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Proposals for our next Single Equality Scheme 2010-11

Public Consultation Document

December 2009

Crown Prosecution Service Equality & Diversity Unit

Contents

  1. Introduction
  2. About the CPS and our Single Equality Scheme
  3. How we are involving and consulting people
  4. Proposed new objectives based on community and staff involvement and consultation to-date
  5. Existing commitments carried forward from our current Single Equality Scheme
  6. Next steps

Annex

A. Legal background

B. Membership of Single Equality Scheme Joint Project Board and Disability Involvement Group

C. Outcomes from our current Single Equality Scheme (2006-10)

D. Explanation of terms used and list of abbreviations

E. Response form

1. Introduction

1.1 We are pleased to present this public consultation document on proposals for our second Single Equality Scheme (2010-11). The Single Equality Scheme sets out how we will tackle discrimination and promote fairness and equality. The scheme will be for one year, pending enactment of the Equality Bill currently going through Parliament. During 2010 we will be preparing our next three year scheme for the period 2011-14. That scheme will take into account new public sector 'general' and 'specific' equality duties scheduled to be enforced in Spring 2011.

1.2 We are now asking for your views on what priorities should be included in the Single Equality Scheme. Following this consultation, the final scheme will be published in April 2010.

1.3 In deciding what proposals should go forward into the scheme we will:

  • consider the results of all community and staff involvement and consultation;
  • carry forward commitments from our existing Single Equality Scheme as necessary; and
  • take into account priorities in the corporate CPS Business Plan for 2010- 11 and any other government-wide priorities.

1.4 Any proposals that cannot be incorporated into this one year scheme will go forward for further consideration during the development of the next three year scheme.

1.5 The main questions we would like your views on are set out below.

  • Are the new objectives proposed for 2010-11 set out in section 4 of this document, clear?
  • Are the actions to achieve those objectives the right ones?
  • Have you any comments on the actions we are carrying forward from our existing scheme as set out in section 5 of this document?

Consultation deadline

1.6 Consultation on our Single Equality Scheme will close at 5pm 10 March 2010. We regret we will be unable to take account of late responses.

Consultation using the web

1.7 You can access this document and a response form on our website http://www.cps.gov.uk/consultations/ses_index.html. Please complete the response form and email it back to us at equality.scheme@cps.gsi.gov.uk.

Consultation by post

1.8 You can post your completed response form to the following address:

The Equality and Diversity Unit (Equality Scheme)
CPS
50 Ludgate Hill
London
EC4M 7EX

1.9 You can also use that address if you wish to request a hard copy of the consultation document in the post.

Alternative formats

1.10 This document is available in Easy Read, in Braille, in large print and in audio on request. Please email equality.scheme@cps.gsi.gov.uk, or telephone: 020 7796 8790, or fax: 020 7796 8077.

1.11 Please note that responses will automatically be considered as in the public domain unless they are clearly marked as being confidential. Responses may be published or disclosed in accordance with access to information regimes such as the Freedom of Information Act 2000 and the Data Protection Act 1998. The Crown Prosecution Service will make every effort to consult with you before disclosing any of the information if a request is received.

2. About the CPS and our Single Equality Scheme

2.1 This section sets out what we do, what our organisation looks like, the scope and timescale of the Single Equality Scheme, and our approach to equality and diversity.

What we do

2.2 The Crown Prosecution Service (CPS) provides an independent public prosecution service for criminal cases in England and Wales. In undertaking this role, the CPS:

  • advises the police during the early stages of investigations;
  • determines the appropriate charges in all but the most routine cases;
  • keeps all cases under continuous review and decides which cases should be prosecuted;
  • prepares cases for prosecution in court and prosecutes the cases with in-house advocates, or instructs agents and counsel to present cases;
  • provides information and assistance to victims and prosecution witnesses;
  • engages with communities to help improve our work; and
  • addresses offending using out-of-court alternatives or 'disposals' where appropriate.

What the organisation looks like

2.3 The structure of the CPS is as follows:

  • the Head of the CPS is the Director of Public Prosecutions;
  • the Director of Public Prosecutions is superintended by the Attorney General, who is accountable to Parliament for the CPS;
  • the Head of Administration is the Chief Executive;
  • the CPS is organised into 42 geographical Areas across England and Wales. The 42 Areas cover the same regions as those for the police;
  • the CPS Areas are organised into 14 Groups (plus London);
  • there is also an out-of-hours service for the police to contact to get advice on cases at any time outside office hours;
  • the CPS employs just over 8,000 people; and
  • in 2008-09, the CPS prosecuted 1,032,598 cases. The vast majority of these cases were successful (over 86%).

2.4 More information about the CPS can be found at www.cps.gov.uk or by writing to: Communications Branch, Crown Prosecution Service, 50 Ludgate Hill, London, EC4M 7EX, or by telephoning the Public Inquiry Point on 020 7796 8500. Alternatively you can email inquiries@cps.gsi.gov.uk

About our Single Equality Scheme

2.5 Our first Single Equality Scheme covered the period 2006-2010 and was launched in December 2006. The scheme can be downloaded from our website at www.cps.gov.uk/publications/docs/ses_2006_2010.pdf. The Single Equality Scheme is a strategy and action plan to meet the requirements of a number of statutory duties placed on public bodies. These are summarised below.

2.6 The Race Equality Duty sets out the following responsibilities:

  1. eliminate unlawful discrimination;
  2. promote equality of opportunity; and
  3. promote good relations between people of different racial groups.

2.7 The Disability Equality Duty sets out the following responsibilities:

  1. eliminate unlawful discrimination;
  2. eliminate harassment targeted at disabled people;
  3. promote equality of opportunity between disabled people and others;
  4. take steps to take account of disabled people's disabilities, even where that involves treating them more favourably than others;
  5. promote positive attitudes towards disabled people; and
  6. encourage participation by disabled people in public life.

2.8 The Gender Equality Duty sets out the following responsibilities:

  1. eliminate unlawful sex discrimination;
  2. eliminate harassment; and
  3. promote equality of opportunity between men and women.

2.9 Our new Single Equality Scheme will also reflect our policy commitments in areas where, as yet, there are no statutory equality public duties, i.e. age, sexual orientation, religion and belief and transgender. There is however other legalisation covering these areas which places responsibility on all sectors not to discriminate. More detail about the legal background is provided in Annex A.

Timescale for producing our Single Equality Scheme

2.10 During Autumn 2009 the Equality Bill will be going through Parliament. The Bill brings together various separate pieces of discrimination law and strengthens the law to support progress on equality. When it is enacted, it will bring in a new equality duty for all public bodies. Further new 'specific' duties for public bodies will follow. The Government Equalities Office has confirmed that the new equality duty and the specific duties will not come into force until Spring 2011. Because of this timing and the fact that the CPS must review its existing equality scheme by the end of March 2010, we plan to:

  • produce a one year Single Equality Scheme to cover April 2010 - March 2011;
  • produce a three year Single Equality Scheme to cover the period April 2011 - March 2014;
  • and carry forward relevant commitments from the current scheme into the new scheme.

Our approach to equality and diversity

2.11 For the CPS, equality and diversity is about more than just meeting our statutory requirements. Equality and diversity is fundamental to delivering fair prosecutions, achieving equitable employment practice, and is essential if we are to command the confidence of all the communities we serve. Our equality and diversity aims are to:

  1. make prosecution decisions free from bias or prejudice;
  2. improve the service for victims and witnesses and measure how satisfied they are;
  3. increase success in prosecuting hate crimes;
  4. increase success in prosecuting violence against women crimes;
  5. develop a service that involves diverse communities and uses this involvement to improve how we work;
  6. increase employee satisfaction;
  7. achieve a workforce which represents communities at all grades and levels; and
  8. communicate with and involve diverse staff at all levels and use the results to improve how we work.

3. How we are involving and consulting people

3.1 By involvement we mean including stakeholders at the onset of developing our scheme and throughout its various drafts. By consultation we mean asking for people's views on our proposals for inclusion in our scheme.

How we are involving and consulting communities

  1. We have set up a Joint Project Board including community organisations representing all equality strands.
  2. We have set up a Disability Involvement Group including disabled people from community and other relevant organisations.
  3. We will hold a workshop to consider the public consultation document. Delegates will include disabled people.
  4. For a 12 week period, members of the public will be able to log onto the public consultation document and either email or post in their comments.
  5. Every organisation on the CPS Equality and Diversity Unit data base will be emailed the public consultation document and invited to comment.
  6. The CPS Community Accountability Forum will be invited to comment on the public consultation document.
  7. We will invite members of our engagement forums to comment on the public consultation document.
  8. Additional consultation will take place as opportunities arise.

