The Warehouse Keys That Keeps Getting Lost: Why So Many Magistrates’ Court Cases Collapse on Disclosure
A suspect is interviewed under caution. They give their account - sometimes pointing police towards evidence that could support their innocence or undermine the case against them.
The Officer in the Case (OIC) then compiles the MG6C - the schedule of unused material. Think of it as a warehouse inventory of everything the prosecution won’t be using at trial. By law, anything which might reasonably undermine the prosecution case or assist the defence must be disclosed.
At the plea hearing, the defendant enters a not guilty plea. The court orders the Crown to serve all its evidence and the unused schedule within 28 days.
In reality, that deadline is often treated as optional.
The schedule frequently arrives late - sometimes on the morning of trial - and quite often, not at all.
If the defence wants to inspect items from the warehouse, they serve a defence statement requesting them. The Crown must respond. If they refuse, the defence can make a section 8 CPIA application to the court.
But here’s what happens far too often: the case reaches trial day with the schedule still missing. The Crown applies for an adjournment. The defence oppose it, citing the missed deadlines and chasing correspondence. If the court refuses, the prosecution has no choice but to offer no evidence.
Case dismissed. Defendant walks free. The taxpayer pays for another collapsed trial. The complainant, sitting in witness care, is left wondering why their case simply vanished.
This isn’t a rare disaster - it happens across every Magistrates’ Court in England and Wales, week in, week out. Thousands of trials go down the drain every year due to disclosure failings.
The Attorney General’s Guidelines say disclosure should be completed “in a thinking manner… and not simply as a schedule completing exercise.” In practice, it has become exactly that - a tick-box exercise that is not actioned in time, or at all.
This may not be a single scandal on the scale of the Post Office, but the sheer volume of these failures, day in and day out, makes it one of the most significant ongoing problems in our criminal justice system.