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Hampshire And Isle Of Wight

Area Inspection Action Plan

In previous year’s we have annexed a full copy of the actions in respect of the recommendations and suggestions made by Her Majesty’s Crown Prosecution Service Inspectorate in its 2001 report on CPS Hampshire and the Isle of Wight.

In preparation for our Area Business Plan 2003-2004 we have, once again reviewed our progress against those recommendations and suggestions. This has resulted in us being able to confirm that we have discharged a number of those items and therefore, in this year’s Annual Business Plan we have updated our Action Plan to simply include those actions which remain outstanding as at March 2003.

We will continue in our work to fully achieve the remaining issues following our Inspection.

Section 1: Introduction

This is the fifth Annual Business plan for The CPS Hampshire and Isle of Wight Area, following the restructuring of The Crown Prosecution Service in April 1999, and it covers the period between April 2003 and March 2004.

Hampshire covers some 380,000 hectares (1,455 square miles). It has a population of over 1.75 million people, with major centres in Southampton, Portsmouth, Winchester and Basingstoke. Ninety percent of the Area is given over to agriculture. There are two major ferry ports on the south coast of Hampshire at Portsmouth and Southampton. Over 3.4 million people every year uses these ports to travel to the continent and to the Channel Islands. As a result, a large number of people pass through Hampshire en route elsewhere. This necessarily has an impact on the type of crime committed and on the availability and willingness of witnesses to return to give evidence, if required to do so.

Since our last Business Plan we have continued to build upon the structural changes that were recommended in Sir Iain Glidewell’s report into The CPS. We have Criminal Justice Units at Aldershot, Basingstoke, Portsmouth and Southampton; two Trials Units, one based at Eastleigh, which covers the Crown Court sitting at Winchester and Southampton, and the other at Portsmouth which serves its local Crown Court. There is a joint Criminal Justice Unit and Trials Unit at Newport (Isle of Wight), serving the Crown Court and the magistrates’ court which sit there.

In this year’s Business Plan, we continue to build upon the improvements that the structural changes have engendered. We have enjoyed close working relationships with other criminal justice system partners. We are looking forward to building upon those relationships, with the newly formed Local Criminal Justice Board, at which we will play our full part in delivering a local service and driving forward the improvements necessary to achieve our aims under the Public Service Agreement targets. This, in turn, will provide a cohesive criminal justice system of which we can be proud and which best serves the communities in Hampshire and the Isle of Wight.

A review of our work in 2002/3003 is set out in our Annual Report, a copy is attached at Annex A.

Section 2: CPS Objectives, Priorities and the Delivery of PSA Targets

NARROWING THE JUSTICE GAP

Strategies and Processes

1.1 We will take all necessary steps to ensure that we meet our commitments in our Delivery Agreement and our Action Plan in relation to Narrowing the Justice Gap, which were submitted to the Home Office in early 2003. The target for the criminal justice system in Hampshire and the Isle of Wight is to bring an additional 1,592 offenders to justice in 2003/2004.

1.2 We will work to deliver our commitments under the persistent offender scheme, to ensure that those who commit a large proportion of crimes in our Area are effectively brought to justice, by:

  • improving the quality and frequency of pre-charge advice;
  • ensuring that the correct charge is determined as early as possible; and
  • working with Hampshire Constabulary to ensure that a high quality file is available to enable informed decision making.

1.3 We will review our inter-agency protocols to ensure that they are still valid and are continuing to deliver our objectives under narrowing the justice gap.

1.4 We will ensure that those instructed to act on our behalf are fully aware of our commitment to narrowing the justice gap and that their contribution to our plans is secured and maintained.

1.5 We will seek to refine and improve, where necessary, our case allocation and review systems to ensure that we are in a position fully to comply with judicial orders and that evidence is properly reviewed, thus helping to reduce the justice gap.

1.6 We will work closely with the Magistrates’ Court Committee and the Court Service to reduce the rates of cracked and ineffective trials.

1.7 We will finalise our actions in respect of the recommendations and suggestions made by Her Majesty’s Crown Prosecution Service Inspectorate in its 2001 report on CPS Hampshire and Isle of Wight. A copy of our revised Action Plan is attached at Annex B.

