the prosecution to allow for effective disclosure to the defence.  
• Disclosure obligations begin at the start of an investigation, and police have a duty to conduct a thorough investigation, manage all material appropriately and follow all reasonable lines of enquiry, whether they point towards or away from any suspect.
• If police believe there is strong evidence to suggest someone committed a crime they will present evidence to the Crown Prosecution Service, which decides if the person should be charged.
• When a defendant is charged with an offence the investigator will review all material gathered during an investigation – such as CCTV footage, statements from witnesses, mobile phone messages, social media conversations and photographs.
• The investigator will decide which items collected as part of an investigation are capable of having a bearing on any issue in the case.  This is called applying the relevance test.
• Some material will be used in the prosecution and will be part of the case. Some will be irrelevant and have no bearing on the case at all.
• Other material will be relevant to the investigation but is not part of the case. This is called unused material.  This material is reviewed by the disclosure officer and if any of it may undermine the prosecution case or support the defence it will be disclosed to the prosecutor.
• Prosecutors must provide the defence with the schedules of all of the unused material and provide them with any material that undermines the case for the prosecution or assists the case for the accused.
• A defence statement is submitted to the prosecution in Crown Court cases and in some Magistrates’ Court cases, which sets out the defence to the allegations and can point the prosecution to other lines of inquiry. The disclosure officer will then review all of the material held by the investigator and decide whether in the light of the defence statement, additional material is now relevant or meets the test for disclosure because it supports the case for the accused.

Since summer 2017, police, the College of Policing and the Crown Prosecution Service have been working to address the issues and in January 2018 we all committed to a joint action plan, called the National Disclosure Improvement Plan, to make changes.

The plan includes measures to:

• Create disclosure experts in every police force and CPS area
• Create a network of champions in every police force to make sure that advice and support is available to all who may need it.
• Introduce improvement plans for every police force and CPS area
• Provide all multimedia evidence from the CPS to the defence digitally
• Update training
• Set up a system for the CPS and police to better identify and deal with cases with significant and complex disclosure issues.

https://www.cps.gov.uk/disclosure

HMCPSI June 2017 Report .....

only 43.1% complied with non disclosures
up from 34.8% previously.

Can this explain the repeated acts by Cheshire Police and Chester CPS in hiding the evidence in these cases against Dobbie ?

The probability is highly suggestive of wilful corruption.

Disclosure
4.27 We assessed that the duty of disclosure of unused material was complied with fully by prosecutors in 56.9% of applicable cases within the file sample. This was an improvement on the previous inspection when only 34.8% of cases met expectations, although there is still significant room for improvement.
4.28 CPS disclosure was hampered by the standard of police compliance with their disclosure requirements, which has been a long-standing issue. In this inspection it fell below the required standard in 40.7% of cases, a slightly worse result than last time (38.5%). In 19.5% of those cases the police did not supply a schedule, in 18.3% the items were poorly described, and in 5.4% they were wrongly listed. At the time of writing a national thematic inspection on disclosure is nearing conclusion, it was jointly undertaken by HMCPSI and HMIC and will report and reflect on this topic in greater detail, although its focus is on Crown Court cases.
4.29 In one CPS Area a lack of understanding on the part of police disclosure officers as to how to deal with unused material (in conjunction with the perating mechanisms of the police IT system) resulted in no Streamlined Disclosure Certificate (SDC) being produced as required, or a blank one being produced in error. This highlights the need for the CPS to provide feedback
on disclosure failings and to work more effectively with the police to drive up performance, both by disclosure officers and their supervisors. We have already made reference to the need for the CPS to ensure that the National Police File Quality Assessment monitoring is used consistently as a tool to drive up poor performance and re-iterate that necessity.

[ link to report ]

Non Disclosures Short History 1
Non-Disclosure as defined by A.G. guidelines on disclosure 28th June 2017. The evidence of ND is evidenced in comparing multiple court documents with the evidence supplied by both defence and prosecution. In it's commonest form in these cases involving Dobbie, it is mostly clear ommissions, and the disengenuous ignoring hyperlink evidence when it suits the prosecution.

Date

Event

Non Disclosures By

Feb 2006

CAD lied and manipulated CP (Cheshire Police) to assist her in the crime of abducting a child who was protected from removal by a Prohibited Steps order with power of arrest for anyone attempting or carrying out the abduction.

ND of CP assisting in crime of abducting child.
ND of CP assaulting Tom Dobbie.

March 2006

TWD gets full custody of daughter. CAD leaves.

Details of abuses recorded by CAFCASS and SS ignored by CP and CPS forever forwards

CAD returns pregnant. TWD takes extensive actions to assist her fitting back into the family, but situation gets more and more volatile and abusive from CAD to children and dad.

Nov 2009 Dad reports CAD child abuses to Social services. Social services report CAD as violent and abusive against her children. CAD reports herself. Dad made primary carer to protect the children. However, CAD gets more volatile, abusive and violent to the children and dad.