How we are involving and consulting staff

  1. Staff Networks. There are three networks: the Disability Staff Network, the LGBT Staff Network and the National Black Crown Prosecution Association. All these networks are represented on the Joint Project Board and the Disability Staff Network is also represented on the Disability Involvement Group. The Equality and Diversity Unit will work with network representatives to look at effective ways to consult with network members during the main 12 week public consultation period.
  2. Staff online consultation. CPS staff will be able to log onto the public consultation document during the 12 week consultation period and email in their comments.
  3. Trade Unions. The CPS trade unions will be invited to comment on the consultation document.
  4. Team meetings. Managers will be encouraged to discuss the public consultation document with their staff during team meetings and to invite staff to respond.
  5. Regional focus groups with staff. We will use the results of 5 regional staff focus groups that took place during 2008 to inform the scheme.
  6. Staff attitude surveys. The scheme will draw on information from the 2009 Civil Service People Survey. The results of the survey are due to be available in February 2010.

Other consultation

3.2 We will also consult with our partners in the Criminal Justice System and other relevant partners.

4. Proposed new objectives based on community and staff involvement and consultation to-date

Introduction

Set out below is a list of proposed objectives and actions for inclusion in our next Single Equality Scheme. These have been developed in partnership with various representatives from the voluntary and community sector, and with the CPS equality Staff Networks. (See Annex B for details.) Please note that these objectives only form part of the proposals for our next Single Equality Scheme, as many on-going commitments in our current scheme will be continued. The commitments that we propose to transfer into our next scheme are listed in section 5 of this document.

PART 1: Prosecution Objectives

THEME: Improving access to justice for disabled people

1. Challenge perceptions that people with learning difficulties or mental health issues are unreliable witnesses.

Action: Review existing advice, guidance & training for CPS Witness Care Unit staff and CPS lawyers and bring forward proposals for improvements.

Responsibility: Chief Operating Officer, Director for Equality and Diversity

Timescale: Report to Community Accountability Forum 2010-11

2. Increase the appropriate use of special measures to support disabled victims and witnesses.

Action: Review existing means used to raise awareness of the availability of special measures amongst disabled communities and bring forward proposals for improvement including effective monitoring of take up.

Responsibility: Chief Operating Officer, Director for Equality and Diversity, Head of Strategic Communication

Timescale: Report to Community Accountability Forum 2010-11

3. Clarify the distinction between 'vulnerability' and 'disability' in relation to disability hate crime.

Action: Review existing advice, guidance & training for CPS Witness Care Unit staff and lawyers and disseminate fresh guidance as required.

Responsibility: Chief Operating Officer, Director for Equality and Diversity

Timescale: 2010-11

4. Provide greater support for victims and witnesses with learning difficulties.

Action: Implement recommendations from the 2009-10 disability themed review of services in relation to support for victims and witnesses with learning difficulties.

Responsibility: Chief Operating Officer, Director for Equality and Diversity

Timescale: 2010-11 & on-going

5. Improve the experience of the prosecution service for disabled victims and witnesses.

Actions:

  • Implement recommendations from the 2009-10 disability themed review of services in relation to support for disabled victims and witnesses.
  • Review the disability content of training for CPS lawyers and CPS Witness Care Unit staff.
  • Consider bringing in disabled people to input into relevant training courses for CPS lawyers and staff including CPS Witness Care Unit staff.

Responsibility: Chief Operating Officer, Director for Equality and Diversity

Timescale: 2010-11 & on-going

6. Improve the experience of the prosecution service for deaf victims and witnesses.

Action: In relation to deaf victims and witnesses, assess the extent to which the CPS is compliant with the 'National Agreement on Arrangements for the use of Interpreters, Translators and Language Service professionals in Investigations and Proceedings Within the Criminal Justice System', (Office of Criminal Justice Reform 2007).

Responsibility: Chief Operating Officer, Director for Equality and Diversity

Timescale: Report to Community Accountability Forum 2010-11

THEME: Improving the working environment for LGBT staff

7. Improve the organisational response to transgender issues.

Action: Refresh & extend existing internal transgender guidance for managers to include awareness for all staff.

Responsibility: Director of Human Resources, Director of Equality & Diversity

Timescale: Report to Community Accountability Forum 2010-11

8. Improve the organisational response to bisexual issues.

Action: In liaison with existing LGBT Staff Network undertake consultation with this group of staff in order to draw up relevant proposals (in relation to both employment and service delivery) for inclusion in the next three year Single Equality Scheme covering the period 2011-2014.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11

THEME: Raising awareness / improving communications

9. Engage with children and young people through schools and youth advocacy groups.

Action: Use the evaluation of the CPS' national schools project to draw up proposals for further work with schools on raising awareness of hate crime, for incorporation into the three year Single Equality Scheme (2011-2014). Ensure that this includes work with disabled children and young people.

Responsibility: Director of Equality and Diversity

Timescale: 2010-11 & on-going

10. Raise awareness of hate crime amongst all communities.

Action: Review all current awareness-raising activity in relation to hate crime and consider ways for further improving awareness of hate crime.

Responsibility: Head of Strategic Communication, Director of Equality and Diversity

Timescale: 2010-11

11. Build public confidence to report hate crime through work with the media.

Action: Review existing guidance to CPS Areas on working with the media to encourage the reporting of hate crime.

Responsibility: Head of Strategic Communication, Director of Equality and Diversity

Timescale: 2010-11

THEME: Effective use of section 146 (Criminal Justice Act 2003)

12. Improve identification of the use of section 146 in relation to relevant cases.

Action: Implement the new guidance for staff produced in 2009-10 on the use of the section 146 'flag' to identify relevant cases.

Responsibility: Chief Operating Officer, Director for Equality and Diversity

Timescale: 2010-11 & on-going

13. Ensure that section 146 is raised consistently by the CPS in court in appropriate cases.

Action: Implement the new guidance for prosecutors which includes guidance on the prosecutor's role in sentencing in disability and homophobic hate crime cases.

Responsibility: Chief Operating Officer, Director for Equality and Diversity

Timescale: 2010-11 & on-going

14. Increase awareness of section 146 in communities.

Action: Provide guidance to Areas on promoting awareness of section 146 through community engagement work.

Responsibility: Director of Equality and Diversity

Timescale: 2010-11

PART 2: Employment Objectives

THEME: Achieving fairness in employment

15. Improve organisational responses to equality and diversity employment issues.

Action: Review the 'People Measure' to include equality and diversity measures in line with the requirements of the Diversity Delivery Plan.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11

Action: Conduct a new dignity at work awareness campaign across the organisation.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11

Action: The CPS will aim to implement any actions identified as a result of the Stonewall Champion Index and the Trans-Equality Index.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11

Action: Develop a staff Religion or Belief Forum to enable consultation and engagement across the range of religion and belief groups.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11

Action: Develop further Equality Impact Assessment guidance for HR staff.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11

Action: Ensure recruitment and selection procedures support the aims of the Diversity Delivery Plan. Ensure that:

  • job application forms, information packs and all information relevant to potential job applicants is available in different formats;
  • job opportunities are opened up to people with learning difficulties e.g. through job redesign;
  • job opportunities, work experience, or volunteering opportunities are opened up to young people (16-23); and
  • job advertisements are placed in media targeted at a diverse range of communities.

Responsibility: The National Recruitment Business Centre, Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11

Action: Monitor the impact of the merger of the Revenue and Customs Prosecution Office with the CPS. Identify and address any equality and diversity issues.

Responsibility: Chief Operating Officer, Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11

Action: Extend the CPS domestic violence policy for staff to cover all hate crime.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11

Action: Promote awareness of existing guidance for managers on how to (i) support disabled staff who have been bullied or harassed and how to deal with the perpetrators of bullying and harassment; and (ii) support staff who may have developed a disability whilst in work.

Responsibility: Director of Human Resources

Timescale: 2010-11

16. Improve internal communications with staff.

Action: Inform staff when policies change as a result of an equality impact assessment or monitoring.

Responsibility: Director of Human Resources, Head of Strategic Communication

Timescale: 2010-11

17. Improve talent management.

Action: Develop a number of targeted 'leaders' programmes and initiatives to bring forward existing staff from all equality strands into the talent pool.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11

Action: Identify programmes to address under-representation in the non-legal career structure.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11

Action: Build on and continue to develop existing acting up and secondment programmes, paying particular attention to under-represented groups.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11

Action: Significantly reduce the number of pay progression points within pay bands to narrow pay differentials and the scope for discrimination. Introduce through-grading for most junior grades in the paralegal structure to support an increase in the diversity of staff in 'feeder' grades.

Responsibility: Director of Human Resources

Timescale: 2010-11

Action: Consider producing a management development programme for disabled staff.

Responsibility: Director of Human Resources

Timescale: 2010-11

18. Make leaders accountable for promoting equality.

Action: Improve the implementation of existing equality and diversity guidance and policies by requiring all leaders in the organisation to have personal equality and diversity business objectives.

Responsibility: Director of Human Resources

Timescale: 2010-11

Action: As appropriate, provide or refresh guidance to managers on implementing policies such as 'hot desking', managing attendance, and managing absenteeism, in order that the implementation of such policies does not have an adverse impact on disabled staff.

