Liam Allan - What Happens When the Justice System Fails

The sorry tale behind the collapse of the trial of Liam Allan will come as no surprise to experienced criminal defence lawyers. It reveals widespread systemic failings in the disclosure process that legal practitioners have been warning of for some time.

Allan was accused of rape and sexual assault. His defence was that any sexual contact that took place between himself and the complainant was consensual. The Prosecution’s case rested largely on the complainant’s account – in short, a classic case of her word against his. This is often the situation in sexual assault allegations which generally take place in private settings without any independent witnesses.

It took two years from his arrest for his trial to be heard in the Crown Court. Before the trial his lawyers had repeatedly asked the Prosecution to disclose text and social media messages between Allan and the complainant from her phone. Contrary to clear guidelines on disclosure which required the Prosecution to handover information potentially useful to the defence, the officer in the case failed to do so. It was not until the trial had begun this material was brought to the attention of the Prosecuting barrister, Jerry Hayes, a former Tory MP. He ordered it to be handed over immediately. On inspection, the messages vindicated Allan. The complainant had messaged him asking for sexual contact and spoke of a desire for violent sex and rape fantasies. In other messages to friends she said that no crime had been committed by him.

To Mr Hayes credit the Crown dropped the case as soon as he became aware of this material. Mr Hayes also made a public statement recognising that “a very serious miscarriage of justice“ had only narrowly been averted.

Liam Allen’s two years of “living hell” should have been avoided. If the system had operated correctly these messages should have been passed by the officer in the case to the CPS before a decision on whether to charge was made. As the messages directly contradicted the complainant’s account a decision to drop the case as there was no reasonable prospect of conviction in this matter should have been inevitable.

Worryingly, collapsed trials following disclosure failings are not uncommon. A report by the Justice Gap In 2017 found that the police did not properly disclose evidence in 4 out of 10 Crown Court trials.

The case of Liam Allen is therefore but an extreme example of an ongoing problem that the authorities must now address. At the heart of the problem is the designation of a police officer as the gatekeeper for disclosure of evidence to the defence. Experience shows that officers often discount any evidence that goes against their theory of the case. An urgent review of the disclosure framework is required. BSQ welcomes the forthcoming enquiry that has been announced by the CPS. No one should have go through the type of ordeal Liam Allan experienced.

The case also highlights the essential work that is done by criminal defence lawyers in protecting the innocent against the powers of the state and ensuring our justice system works properly. At BSQ, we are often instructed in sexual assault allegations and have a track record in persuading the CPS not to charge in these types of cases, on many occasions after we have vigorously pursued requests for the disclosure of potentially evidence exculpatory evidence pre-charge.

For more information on our specialisation on defending individuals accused of sexual allegation practice page.

If you require advice or assistance in relation to a sexual assault allegation please contact our London offices for a confidential consultation.