1.8 We will continue to examine the quality of our casework decisions in Hampshire and the Isle of Wight through:

  • regular line management checks;
  • monthly returns on file sample quality;
  • comprehensive analysis of all cases that result in a successful submission of no case to answer in the magistrates’ court or a judge ordered acquittal in the Crown Court;
  • comprehensive analysis of all cases in which the court makes a wasted cost order against The Crown Prosecution Service;
  • review at a senior level of any case in which there is a complaint about the quality of the decision taken, either to proceed with or stop the prosecution;
  • continuing to monitor the quality of file endorsements in respect of all key casework decisions and progressions by monthly sampling of files; and,
  • ensuring that the Area follows the guidance issued by our Casework Committee.

1.9 We will maintain a robust system to verify the accuracy of calculations that support the custody time limit regime under section 22, Prosecution of Offences Act 1985.

1.10 The Chief Crown Prosecutor will continue to provide Area-wide guidance on casework matters that impact on the decision whether to prosecute a defendant in any particular case, after consultation with the most senior lawyers in the Area through Hampshire and Isle of Wight Casework Committee.

1.11 We will work with the police to ensure those who take the decisions in relation to the prosecution are fully aware and trained to deal with and meet the requirements of the revised guidance on the disclosure of unused material (Joint Operational Instructions), and that both agencies fully comply with their duties under the Criminal Procedure and Investigations Act 1996.

1.12 We will continue to enforce our Service Level Agreement with the local police on Joint performance Management so that at least 90% of TQ1s are properly completed and returned to the police.

1.13 We will work with the Court Service to ensure the effectiveness of pre-trial processes through effective case management and directions.

1.14 We will prepare for and implement our updated IT system, COMPASS, due for delivery to the Area in June 2003. We will ensure that staff are fully trained to meet the demands of the new system and that training is delivered to obtain maximum use from it.

1.15 We will plan for and embrace forthcoming changes in legislation to enable The Crown Prosecution Service to take the decision to charge for certain offences. This will include:

  • planning for and implementing a pilot system throughout the Area for the delivery of pre-charge advice, by December 2003;
  • ensuring our legal team is fully equipped to deal with the changes.

IMPROVING PUBLIC CONFIDENCE

Strategies and Processes

2.1 We will continue to work constructively with our criminal justice agency partners to improve the quality of care for victims and witnesses, specifically by:

  • continuing with our plans for the creation of a dedicated Witness Care Unit at our site at Crown House in Portsmouth, our intention being to open the Unit in autumn 2003;
  • contributing fully to the Criminal Justice Board sub-group which has been established to consider all aspects of victim and witness care;
  • reviewing the Service Level Agreement which sets out the standards required in terms of victim and witness care and implementing any revisions;
  • building on the work we have already undertaken to meet our obligations under the Department’s ‘Direct Communications with Victims’ initiative, so that the victims of crime are given a detailed written explanation of the reasons why charges are not proceeded with or why they are substantially amended;
  • extending the categories of case in which we offer victims the opportunity of meeting the reviewing lawyer in person to discuss the issues to include victims of homophobic crime;
  • ensuring that, in all appropriate cases, applications are made for the use of special measures so that vulnerable witnesses may feel more at ease in giving their evidence; and
  • continuing to raise staff awareness about the issues involved in dealing with victims and witnesses so that they understand better the difficulties that some witnesses face in giving evidence.

2.2 We will continue to work to secure the best quality advocacy in relation to those whom we instruct, by:

  • continuing to work with Counsel instructed in the Crown Court to ensure the provision of witness ‘batting orders’ in cases going to trial, thereby reducing unnecessary delays and waiting time for witnesses;
  • we will continue to monitor the advocacy standards of our staff and those whom we instruct to ensure that the highest possible standard of presentation is maintained in each case;
  • we will analyse, through our Equality and Diversity Committee, the distribution of work to counsel whom we instruct to ensure all work is allocated fairly and without discrimination.

2.3 We will continue to mainstream issues of equality and diversity to ensure that we fully comply with our obligations, by:

  • ensuring that our policies and local plans fully take account of our Race Equality Scheme;
  • continuing to ensure that all job advertisements are distributed to members of our Equality and Diversity Committee and that we look into publication of such adverts in minority ethnic press;
  • publishing leaflets in relation to our commitment to minority communities in Hampshire and the Isle of Wight. Building on the leaflets published in 2002, we will produce leaflets in relation to disability issues and domestic violence;
  • continuing to maintain and review our local Diversity and Racial Equality Action Plan to address issues of equality and diversity and in order to continue to heighten staff members’ awareness of the issues. A copy of our plan is attached at Annex C;
  • delivering performances of our ‘Diversity Play’, specifically commissioned and written for The CPS, police, probation service and prison service in Hampshire and the Isle of Wight. We will embrace the findings of the workshops following the play and ensure equality and diversity is mainstreamed into everything we do, by October 2003; and
  • continuing to monitor our current staffing profile and compare it to the wider population in Hampshire and the Isle of Wight to maintain and improve levels of staff from ethnic minorities.