Responsibility: Director of Human Resources

Timescale: 2010-11

19. Workforce profile.

Action: Identify ways to improve workforce data on sexual orientation, religion or belief and disability which have a particularly low response rate in relation to 'staff in post' surveys and other surveys.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11

5. Existing commitments carried forward from our current Single Equality Scheme

Introduction

There are a number of commitments in our current Single Equality Scheme that we propose to transfer into our next scheme. In most cases these commitments relate to existing legislative requirements. These commitments have been updated as appropriate, e.g. new equality impact assessments have been identified.

PART 1 Actions Common to all Equality Strands

C1. Produce new three year Single Equality Scheme for the period 2011-14.

Responsibility: Director of Equality and Diversity

Timescale: April 2011

C2. Produce final annual report on the current Single Equality Scheme 2006-10.

Responsibility: Director of Equality and Diversity

Timescale: July 2011

C3. Local CPS Areas to address key equality issues in local CPS Area Business plans.

Responsibility: All CPS Areas

Timescale: In line with Business Planning cycles

C4. Maintain the Community Accountability Forum to inform progress on the implementation of the equality scheme.

Responsibility: Director of Equality and Diversity

Timescale: Community Accountability Forum to meet quarterly

C5. Review and update list of functions and policies relevant to the general duties

... as part of the development of the SES 2011- 2014. Update list of priorities and Action Plan as a result of amendments.

Responsibility: Director of Equality and Diversity, All HQ Directors

Timescale: March 2011

C6. Revise the equality impact assessment process and guidance and disseminate to directorates and CPS Groups.

Responsibility: Director of Equality and Diversity

Timescale: October 2010

C7. Conduct equality impact assessments in relation to:
  1. Roll out of the Community Prosecutor Approach
  2. Roll out of the National Schools Project
  3. Review and revise charging equality impact assessments
  4. Implement recommendations from equality impact assessment of the streamlined process (See Annex D)

Responsibility: Chief Operating Officer, Director of Equality and Diversity

Timescale: Report to the Community Accountability Forum 2010-11

C8. Conduct equality impact assessments in relation to employment policies and functions:
  1. Grievance
  2. Disciplinary appeals
  3. Flexible working
  4. Managing poor attendance
  5. Managing poor performance
  6. Para-legal career structure

Responsibility: Chief Operating Officer, Director of Human Resources All Group Chairs

Timescale: Report to the Community Accountability Forum 2010-11

C9. Conduct equality impact assessments in relation to service-wide areas:
  1. Procurement
  2. External services from the Bar
  3. Flexible working environment (Desk & IT)
  4. Relocation of CPS HQ to new offices (Rose Court)
  5. Strategic Stakeholder Management Project
  6. Merger of Revenue and Customs Prosecution Office with the CPS

Responsibility: Chief Operating Officer, Director of Human Resources, Director of Finance

Timescale: Report to the Community Accountability Forum 2010-11

C10. Monitor cases of hate crime:
  • racist and religiously aggravated crime
  • homophobic and transphobic hate crime
  • disability hate crime

Responsibility: Chief Operating Officer, Director of Equality and Diversity, Director of Policy

Timescale: Report to the Community Accountability Forum 2010-11

C11. Monitor cases of Violence against Women.

Responsibility: Chief Operating Officer, Director of Equality and Diversity

Timescale: Report to the Community Accountability Forum 2010-11

C12. Monitor take-up of special measures by victims and witnesses.

Responsibility: Chief Operating Officer

Timescale: Provide update in the Single Equality Scheme annual report

C13. Monitor 'Direct Communication with Victims'.

Responsibility: Chief Operating Officer

Timescale: Provide update in the Single Equality Scheme annual report

C14. Monitor Terrorism Prosecutions in relation to:
  • Ethnicity of those charged with terrorist related offences
  • Prosecution of breaches of control orders under the Prevention of Terrorism Act 2005
  • Selection of charges by CPS in relation to terrorist funding under Terrorism Act (2000)

Responsibility: Head of Counter Terrorism

Timescale: Provide update in the Single Equality Scheme annual report

C15. Monitor cases of Deaths in Custody.

Responsibility: Head of Special Crime

Timescale: Provide update in the Single Equality Scheme annual report

C16. Monitor cases of gun crime.

Responsibility: Chief Operating Officer

Timescale: Provide update in the Single Equality Scheme annual report

C17. Monitor breaches of Anti-Social Behaviour Orders.

Responsibility: Chief Operating Officer, Director of Policy

Timescale: Provide update in the Single Equality Scheme annual report

C18. Monitor Prosecution Process/Casework Quality

(specifically in relation to case flagging in relation to Violence against Women and hate crime).

Responsibility: Chief Operating Officer

Timescale: Provide update in the Single Equality Scheme annual report

C19. Community engagement. Maintain current levels of engagement:
  1. Community informed policy making
  2. Community Accountability Forum
  3. Group level community involvement panels
  4. Area level hate crime scrutiny panels
  5. Engagement with schools
  6. Other general community engagement

Responsibility: Relevant Directors, Equality and Diversity unit, Group Chairs, Chief Crown Prosecutors

Timescale: On-going

C20. Monitoring of staff feedback

Following the Capability Review of the CPS in 2008 and the review refresh (2009), monitoring of staff feedback will take place in relation to confidence in senior management, managing poor performance and confidence to speak up. The 2009 Civil Service People Survey will provide the necessary data to assess the employee experiences across all equality strands.

Responsibility: Director of Human Resources

Timescale: On-going

C21. Conduct Equal Pay Review.

Responsibility: Director of Human Resources

Timescale: Report to the Community Accountability Forum 2010-11

C22. Evaluation of revised recruitment and selection policy and processes.

Responsibility: Director of Human Resources

Timescale: Provide update in the Single Equality Scheme annual report

C23. Revision of existing HR policies relating to:
  1. Grievance
  2. Disciplinary
  3. Flexible working
  4. Managing attendance
  5. Managing poor performance

Responsibility: Director of Human Resources

Timescale: Provide update in the Single Equality Scheme annual report

C24. Equality and Diversity Training.

Revised E-learning package and face to face learning on equality and diversity will be available across the CPS throughout 2010-11.

Responsibility: Director of Human Resources

Timescale: On-going

C25. Induction.

Induction is carried out on an Area basis, supplemented by mandatory e-learning and national Welcome Day for all new starters. Induction outcomes are monitored.

Responsibility: Director of Human Resources

Timescale: On-going

C26. E-learning Prosecution College.

The Prosecution College has been updated to take into account accessibility and includes specific packages relating to diversity, equality and hate crime issues. Access to programmes is monitored and take-up will be shared with Community Accountability Forum during 2010/11.

Responsibility: Director of Human Resources

Timescale: Report to Community Accountability Forum 2010-11

C27. Law Scholarship Scheme.

Consideration is being given to a Scholarship Scheme that addresses all of the Service's business needs. The feasibility and operation of such a scheme will depend upon the financial and workforce capacity positions for 2010-11.

Responsibility: Director of Human Resources

Timescale: On-going

C28. Professional Skills for Government (PSG).

All training is being aligned with current PSG standards, professional skills training is ongoing and incorporated as part of national training programme. Training is evaluated.

Responsibility: Director of Human Resources

Timescale: On-going

C29. Equality and Diversity Complaints Procedures.

Monitored as part of the Annual Equalities Employment Report.

Responsibility: Director of Human Resources

Timescale: Next Annual Equalities Employment Report to be available April 2010

C30. Publish results of Assessments, Consultations and Monitoring on website and hard copy.

Responsibility: Relevant Directors, Director of Equality and Diversity

Timescale: As these are completed

C31. Publish Equality Scheme annual progress report as hard copy and on website.

Responsibility: Director of Equality and Diversity

Timescale: July 2010, July 2011

C32. Publish employment monitoring data through the Annual Equalities in Employment Report.

(This also contains results of assessments, consultation and monitoring.)

Responsibility: Director of Human Resources

Timescale: Next Annual Equalities Employment Report to be available April 2010

C33. Ensure arrangements are in place to enable identification of information and service needs

... through the Group Equality, Diversity and Community Engagement Managers.

Responsibility: Equality and Diversity Unit, Equality, Diversity & Community Engagement Managers

Timescale: On-going

C34. Ensure arrangements are in place to enable access to services.

Through relevant impact assessments access to services will be assessed.

Responsibility: Relevant Directors, Director of Equality and Diversity

Timescale: On-going

C35. Monitor translation and interpretation.

To assess the effectiveness of current services compared to needs in terms of languages and when translation and interpretation is required.

Responsibility: Chief Operating Officer, Director of Equality and Diversity Head of Strategic Communication

Timescale: Provide update in the Single Equality Scheme annual report

C36. E-based briefings for staff to equip them with the appropriate understanding

... of their role and obligations under the equalities duties and related equalities legislation. Revised E-learning package and face to face learning on equality and diversity will be available across the CPS throughout 2010-11.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: On-going

C37. Specific training on equality impact assessments and monitoring

... for key staff such as Policy Advisors, Programme and Project Managers, key Business Development staff and Group staff as required.

Responsibility: Director of Human Resources

Timescale: Annual course November. Training for Area Business Managers and Senior Business Managers Spring 2010

C38. Integration of equality duties and the CPS Equality Scheme in core training programmes.

