Each year, thousands of criminal cases-many involving the most serious allegations-are collapsing in England and Wales before they ever reach trial. According to a BBC investigation, over 30,000 prosecutions have fallen apart between October 2020 and September 2024 because the police were unable to provide the necessary evidence to secure a conviction.

These are not minor offences. Among the collapsed cases due to missing evidence were 70 homicides and over 550 sexual offences. The consequences for victims, defendants, and the wider public are profound-and deeply troubling.

The BBC reported that the number of cases discontinued under a E72 categorisation rose by nearly 10% between 2020 and 2024.

What is an “E72”?

When the Crown Prosecution Service (CPS) is forced to discontinue a case due to insufficient evidence from the police, they classify it as an “E72”. This could include:

• Physical evidence being lost, contaminated, or damaged.
• Digital evidence-like victim interview recordings or police bodycam footage-being misplaced.
• Witness statements or forensic reports not being made available.
• Or key evidence never being collected in the first place.

At first glance, “missing evidence” sounds like carelessness or administrative failure. But the truth is more complex.

Misunderstood statistics?

Some forces, such as Northamptonshire Police, have pushed back on the interpretation of E72 statistics. That’s because E72 doesn’t always mean evidence is physically missing. They retorted that in one recent case, a sexual offence prosecution was halted because the complainant no longer wished to attend court. Without their testimony, there was no realistic chance of conviction. The case was filed under E72, despite no evidence being “lost” in the traditional sense.

However, in this example could the fact that the complainant no longer wished to attend be caused by the wider issue of delays in cases reaching Courts? Whatever the reason the increase in E72 filings is undeniable-and worrying.

Why are these cases failing?

Several factors contribute to the rise:

• The exponential growth in digital evidence-from phones, cameras, and surveillance-has overwhelmed existing systems.
• Chronic underfunding means police lack the personnel, training, and tools to store, analyse, and present evidence reliably.
• Backlogs in the court system delay trials for months or even years, increasing the risk of evidence degrading or going missing.

A system at breaking point

As MK Law’s Company Director Hesham Puri puts it:

“This situation highlights the serious consequences of underfunding our criminal justice system. We urgently need significant investment-not just in policing, but also in prosecution, defence, the courts, prisons, probation, and the specialist infrastructure that underpins it all. Without proper resources and expertise, the entire system is at risk of breaking down.”

Where do we go from here?

Justice delayed is justice denied-but justice abandoned is even worse. When a case collapses before trial due to preventable failures, victims are left without closure, defendants may suffer irreparable harm to their reputation or liberty, and public confidence in the legal system erodes.

Reversing this trend will take more than headlines. It will require political will, sustained investment, and a clear recognition that justice isn’t just a service-it’s a fundamental right.