July 2010

Having yet again assaulted her toddler son and her husband (TWD), CAD lies and manipulates CP to assist her covering up her crimes, and falsely accuse the victim (TWD) of assault. CAD abuses children now with CP protection. CAD steals occupancy of family home, abuses children, her husband, and sets about destroying company records. CP act as wilful proxy to abuse.

No investigation by CP.
CP ignore evidence.
CP ignore witnesses.
ND by CP.
CPS ignore evidence.
CPS ignore witnesses.
ND by CPS

July 2010 Cheshire police originally offered Dobbie a caution. Dobbie refused and asked them to investigate properly. Cheshire police refused to investigate a lengthy list of abuses and assaults carried out by CAD. CP refused to interview the children even though they were told there were marks on them. CP refused copious reports by professionals copied onto Dobbie's computer, which was in the police station as Dobbie is being interrogated. CP refused to interview the older child, or friends of the family who all knew about this abusive mum assaulting her children. Clear refusal to follow investigation rules set by CP.

Jan 2011

Magistrates court. Victim (TWD) found guilty of over reacting in defence of toddler and himself from substantial assaults by CAD.

ND by CP.
ND by CPS
Both ignored evidence and witnesses.

May 2011

Victim (TWD) cleared in Crown Court on appeal from above miscarriage of justice. CAD still has stolen occupancy of home and destroyed Dobbie's business, had his car destroyed and all with assistance from KR, CP, CWAC.

ND by CP
ND by CPS.

May 2011

Full re submission of crimes and evidence to Cheshire police – including evidence from Crown Court. CP refuse to investigate lengthy list of crimes carried out by CAD. Blatant refusal by CP to follow investigation rules of CP.

May 2011

With TWD being prevented from protecting his daughter, she is consequently raped and assaulted more. Daughter refuses to return to mum’s house. CAFCASS report abuses of the children by mum and her new partner. Dad has 100% custody and CAD recommended to have psychiatric help because of her extreme abuse (spitting in daughter’s mouth etc.).

Nov 2011. Cheshire West cover up the rape, sexual assaults and abuses of the children. Cheshire police also cover up. One of the many official documents showing this cover up is the 2011 CIN meeting report. Cheshire police input says no rape, sexual abuses, assaults ever took place. Cheshire West having originally reported mum as violent and abusive, then cover it all up after the police negligence in July 2010, and now carry out extensive applications to the court until a family court judge (Barnett) wilfully covers up the rape, sexual abuses, violence and psychological abuses. Munby said judges and professionals can be criticised as long as children’s names are not exposed – so, dad exposes the cover up of the children’s abuses by family court, social services and police. What subsequently follows is ongoing abuse of power, abuse of process, unlawfulness and criminality by police, cps, and judiciary to cover up.

2014 Feb

For publicly reporting the crimes that Cheshire Police are assisting in, Dobbie is charged and remanded with stalking and harassment of the child abusers by Cheshire police.

ND by CP.
ND by CPS.

2015 April

Acquitted in Crown Court.

ND by CP
ND by CPS

2015 April

Injunction unlawfully applied for immediately on acquittal by CPS and unlawfully approved immediately by Judge Woodward. CPS never investigated all the crimes they had just heard in the trial evidence, let alone the entire evidence they were given access to, but instead, applied for the injunction to bury the evidence of their negligence.

ND by CPS
Ignoring extensive evidence by CPS
Ignoring witnesses by CPS.
Ignoring the victims by CPS.
Gagging the victims by CPS.

2016

Dobbie arrested and charged by CP into ~6 months remand yet again to gag Dobbie.
Evidence supplied by CAD/KR has been obtained by stalking Dobbie and hacking his information systems. Documents contain evidence of crimes against Dobbie by CAD/KR/CP , that CP and CPS simply ignore.

ND by CP.
Ignore evidence CP
Ignore witnesses CP
Ignore procedures CP
Abuse of process CP
ND by CPS.
Ignore evidence CPS
Ignore witnesses CPS
Ignore procedures CPS
Abuse of process CPS

2016

2017

Unlawful trial with no evidence, no jury, no witnesses - not even all the way through trial case management.

as above, but now including trial judges

2017

Unlawful granting of CBO (abuse of process, abuse of power, perverting the course of justice).

as above, including trial judge

2018

TWD arrested and charged for reporting the ND’s and unlawfulness by Cheshire Police and CPS to the Attorney General.

ND by CP.
ND by CPS.

There are more than 20 SETS of Non-Disclosure by  CP/CPS/Judiciary - not including the trumped up evidence of the CPS. If we assume conservatively that each set of non-disclosures has 10 significant items, this gives 200 significant non-disclosures. With this large number of non-disclosures, then these acts by police and cps are criminal.