All training courses designed and developed to ensure the equality duties are included.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: On-going

C39. Identify and evaluate staff training in equality.

As part of the development and consultation undertaken on the national Learning and Development Plan, on an annual basis, identify and evaluate the training needs of staff as they relate to the duty to promote equality. HR Learning Partners are integral to the process of identifying and assessing training needs. This activity is incorporated into the national training process.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: On-going

C40. Through the Annual Equalities in Employment Report continue to monitor:
  • Staff in post
  • Applicants for employment, training and promotion
  • Applications for training
  • Staff receiving training
  • Staff who benefit or suffer detriment as a result of Performance Assessment procedures
  • Staff who are involved in grievances procedures
  • Staff ceasing employment

Responsibility: Director of Human Resources

Timescale: Next Annual Equalities Employment Report to be available April 2010

C41. Extend monitoring in employment to cover:
  • Distribution of women and men in particular areas of work
  • Management of transsexual and potential transgender staff issues
  • Redundancy
  • Retirement

Responsibility: Director of Human Resources

Timescale: 2010-11

C42. Set targets to address significant under-representation

Will be set as part of the CPS' Diversity Delivery Plan.

Responsibility: Director of Human Resources

Timescale: Due to be set 2010-11

C43. Take action if unjustifiable adverse impact found.

HR Capability and Improvement team and Leadership and Learning team will address any adverse impact.

Responsibility: Director of Human Resources

Timescale: As required

C44. Publish employment data

... through the Annual Equalities in Employment Report (AEER).

Responsibility: Director of Human Resources

Timescale: Next Annual Equalities Employment Report to be available April 2010

PART 2: Strand Specific Action Plans

DISABILITY EQUALITY ACTION PLAN

Gaps addressed:
  • Lack of comprehensive monitoring of disability hate crimes
  • Lack of comprehensive monitoring by disability of defendants, victims and witnesses
  • Significant differences in staff perceptions
  • Workforce under-representation
Outcome areas:
  • Increased success in prosecuting hate crimes
  • Increased public confidence
  • Increased employee satisfaction
  • Increased workforce representation
  • Reducing differences in employee experiences
  • Involving communities and staff in service improvement
D1. Disabilities monitoring of prosecution practice

Continue to improve all aspects of disabilities monitoring of key aspects of prosecution practice in relation to defendants, victims and witnesses.

Responsibility: Chief Operating Officer, Director of Equality and Diversity

Timescale: On-going

D2. Implement training programme on the prosecution of disability hate crime

... as part of the new training programme on prosecuting all hate crime.

Responsibility: Director of Equality and Diversity, Director of Human Resources, Director of Policy

Timescale: 2010-11

D3. Address any areas of significant difference from disabled staff.

Analyse the annual Civil Service People Survey and address any areas of significant difference in responses from disabled staff.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11 & on-going

D4. Enhance the Service's capacity to respond appropriately to reasonable adjustment requests.
  • Review current trends and issues
  • Consult key stakeholders including disabled staff
  • Develop programme to improve Service response
  • Implement programme and evaluate effectiveness including impact on employee complaints
  • Develop a joined up response for dealing with requests for adjustments between HR, Central Property Unit and Business Information Systems

Responsibility: Director of Human Resources, Director of Finance, Chief Operating Officer

Timescale: 2010-11 & on-going

D5. Promote positive attitudes towards disabled people.
  • Regular positive attitude pieces in CPS News and other CPS publications
  • All publications to contain a statement alerting the reader that documents can be made available in alternative formats upon request
  • Awareness-raising initiatives on disability hate crimes internally and externally
  • Recruitment panels to reflect a range of diversity including disability
  • Disabled staff, disability related needs and the disability sector to be considered in the procurement of goods and services

Responsibility: Director of Equality and Diversity, Director of Human Resources, Head of Strategic Communication, Director of Finance

Timescale: 2010-11 & on-going

D6. Analyse workforce data set and implement targets to address workforce under-representation.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11 & on-going

GENDER EQUALITY ACTION PLAN

Gaps addressed:
  • Implement overall Violence Against Women (VAW) strategy and link with cross-government Violence Against Women and Girls strategy
  • Monitor and evaluate VAW strategy and existing policies and initiatives on VAW
  • Continue to address the impact of charging decisions, by gender, ethnicity and offence category
  • Continue to focus on reducing unsuccessful outcomes in domestic violence cases
  • Continue to focus on reducing unsuccessful outcomes in rape and sexual offence cases
  • Start to focus on reducing unsuccessful outcomes in other VAW cases, including forced marriage, honour-based violence, child abuse and trafficking
  • Collection of disaggregated statistics for offences that constitute VAW and address any disproportionality
  • Collection of disaggregated statistics on all employment policies and procedures
  • Analysing workforce representation data and setting targets to address the under-representation of women in senior grades (Level D and above)
  • Analysis of staff survey results, by gender and actioning any differences
  • Analysis of workforce data to identify and action any differential in relation to workforce experience such as the Performance and Development Review (PDR) system and disciplinaries, by gender
  • Monitor and evaluate the CPS Employee policy on domestic violence and extend to VAW overall
Outcome areas:
  • Implement a co-ordinated strategy on all forms of VAW
  • Higher public confidence in CPS work addressing gender inequalities
  • Reduce unsuccessful prosecutions for all forms of domestic VAW
  • Reduce unsuccessful prosecutions for rape and sexual offences
  • Develop systems to monitor unsuccessful prosecutions for other VAW strands
  • Extend VAW good practice prosecution models - Specialist DV courts and consideration of other VAW strands
  • Explore feasibility of setting up and/or extending scrutiny panels for VAW strands
  • Develop systems to monitor VAW stakeholder satisfaction
  • Develop systems to monitor CJS VAW victim support, safety and satisfaction
  • Increase in the number of women in senior grades (level D and above)
  • No significant differences in staff satisfaction by gender
  • No significant differences in staff experiences by gender
G1. Monitor and evaluate the Violence Against Women strategy and link with cross-government Violence Against Women & Girls Strategy.

Responsibility: Director of Equality and Diversity

Timescale: 2010-11 & on-going

G2. Reduce unsuccessful prosecutions of all domestic violence cases.

Responsibility: Director of Equality and Diversity, Chief Operating Officer

Timescale: 2010-11 & on-going

G3. Reduce unsuccessful prosecutions in rape and sexual offence cases.

Responsibility: Director of Equality and Diversity, Chief Operating Officer

Timescale: 2010-11 & on-going

G4. Train all rape specialist prosecutors.

Responsibility: Director of Equality and Diversity, Chief Operating Officer

Timescale: 2010-11 & on-going

G5. Include VAW cases across CPS training.

Responsibility: Director of Policy, Director of Human Resources

Timescale: 2010-11 & on-going

G6. Monitor and then reduce unsuccessful prosecutions in other VAW cases.

Responsibility: Director of Equality and Diversity, Chief Operating Officer

Timescale: 2010-11 & on-going

G7. Increase support for victims of VAW crimes and monitor victim profiles.

Responsibility: All CPS Areas, Director of Equality and Diversity, Chief Operating Officer

Timescale: 2010-11 & on-going

G8. Improve Area VAW stakeholder and community engagement.

Responsibility: Director of Equality and Diversity, Chief Operating Officer

Timescale: 2010-11 & on-going

G9. Explore feasibility of setting up and/or extending scrutiny panels for VAW strands.

Responsibility: Director of Equality and Diversity, Chief Operating Officer

Timescale: 2010-11 & on-going

G10. Identify and address any equality disproportionality in prosecutions.

Responsibility: Director of Equality and Diversity, Director of Policy, Chief Operating Officer

Timescale: 2010-11 & on-going

G11. Good practice models for VAW strands

Based on the experience of Specialist Domestic Violence Courts, consider good practice models for other VAW strands.

Responsibility: Director of Equality and Diversity and CJS departments, Chief Operating Officer

Timescale: 2010-11 & on-going

G12. Develop systems to monitor VAW stakeholder satisfaction.

Responsibility: Director of Equality and Diversity

Timescale: 2010-11 & on-going

G13. Develop systems to monitor CJS VAW victim support, safety and satisfaction.

Responsibility: Director of Equality and Diversity and CJS departments

Timescale: 2010-11 & on-going

G14. Address any areas of significant difference relevant to gender

Analyse the annual Civil Service People Survey and address any areas of significant difference in responses relevant to gender.

Responsibility: Director of Human Resources

Timescale: 2010-11 & on-going

G15. Address the under-representation of women in senior grades

Analyse workforce representation and set stretching targets to address the under-representation of women in senior grades (grade level D and above).

Responsibility: Director of Human Resources

Timescale: 2010-11 & on-going

G16. Analyse workforce data for any significant differentials in workforce experiences

... such as Performance Development Reviews and disciplinaries.

Responsibility: Director of Human Resources

Timescale: 2010-11 & on-going

G17. Monitor employment policies and procedures

... such as pay, flexible working and access to training and action in relation to any gender differentials.

