What happens when evidence isn't kept? The case of Roger Kearney

Criminal investigations can result in the collation of a huge volume of materials, both physical and digital. Even a ‘run of the mill’ investigation can generate tens of thousands of pages of data downloaded from multiple digital devices. As well as often copious paper documents, seized (and created) materials can range from microscopic particles to large vehicles or even body parts.

Following any resulting conviction, or a decision to close an unsolved case, there must be ongoing retention and storage of these materials. High-profile miscarriages of justice have often only been remedied when there has been defence access to materials post-conviction. There is also an imperative for police forces to retain evidence in investigations where no perpetrator has been detected or convicted, to facilitate necessary cold case reviews.

Diligent storage and retention is especially critical in respect of physical materials that could be subject to forensic examination. With the progress of science and technology, and the interpretation of results, it is essential that such physical – and now often digital – materials are retained for future (re)evaluation.

In light of huge variance in retention practices across the 43 police forces of England and Wales, in 2017 the National Police Chiefs’ Council (NPCC) issued new national guidance – ‘Guidance Regarding the Storage, Retention and Destruction of Records and Materials that have been seized for

forensic examination. Version 2.1’.

What is now needed is to ensure that this national guidance is followed and the resources required to properly adhere to the new rules are forthcoming. This should resolve the problem of the loss and destruction of materials that are critical in ensuring justice if the criminal justice process has resulted in a wrongful conviction, or a case has failed to be resolved.