CPS lambasted over data disc blunder that left killers and rapists to reoffend

By Daily Mail Reporter
Updated: 09:07 EST, 21 May 2008

An inquiry into how a disc containing DNA profiles of 2,159 individuals linked to serious crime abroad went unchecked for a year has identified "significant shortcomings" by the Crown Prosecution Service.

Attorney General Baroness Scotland said today that the delay in dealing with the data sent by Dutch authorities was "highly regrettable".

She said that all such arrangements for exchange in future should be subject to ministerial approval.

The discovery of the data blunder in January sparked an urgent manhunt for foreign criminals wanted for serious offences, including rape and murder, in the Netherlands but left at large in Britain for up to a year.

At least 11 of the individuals committed crimes, including assaults, in this country while the disc lay unattended to on a desk for at least a year.

The review was carried out by Crown Prosecution Service (CPS) chief executive Peter Lewis.

Mr Lewis said the CPS "apologises unreservedly" for its failures.

His report found that the data was "unexpectedly" sent to the CPS, not the police, through the ordinary business post and not addressed to any particular individual or department.

There was a slight delay in getting it to the correct lawyer, who finally received it in April 2007 before commencing "a lengthy and unexpected period of absence" without arrangements being made for its transfer to the police.

Despite queries being raised about where the disc was later that month and again in August 2007, no one wanted to disturb the individual concerned due to the nature of the absence - which is not detailed in the report, he found.

No senior manager was informed of the problem and when the Dutch were asked for a fresh copy, they "were more concerned about the whereabouts of the original and the matter was not pursued".

Although the lawyer returned to work at the end of October, "in keeping with the unfortunate history of the matter there followed an almost casual exchange of information over the next two months", the inquiry found.

The disc was eventually collected on January 11 this year.

The inquiry found no evidence that the disc was copied or ever left the CPS building and blamed individual failings - now the subject of disciplinary action - not any "systemic" failing by the organisation.

In his conclusion, Mr Lewis wrote: "Given the groundbreaking character of this initiative, the fact that with hindsight it is possible to identify some weaknesses in its implementation is perhaps unsurprising.

"The most serious of these is the extremely regrettable failure of CPS personnel to deal appropriately and expeditiously with the disk of DNA profiles unexpectedly entrusted to the CPS.

"For this failure, and the delay to the process caused by it, the CPS apologises unreservedly.

"Action has already been instigated to address this failure, both in terms of staff disciplinary and other management action and internal procedural changes.

"These should prevent any similar occurrence in the future."

In a written statement, Baroness Scotland said the inquiry had shown there was "potentially immense value in these exchanges of data and in the investment the UK Government has made in establishing a DNA database.

"The exchange of information may lead to the prosecution of criminals who would not otherwise be brought to justice.

"However, the report reveals significant shortcomings in the way in which this process was planned and implemented.

"The report sets out that at no time had it been agreed that the Dutch DNA disc should be sent to the CPS, and that it should rather have been sent to the UK Central Authority.

"But there was a highly regrettable delay to the process while the disk was in the possession of the CPS."

Among recommendations in the report was that future discussions of such deals to exchange DNA information "should result in the production of a written agreement or protocol, and Ministers should be informed, before the mutual exchange arrangements are implemented".

It said the agreement should set a clear timetable and name individuals responsible for each step of the process.

Baroness Scotland said all the recommendations have been accepted and the National Policing Improvement Agency would take the lead on implementing them.