Responsibility: Director of Human Resources

Timescale: 2010-11 & on-going

G18. Extend the Human Resources Domestic Violence policy to Violence Against Women and monitor.

Responsibility: Director of Human Resources

Timescale: 2010-11

RACE EQUALITY ACTION PLAN

Gaps addressed:
  • Need to review and update training
  • Improving handling of racist crimes
  • Significant differences in staff perceptions of inequality
  • Significant differences in workforce experiences
  • Workforce under-representation
  • Improving monitoring of prosecution policies and practices
Outcome areas:
  • Increased success in prosecuting hate crimes
  • Involving Black and minority ethnic communities and staff in engagement linked to service improvement
  • Increased success in prosecuting hate crimes
  • Reduced significant differences in staff perceptions of inequality
  • Reduced significant differences in the quality of employee experiences
  • Increased workforce representation
  • Increased public confidence amongst Black and minority ethnic communities
R1. Implement training programme on the prosecution of racist hate crime

... as part of the new training programme on prosecuting all hate crime.

Responsibility: Director of Equality and Diversity, Director of Human Resources, Director of Policy

Timescale: 2010-11 & on-going

R2. Enhance monitoring of racist crimes by recording key data on victims and witnesses

... building on available defendant data.

Responsibility: Chief Operating Officer, Director of Equality and Diversity

Timescale: 2010-11 & on-going

R3. Implement Guidance for Case Management System users in order to better improve monitoring.

Responsibility: Chief Operating Officer, Director of Equality and Diversity

Timescale: 2010-11 & on-going

R4. Extend and implement ethnic monitoring of key aspects of prosecution practice

... including in relation to victims and witnesses.

Responsibility: Chief Operating Officer, Director of Equality and Diversity

Timescale: 2010-11 & on-going

R5. Continue to focus on reducing unsuccessful outcomes in racist crimes.

Responsibility: Chief Operating Officer, Director of Equality and Diversity

Timescale: 2010-11 & on-going

R6. Continue to monitor and assess charging decisions for any adverse impact.

Responsibility: Chief Operating Officer, Director of Equality and Diversity

Timescale: Report to the Community Accountability Forum 2010-11

R7. Continue to raise Black and minority ethnic communities' confidence.

Continue to focus on raising Black and minority ethnic (BME) communities' confidence in the CPS as part of the overall target to raise BME communities' confidence in the CJS.

  • Ensure the work of hate crime scrutiny panels and community involvement panels include representation of BME groups

Responsibility: Director of Equality and Diversity

Timescale: 2010-11 and on-going

R8. Address any areas of significant difference relevant to race.

Analyse the annual Civil Service People Survey and address any areas of significant difference in responses relevant to race.

Responsibility: Director of Human Resources

Timescale: 2010-11

R9. Include race equality within all future HR equality impact assessments

... implemented as part of this scheme with the aim of addressing any unjustifiable disparities in experiences.

Priority assessments and monitoring to include disciplinaries and grievances, special bonuses, new performance and development review process, recruitment and progression.

Responsibility: Director of Human Resources

Timescale: 2010-11 & on-going

R10. Address workforce under-representation of BME staff

... in certain grades and Areas with remaining under-representation and set targets to improve representation.

Responsibility: Director of Human Resources

Timescale: 2010-11 & on-going

SEXUALITY AND GENDER IDENTITY EQUALITY ACTION PLAN

Gaps addressed:
  • Varied responses between CPS Areas to homophobic crime
  • Workforce monitoring
  • Differences in staff views
Outcome areas:
  • Increased success in prosecuting Hate Crimes
  • Increased public confidence
  • Involving communities and staff in Service improvement
  • Increased workforce satisfaction
S1. Undertake a 'staff in post' monitoring exercise incorporating sexual orientation.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: Report to the Community Accountability Forum 2010-11

S2. Continue to enter Stonewall Equality Index and seek to improve CPS ranking.

Continue to enter the Stonewall Equality Index on an annual basis and seek to improve the CPS ranking. Engage with the LGBT Staff Network to act on the results.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: Report to the Community Accountability Forum 2010-11

S3. Implement training programme on the prosecution of homophobic and transphobic hate crime

... as part of the new training programme on prosecuting all hate crime.

Responsibility: Director of Equality and Diversity, Director of Human Resources, Director of Policy

Timescale: 2010-11 & on-going

S4. Support the LGBT Staff Network following the staff networks review.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11 & on-going

S5. Address any areas of significant difference relevant to sexual orientation.

Analyse the annual Civil Service People Survey and address any areas of significant difference in responses relevant to sexual orientation.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11 & on-going

S6. Include sexuality within future equality impact assessments

... where relevant and where data is available.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11 & on-going

S7. Include sexuality within future CPS monitoring

... both in employment and in prosecution practice where relevant and where data is available.

Responsibility: Director of Human Resources, Director of Equality and Diversity Chief Operating Officer

Timescale: 2010-11 & on-going

S8. Improve performance outcomes for Homophobic and Transphobic crime.

Responsibility: Director of Equality and Diversity, Director of Policy

Timescale: 2010-11 & on-going

RELIGION or BELIEF ACTION PLAN

Gaps addressed:
  • Monitoring of Religious Crimes
  • Monitoring of victim and witness details
  • Workforce monitoring
  • Differences in staff views
Outcome areas:
  • Increased success in prosecuting religious hate crimes
  • Increased public confidence
  • Increased employee satisfaction
RB1. Undertake a 'staff in post' monitoring exercise incorporating religion or belief profile.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11

RB2. Address any areas of significant difference relevant to religion and belief.

Analyse the annual Civil Service People Survey and address any areas of significant difference in responses relevant to religion and belief.

Responsibility: Director of Human Resources

Timescale: 2010-11 & on-going

RB3. Monitoring religiously aggravated hate crimes.

Responsibility: Chief Operating Officer, Director of Equality and Diversity

Timescale: 2010-11 & on-going

RB4. Implement training programme on the prosecution of religious hate crime

... as part of the new training programme on prosecuting all hate crime.

Responsibility: Director of Equality and Diversity, Director of Human Resources, Director of Policy

Timescale: 2010-11 & on-going

RB5. Include religion or belief within future equality and diversity impact assessment

... where relevant and where data is available.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11 & on-going

AGE EQUALITY ACTION PLAN

Gaps addressed:
  • Lack of defendant, victim and witness monitoring by age
  • Lack of workforce monitoring
  • Differences in staff perceptions
  • Differences in workforce experiences
  • Differences in workforce representation
Outcome areas:
  • Prosecution of Hate Crimes
  • Increased public confidence
  • Involving communities and staff in engagement linked to service improvements
  • Increased workforce satisfaction
  • Reduced significant differences in employee experiences
  • Representative workforce
A1. Continue to review and 'age equality proof' relevant HR policies in light of the age equality legislation.

Responsibility: Director of Human Resources

Timescale: On-going

A2. Introduce age monitoring as an integral part of equalities in employment monitoring

... and include in the CPS Annual Equalities in Employment Reports.

Analyse the results of age monitoring and identify any significant differences in experiences and representation.

Based on analysis above, identify age-based workforce targets as necessary.

Responsibility: Director of Human Resources, Director of Equality and Diversity

Timescale: 2010-11 & on-going

A3. Address any areas of significant difference relevant to age.

Analyse the annual Civil Service People Survey and address any areas of significant difference in responses relevant to age.

Responsibility: Director of Human Resources

Timescale: 2010-11 & on-going

A4. Engage with age equality groups

... to establish views and begin to build an ongoing dialogue with these groups.

Responsibility: Director of Policy, Director of Equality and Diversity

Timescale: 2010-11 & on-going

A5. Assess Area performance against the Crimes Against Older People Policy.

Areas to be assessed on their performance in relation to the themed review of the Crimes Against Older People Policy conducted 2009-10.

Responsibility: Director of Equality and Diversity

Timescale: 2010-11

A6. Include age equality within future equality and diversity impact assessments

... where relevant and where data is available.

Responsibility: Director of Equality and Diversity

Timescale: 2010-11 & on-going

A7. Include age monitoring within future monitoring of prosecution practice, victims and witnesses where relevant.

Responsibility: Director of Equality, Chief Operating Officer

Timescale: 2010-11 & on-going

A8. Steer the implementation of the CPS policy on prosecutions involving children and young people as victims and witnesses.

Responsibility: Director of Policy Chief Operating Officer, Director of Equality and Diversity

Timescale: 2010-11 & on-going

Next Steps

6.1 The twelve week public consultation period for comments on this consultation document finishes 10 March 2010. After that date we will:

  • draft a new Single Equality Scheme for 2010-11 taking into account:
    • views expressed during the involvement of our stakeholders,
    • views expressed during the public consultation period,
    • priorities set in our corporate Business Plan for 2010-11, and
    • Government-wide priorities set for 2010-11 and beyond.
  • hold final meetings of our Joint Project Board and the Disability Involvement Group to consider the draft scheme; and
  • publish the scheme in April 2010. (The scheme will include a full list of all our functions and policies relevant to the public sector equality duties.)

6.2 During 2010-11 the Equality Bill currently going through parliament will be enacted. It will bring together various separate pieces of discrimination law and will strengthen the law to support progress on equality. Provisions not to discriminate in relation to employment and services will be introduced in autumn 2010. The new public sector equality duty and related specific duties are expected to come into force in Spring 2011.

6.3 Throughout 2010-11 we will be taking into account these legislative changes and responding to them. We will also be drafting a new three year Single Equality Scheme to take account of the new public sector duties. That scheme will cover the period April 2011 to March 2014.

Annex A - Legal background

The CPS Equality Scheme covers the public sector equality duties under the Race Relations (Amendment) Act 2000, the Disability Discrimination Act 1995 (amended by the Disability Discrimination Act 2005), and the Equality Act 2006 (Gender Duty). Whilst there is currently no public sector equality duty covering age, sexual orientation, religion or belief, or gender reassignment, there are various laws prohibiting discrimination on these grounds.

Race Relations (Amendment) Act 2000

The Race Relations (Amendment) Act 2000 was the Government's response to the Stephen Lawrence Inquiry. That inquiry introduced the concept of 'institutional racism' within public bodies and the detrimental effect that it had on the way that public bodies carried out their functions.

The general duty under the Act requires public bodies, such as the CPS, to pay due regard to the need to:

  • eliminate unlawful racial discrimination;
  • promote equality of opportunity between persons of different racial groups; and
  • promote good relations between persons of different racial groups.

The elements of the duty are complementary and therefore all three aspects need to be addressed in order to show that the duty is being complied with.

There is also a specific duty on public bodies, such as the CPS, to publish a Race Equality Scheme which sets out how we intend to meet the general duty outlined above and to review the scheme every three years. Our race equality scheme will be part of our Single Equality Scheme.

In addition, the Act places specific duties on the CPS including:

  • assessing and consulting on the likely impact of proposed policies on the promotion of race equality;
  • monitoring policies for any adverse impact on promoting race equality;
  • publishing the results of any assessments, consultations and monitoring;
  • ensuring public access to information and services provided; and
  • training staff on the Race Equality Duty.

There is also a specific duty in relation to employment issues which requires the CPS to monitor:

  • staff in post;
  • applicants for employment, training and promotion;
  • staff receiving training;
  • staff who benefit or suffer detriment as a result of performance assessments;
  • staff involved in grievance procedures;
  • staff subject to disciplinary procedures; and
  • staff ceasing employment.

Disability Discrimination Act 2005

The Disability Discrimination Act 1995 has been amended by the Disability Discrimination Act 2005. There is a duty on all public authorities, when carrying out their functions, to have due regard to the need to:

  • promote equality of opportunity between disabled persons and other persons;
  • eliminate discrimination that is unlawful under the Act;
  • eliminate harassment of disabled persons that is related to their disabilities;
  • promote positive attitudes towards disabled persons;
  • encourage participation by disabled persons in public life; and
  • take steps to take account of disabled persons' disabilities, even where that involves treating disabled persons more favourably than other persons.

There is also a specific duty on public bodies, such as the CPS, to publish a Disability Equality Scheme which sets out how we intend to meet the general duty outlined above and to review the scheme every three years. Our disability equality scheme will be part of our Single Equality Scheme.

The overarching aim of the general duty is to promote equality of opportunity for disabled people, in a society where they are often excluded and marginalised. Disabled people are often constrained in their life choices, socially and economically. They often experience poverty and social exclusion, not as the inevitable result of their disabilities, but as a result of attitudinal and environmental barriers. By focusing on attitudinal and environmental barriers created by society which disadvantage disabled people, the CPS is adopting the social model of disability.

Equality Act 2006

The Equality Act introduced a duty on public bodies to promote gender equality. Discrimination on the basis of a person's gender was already prohibited in relation to employment and the provision of goods, facilities and services, under the Sex Discrimination Act 1975. However, with the introduction of the gender equality duty, public bodies are required to actively promote gender equality as they undertake their key functions. This has particular relevance for the activities and services carried out by criminal 42 justice agencies. The general Gender Equality Duty requires public authorities to have due regard to the need to:

  • eliminate unlawful discrimination with regard to obligations under the Sex Discrimination Act 1975 and the Equal Pay Act 1970 and to take steps to ensure compliance with these Acts; and
  • to promote equality of opportunity between men and women and take active steps to promote gender equality when carrying out functions and activities.

There are also specific duties for many public bodies, including the CPS, to help them meet their obligations under the general duty. The specific duties include:

  • publishing gender equality schemes, including equal pay policies, in consultation with employees and stakeholders;
  • monitoring progress and publishing progress reports every three years; and
  • conducting and publishing gender impact assessments on major new legislation and policy.

Our gender equality scheme will be part of our Single Equality Scheme. Gender inequality exists in all aspects of life; women are significantly underrepresented in senior decision-making positions, women's average income is less than that of men's, and almost one in two women experience domestic violence, sexual assault or stalking (British Crime Survey). The Gender Equality Duty is intended to address these deep-rooted inequalities and transform the sex discrimination law that was introduced in the 1970s, by shifting the burden from the individual having to make a complaint, to the public body having to show it is taking positive steps to promote equality. Women and men, including transgender people, may experience multiple forms of discrimination, depending on their age, ethnicity, sexuality, religion or belief and whether or not they are disabled. We are also mindful of the impacts that socioeconomic status and power can have and which can often exacerbate other forms of inequality. In order to understand and address the issue of gender equality - and race equality and disability equality - we will address these issues holistically in recognition of the multiple forms of discrimination that women and men face.

The CPS is committed to developing policies that are sensitive to gender differences, delivering services that are tailored to meet the different needs of men and women, employment practices that challenge workplace discrimination and procurement practices that promote equality.

OTHER LEGISLATION

There are legal obligations in respect of the 'new' equality strands of religion or belief, sexuality and gender identity and age. There are currently no statutory general equality duties in respect of these strands. The Equality Bill, if enacted in 2010, is expected to cover these new strands and will also introduce further protections for additional 'characteristics'. The legislation listed below provides a context for the inclusion of religion or belief, sexuality and gender identity and age in our Single Equality Scheme.

Equality in Employment Regulations (Religion or belief)

These Regulations came into force in December 2003 and apply to vocational training and all facets of employment, including recruitment, terms and conditions, promotions, transfers, dismissals and training. They make it unlawful on the grounds of religion or belief to discriminate directly or indirectly against anyone; subject someone to harassment; victimise someone because they have made or intend to make a complaint or allegation or intend to give evidence in relation to a complaint of discrimination on the above grounds; or to discriminate or harass someone in certain circumstances after the working relationship has ended.

At the time that these Regulations came into force, CPS policies already included religion as an area for potential discrimination. However, the regulations brought this within the equalities in employment legislative framework. Management Guidance was published in 2004 providing managers with guidance on recruitment, employment practices, monitoring and religious observance in the workplace.

Equality in the provision of goods, facilities and services (Religion or belief)

Part 2 of the Equality Act 2006 makes it unlawful for a public authority involved in providing goods, facilities or services to discriminate on grounds of religion or belief by:

  • refusing to provide a person with goods, facilities or services if they would normally do so to the public, or a section of the public to which the person belongs;
  • and providing goods, facilities or services of an inferior quality rather than those which would normally be provided, or in a less favourable manner (for example, hostile or less courteous) or on less favourable terms than would normally be the case.

Equality in Employment Regulations (Sexual Orientation)

These Regulations came into force in December 2003 and apply to vocational training and all facets of employment, including recruitment, terms and 44 conditions, promotions, transfers, dismissals and training. They make it unlawful on the grounds of sexuality to discriminate directly or indirectly against anyone, subject someone to harassment, victimise someone because they have made or intend to make a complaint or allegation or intend to give evidence in relation to a complaint of discrimination on the above grounds, or to discriminate or harass someone in certain circumstances after the working relationship has ended.

At the time that these Regulations came into force, CPS policies already included sexuality as an area for potential discrimination. However, as with the regulations regarding religion or belief, the regulations brought this within the equalities in employment legislative framework. Management Guidance was published in 2004 providing staff with guidance on staff recruitment, employment practices and staff monitoring.

Equality in the provision of goods, facilities and services (Sexual Orientation)

Section 81 of the Equality Act 2006 makes it unlawful for a public authority involved in providing goods, facilities or services to discriminate on grounds of sexual orientation by:

  • refusing to provide a person with goods, facilities or services if they would normally do so to the public, or a section of the public to which the person belongs; and
  • providing goods, facilities or services of an inferior quality rather than those which would normally be provided, or in a less favourable manner (for example, hostile or less courteous) or on less favourable terms than would normally be the case.

Age Equality Regulations October 2006

From 1 October 2006, the Employment Equality (Age) Regulations made it unlawful to discriminate against workers, employees, job seekers and trainees because of their age. The regulations cover recruitment, terms and conditions, promotions, transfers, dismissals and training.

The CPS has reviewed existing Human Resource policies to ensure that they are compliant with the new age regulations.

Gender Recognition Act 2004

The Gender Recognition Act 2004 (GRA 2004) provides for the legal recognition of the transsexual person in their acquired gender and their opportunity to acquire a new "birth" certificate for their new gender. This is called a Gender Recognition Certificate (GRC) and this will replace the originating birth certificate in all official documentation.

This also creates an offence of unauthorised disclosure in Clause 22 of the Act. It is now an offence for a person to disclose information acquired in an official capacity about the gender history of the holder of a Gender Recognition Certificate (GRC) as this is "protected information". The holder of a GRC is not obliged to inform their employer that they have one, but if they choose to do so this information on their gender history must be clearly established as "protected information".

It is not possible to hold a GRC until two years "post transition" and even then valid reasons exist for some transsexual people not to apply for legal recognition in their acquired gender. They may be married, for example and not intending to divorce. Nonetheless, in respect of either situation, it is good practice and in keeping with the letter of the law to regard all those who have transitioned gender identity as if a GRC is held, from the point of social (or presenting) gender change onwards.

Human Rights Act 1998, Articles 6 and 14

Article 6 states that everyone is entitled to a fair trial and public hearing within a reasonable time by an independent impartial tribunal established by law.

Article 14 refers to the prohibition of discrimination and states that the enjoyment of the rights and freedoms set forth in this Convention (European Convention on Human Rights) shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Annex B - Membership of Joint Project Board and Disability Involvement Group
(Community Stakeholders and CPS Staff Networks)

Joint Project Board

  • Beverley Akinbile, National Black Crown Prosecution Association
  • Brian Pearce, The Interfaith Network for the UK (virtual)
  • Chris Hartley, CPS LGBT Network
  • Davina James-Hanman & Karen Bailey, Greater London Domestic Violence Project
  • Deborah Gold, Galop
  • Derek Munn, Stonewall
  • Emma Scott, Rights of Women
  • Hal Barraclough, A:Gender
  • Kate Scott-Hughes, CPS LGBT Staff Network
  • Mark Brookes, Values into Action
  • Mervyn Kohler, Help the Aged
  • Mrs Doreen Lawrence, Stephen Lawrence Charitable Trust
  • Norbert Marjolin, NSPCC
  • Pepper Harow, British Humanist Association
  • Pragna Patel, Southall Black Sisters (virtual)
  • Stephen Brookes, Disability Consultant
  • Suresh Grover and Yasmin Jarswal, Monitoring Group
  • Suzanne Humphreys, CPS Disability Staff Network

Disability Involvement Group

  • Amy Whitelock, MIND
  • Anne Novis, Co-Chair Metropolitan Police Service Disability Independent
  • Advisory Group Caroline Ellis, RADAR
  • Catherine Bewley, Values into Action
  • Jon Wyllie, RNIB
  • Louise Wallis, RESPOND
  • Marije Davidson, RNID
  • Michelle Valentine, Disability Forward Limited
  • Stephen Brookes, Disability Consultant
  • Suzanne Humphreys, CPS Disability Staff Network

Annex C - Outcomes from our current Single Equality Scheme (2006-10)

Introduction

1. The CPS Community Accountability Forum has reviewed the annual progress reports for years 1 and 2 of the Single Equality Scheme (2006-10). Both annual reports can be accessed via the Equality and Diversity section on the CPS website www.cps.gov.uk. A third and final report will be available in July 2010.

Key outcomes from Year 1 of the Single Equality Scheme

2. Set out below are some of the key outcomes from the first year of the Single Equality Scheme:

  • continued reductions in unsuccessful outcomes for hate crime prosecutions;
  • continued reductions in unsuccessful outcomes for domestic violence prosecutions;
  • a reduction in the percentage of surveyed Black and minority ethnic members of the public who feel the CPS would treat them less favourably than others (down from 14% to 11%);
  • a new Violence Against Women Strategy and Action Plan completed;
  • a new Disability Hate Crime Policy and Guidance for prosecutors completed;
  • monitoring of disabled victims, witnesses and defendants introduced;
  • a new policy on Crimes Against the Older Person completed;
  • a refreshed and revised Homophobic and Transphobic policy and guidance for prosecutors produced;
  • a refreshed and revised Racist and Religious crime policy and guidance for prosecutors produced;
  • a Rape Prosecutions Delivery Unit has been set up and a manual for rape prosecutors and an e-learning package has been developed;
  • publication of a policy statement and guidance on the prosecution of intentional and reckless transmission of sexually transmitted infections, substantially informed by community input and positively received by a range of stakeholders;
  • eight "Information, listening and reassurance" events were held across the country in areas with large Muslim communities;
  • legal guidance produced on prosecutions involving children and young people as victims or witnesses;
  • transgender guidance issued to managers;
  • regional staff focus groups held to discuss the Single Equality Scheme in relation to employment;
  • publication of the CPS Annual Equalities in Employment Report;
  • review of the staff equality networks conducted;
  • biennial Staff Survey report produced;
  • equal pay review conducted; and
  • successful participation in the Cabinet Office pilot on religion or belief and sexual orientation employment monitoring.

Key outcomes from Year 2 of the Single Equality Scheme

3. Set out below are some of the key outcomes from the second year of the Single Equality Scheme:

  • continued reductions in unsuccessful outcomes for hate crime prosecutions;
  • continued reductions in unsuccessful outcomes for violence against women prosecutions;
  • equality inputs to a range of HR policy reviews and development;
  • continued advice and support to ensure effective formation of CPS Staff Networks;
  • a community consultation panel established nationally on incitement to hatred and violent extremism;
  • the Equality and Diversity Unit and Policy Directorate conducted a themed review of disability hate crime. This involves Areas assessing their own performance and producing an action plan to improve performance. Progress will be assessed in 2010-11 and 2011-12;
  • a further 4 specialist courts with Independent Domestic Violence advisers in place bringing the total to 104;
  • continued measurement and assessment of our community engagement activities across all Areas twice yearly;
  • continued advice and support to HR on the CPS Advocacy strategy (a strategy to increase the number of cases handled by CPS Advocates in court);
  • July 2008 legal guidance on Crimes Against Older People produced;
  • October 2008 produced and disseminated a good practice and lessons learnt toolkit on homophobic and transphobic crime;
  • Autumn 2008 saw the first assessment of the larger Chambers used by the CPS against the CPS Equality and Diversity Expectations Statement. The statement is a set of standards which the CPS expects Chambers to meet when their members undertake work for the CPS;
  • December 2008, the first annual violence against women crimes report published with significant regional and local media coverage;
  • December 2008 the first comprehensive hate crime report for 07/08 produced;
  • December 2008 the Diversity Delivery Plan 2008-11 produced. This is part of a Cabinet Office initiative to increase workforce diversity across government. Each government department must: complete a plan for approval by the Cabinet Office, work to build an inclusive culture, and deliver on specified targets by 2011;
  • January 2009 charging equality impact assessments produced for 2006-07 and 2007-08;
  • March 2009 a draft ten year anniversary stocktake report on the CPS response to the Stephen Lawrence Inquiry report produced and a roundtable seminar held with relevant internal and external representatives invited; and
  • March 2009 the policy on the prosecution of rape refreshed.

Key outcomes related to community engagement since 2007

4. The CPS has undertaken community engagement for many years. Since 2005, the CPS' programme of community engagement has intensified and the effectiveness of community engagement has been measured.

National engagement - policy development

5. Recent policies that have benefited from consultation include:

  • a refreshed and revised Racist and Religious crime policy and guidance for prosecutors;
  • a refreshed and revised Homophobic and Transphobic crime policy and guidance for prosecutors;
  • a refreshed and revised Domestic Violence policy;
  • a refreshed and revised Rape policy;
  • a new Violence Against Women Strategy and Action Plan;
  • a new Disability Hate Crime policy and guidance for prosecutors; and
  • a new policy on Crimes Against the Older Person.

National engagement - Community Accountability Forum

6. At national level, a Community Accountability Forum has been established and has met 11 times since 2007. Over the past year some of the key items considered by the forum include:

  • equality impact assessments reports on charging decisions 2006-07 and 2007-08;
  • update on the development of hate crime scrutiny panels and community involvement panels;
  • open discussion on hate crime law and policy - with a focus on learning disability;
  • consultation on draft hate crime summary leaflets;
  • consultation on a refreshed domestic violence policy;
  • consultation on a refreshed rape policy;
  • consultation on CPS draft business planning priorities for 2009-10;
  • consultation on a refreshed equality and diversity strategy; and
  • consultation on a refreshed equality and diversity policy statement.

Engagement at Group level - Community Involvement Panels

7. At Group level, 11 community involvement panels have been set up. Four other panels are still in the process of being established. Panels are made up of community members and CPS lawyers. Some panels also have representatives from other statutory agencies. The panels provide a consultative forum in relation to a wide range of CPS business:

  • strategies and business plans;
  • equality and diversity issues;
  • community engagement plans;
  • victim and witness issues;
  • scrutiny as appropriate (e.g. one panel has scrutinised a random sample of correspondence with victims); and
  • other local issues proposed by either individual Areas, the Group, or by community members.

8. Some of the actions taken by individual Groups as a result of recommendations from community involvement panels include:

  • accessible summaries of business plans have been produced and distributed;
  • keeping the community involvement panel informed of progress against targets set in the business plan;
  • business plans amended to reflect the comments made by panels;
  • community involvement panel representatives attending Area Management conferences held to discuss Area Delivery Plans;
  • conferences held to inform target equality groups about new prosecution statements and policies;
  • regular newsletters produced explaining the work of the panel;
  • specific leaflets produced targeted at particular victims;
  • leaflets produced making CPS policies more accessible;
  • increasing engagement with target groups as suggested by the panels;
  • expanding panel membership to groups requested by the panel;
  • disseminating further information about the work of panels;
  • increased use of existing community networks to disseminate information about the CPS;
  • links to the local CPS website have been put on community organisation websites;
  • seminars organised for staff and delivered by community groups;
  • increased use of local media to explain the work of the CPS;
  • community involvement panel members have visited pre-charge centres, Witness Care Units and courts;
  • greater use of staff networks;
  • processes put in place to improve Direct Communication with Victims (DCV), e.g. sampling letters, quality assurance;
  • increased partnership working between panel members and the CPS, outside community involvement panel meetings; and
  • as appropriate, recommendations passed on to CPS partners.

Engagement at Area level - Hate Crime Scrutiny Panels

9. At April 2009 there were 42 Hate Crime Scrutiny Panels covering 40 Areas. Two Areas are still establishing panels and two Areas have more than one panel. The make up of the panels varies across the country, but the vast majority are made up of community members, an independent community facilitator/chair, an independent lawyer, and senior CPS lawyers. Other CJS partners also take part in some panels. Of the 42 panels in place, 27 scrutinise cases related to all types of hate crime, including racist and religious hate crime, 9 panels look exclusively at domestic violence and/or violence against women, 3 panels look exclusively at racist and religious hate crime, and the remaining 3 panels look exclusively at homophobic and transphobic hate crime.

10. The purpose of scrutinising randomly selected finalised hate crime case files is to:

  • increase the understanding by communities of the CPS decision-making processes in relation to hate crime;
  • increase the understanding by the CPS of how the decision-making process can be improved from a community perspective;
  • inform CPS lawyers, and where relevant other agencies, of relevant learning arising from the scrutiny of case files; and
  • identify good practice and lessons learnt for sharing with all parts of the service.

11. Some of the actions taken by individual Areas as a result of recommendations from community involvement panels include:

  • improvement to protocols with other agencies, or the development of new protocols or standards;
  • reminders to lawyers of learning points via local newsletters, news briefs, special circulars, posters, team meetings, emails, individual letters;
  • face-to-face meetings with case lawyers to pass on learning;
  • issues raised at strategic management board;
  • meetings with relevant parties to remedy procedural or other problems found during scrutiny, e.g. meeting with local social services to agree a new protocol for third-party material;
  • as appropriate, recommendations are passed on to CJS partners;
  • improvements to forms, procedures and processes;
  • provision of refresher training - with input from the community;
  • community members delivering seminars to staff on various issues;
  • use of learning from scrutiny process to inform existing training programmes, e.g. the second tranche of streamlined process training;
  • feedback to staff, including positive feedback;
  • learning from scrutiny used to inform pending thematic reviews in the CPS;
  • problems addressed through the Case Work Quality Assurance process;
  • extending engagement activity to reach minority communities, e.g. Gypsy and traveller communities; and
  • dissemination of publicity material throughout the community that explains the work and value of the panels.

Measuring engagement

12. The CPS has measured the effectiveness of its community engagement performance since 2005-06. The performance indicator used in this process has been made more robust over the years and currently measures performance in relation to:

  • evidence of leadership;
  • whether a wide range of engagement is taking place; and
  • what action is taken to improve the Area service as a result of lessons learnt through engagement.

13. The 42 CPS Areas are evaluated at least once a year using a traffic light 'RAG' rating. At October 2009, 26% of Areas were green, 43% were amber green, 26% were amber red, and 5% were red.

National Schools Project

14. This project was initiated by CPS Derbyshire in partnership with the local education authority. It consists of a two hour interactive lesson for pupils to learn about the work of the CPS and the wider criminal justice system. The lesson can be adapted for different learning environments and different groups of pupils and is given as part of the citizenship curriculum. During 2010 this lesson will continue to be rolled out across all CPS Areas.

Community prosecutor approach

15. This is a new approach to prosecution that builds on the move towards greater community engagement which the CPS has been taking forward in recent years. There are three main strands to the delivery of the community prosecutor approach:

  • more 'community-aware' decisions, for example, through prosecution teams taking account of local community concerns when considering the public interest;
  • greater CPS involvement in 'problem-solving' of local crime and disorder priorities, building on the work already being carried out by the anti-social behaviour prosecutors and other 'specialist' prosecutors; and
  • increased visibility to communities and other agencies of the CPS responding to local crime and disorder concerns.

16. The aim of the community prosecutor approach is to enable the CPS to provide a more locally responsive service than it can at present. It will also enhance the CPS' ability to respond to local needs and circumstances. CPS prosecution teams will be better informed about matters of local concern, have a better understanding of the communities they serve and will have stronger links with people from surrounding neighbourhoods. Local people will see the information they provide being used more effectively to help tackle the offences which are of most concern.

17. The community prosecutor approach is being tested in 49 localities across a wide range of CPS Areas during 2009-10. On completion of the evaluation of these test localities, the community prosecutor approach will be rolled out across the CPS Areas during 2010-11.

Annex D - Explanation of terms used and list of abbreviations

Explanation of terms used

Capability Review

These are reviews of government departments organised by the Cabinet Office. The aim of a review is to consider the capacity of government departments, and the leadership within those departments to deliver their services. Follow-up reviews take place to ensure that improvements have been made as a result of earlier reviews.

Civil Service People Survey

This is an annual survey of staff covering 96 government departments, agencies and non-governmental bodies. Through a consideration of staff attitudes and work experiences, innovation, efficiency and staff well-being can be improved.

Community involvement panels

The panels are made up of a diverse range of members of the community and CPS staff. The purpose of the panels is to partner with the CPS in considering local business plans, actions related to engagement and equality, any victims and witness issues that arise, and other issues relevant to the locality.

Direct Communications with Victims

A direct communication with the victim of a crime is required to be sent within five working days if a decision is made by the CPS not to proceed in respect of a particular charge, or, where a decision is taken to substantially alter a charge. In addition, a meeting should be offered to the victim in certain categories of cases. There is an enhanced service for vulnerable and/or intimidated victims, who must be notified within one working day of the decision.

Diversity Delivery Plan

In July 2008 a new civil service strategy on equality and diversity in employment, 'Promoting Equality, Valuing Diversity' was launched. This sets out key areas for action which include: a focus on targets; actions to address behaviour and culture change; leadership and accountability; talent management and representation. Each government department has produced a Departmental Delivery Plan which sets out how each department will deliver the civil service-wide strategy. In the CPS this is our Diversity Delivery Plan.

Equality impact assessment

If the CPS decides to change the way it works by bringing in new policies or new functions, or by changing existing policies or functions, the CPS needs to consider how these changes might affect different groups in the community and in the workplace. If the changes might unjustifiably disadvantage a particular group, steps should be taken to deal with this situation. This whole process is called an equality impact assessment.

Hate crimes

A hate crime is any criminal offence that is motivated by hostility or prejudice based upon the victim's: disability; race; religion or belief; sexual orientation or gender reassignment.

Hate crime scrutiny panels

The panels are made up of a diverse range of members of the community and CPS staff. The panels are chaired by a member of the community. The purpose of these panels is to scrutinise randomly selected finalised hate crime case files. Lessons learnt are used to improve the prosecution of hate crimes.

Monitoring

This is a process of gathering information (most often quantitative but also qualitative) in order to find out if the way we are running our service or the way we treat our staff, disadvantages or discriminates against any particular communities or group of employees.

The People Measure

The People Measure is a CPS indicator used to measure improvements in the way the CPS leads, manages and engages staff.

Performance Development Reviews

The system used by the CPS to measure the performance of staff and to plan their future professional development.

Strategic stakeholder management project

This project has been set up to look at co-ordinating the activity the CPS has with all key stakeholders.

Streamlined process

This initiative is aimed at ensuring that in certain cases, the stages before a decision to charge is made, and the paperwork used to make those decisions, are streamlined whilst remaining sufficient and proportionate.

Abbreviations

CAF - Community Accountability Forum

CCP - Chief Crown Prosecutor

CPS - Crown Prosecution Service

DV - Domestic Violence

HR - Human Resources

VAW - Violence Against Women

WCU - Witness Care Unit

Annex E - Response Form

To respond to "Proposals for our next Single Equality Scheme (2010-11), Public Consultation Document December 2009", please read this consultation document and then to respond:

By email

By post

Equality and Diversity Unit (Equality Scheme)
The Crown Prosecution Service
50 Ludgate Hill
London
EC4M 7EX

Your response must get to us by 5pm 10 March 2010.