2.4 We will maintain our robust systems for the handling of complaints so that they may be dealt with speedily, effectively and thoroughly throughout the Area.

2.5 We will play our full part in issuing publicity material to every household in Hampshire and the Isle of Wight to advise of the existence and purpose of the Local Criminal Justice Board, by 30 April 2003.

2.6 We will continue to ensure that all those who take casework decisions consider the effect of the Human Rights Act 1998, so that all our decisions are taken and recorded in accordance with its provisions.

2.7 We will continue with our commitment to raising public confidence in the criminal justice system in Hampshire and the Isle of Wight, by:

  • continuing to build on the work of our ‘Outreach’ programme, to engage the community whom we serve and to raise public awareness of the work of The CPS;
  • employing a Communications Officer who will be responsible for overseeing our Outreach Programme and for raising the profile of the Area in the local community. Our Communications strategy can be found at Annex D;
  • ensuring that all who are responsible for casework decisions are fully aware of and comply with The Crown Prosecution Service Policies in relation to homophobic crime, domestic violence and cases with a minority ethnic dimension; and
  • continuing to maintain our links with Southampton City ‘Hidden Targets’ Group, specifically looking at issues involving the LGBT Community. We will seek to expand this work to reach other areas of the LGBT community in Hampshire and the Isle of Wight.

2.8 We will aim to be an organisation which people of ability and enthusiasm want to join for some or all of their working lives, by:

  • embracing the findings of the assessment for re-accreditation for our Investment in People standard, due in March 2003;
  • continuing to address the issues raised in the 2002 staff survey.

2.9 We will continue with our commitment to our staff development, by:

  • ensuring that staff at all levels are offered training appropriate to their and our business needs, this will be monitored through our Training Committee. A copy of our Training Plan for 2003/04 is attached at Annex E;
  • building on successes of joint training with the police and seek to make improvements to this in the forthcoming year; and
  • building on the workshops we held for our managers last year to ensure they are fully equipped to effectively manage the Area and their staff and that our policies in relation to Dignity at Work and Equality and Diversity are fully adhered to.

VALUE FOR MONEY

Strategies and Processes

3.1 We will continue to work to ensure effective deployment of Designated Caseworkers and High Court Advocates.

3.2 We will improve our payment of counsel fees under the graduated fee scheme ensuring that in 80% of cases authorisation for payment is sent from our Trials Units to the Service Centre within 10 days.

3.4 Following the results of the Best Value Report, due in summer 2003, we will work with the police to realise savings and consider improvements, where necessary, in both resources and systems in relation to our Glidewell structure.

3.5 We will continue with our programme to train caseworkers to deal with committal preparation.

3.6 We will manage the estate to meet changing business needs.

3.7 We will make full use of the costed training report, issued each month, to ensure that all training is linked to both individual and business needs.

3.8 We will pay all undisputed invoices within 30 days.

3.9 Where public funds are to be utilised, we will ensure that in all cases the expense is l linked to the business need and that value for money is obtained.

3.10 We will work with Hampshire Constabulary in considering any improvements to be made following their Best Value Review, the results of which are due to be published in the summer of 2003.

KEY RISKS TO ACHIEVEMENT OF PSA TARGETS 2003-2004 AREA/SERVICE CENTRE:

Risk1:

Failure to deliver our actions from our narrowing the Justice Gap Plans.

Owner:

CCP

Liklihood/Impact

High/High

Existing Countermeasures

The Chief Crown Prosecutor currently sits as Chair of the Local Criminal Justice Board, charged with driving forward delivery.

The Area’s CJB Performance Manager is in post and has spent 5 days with The CPS to raise awareness and consider key issues facing the service.

The Area Business Manager sits on the Operational Management subgroup charged with delivery of the action plan.

A protocol in relation to the execution of bench warrants has been drafted and awaits signature.

A supporting Action Plan in relation to Persistent Offenders has been prepared and submitted.

Work is underway to produce agreements between The CPS and police as to premium service to be applied to persistent offender cases.

All staff are aware of our commitment to the PSA targets through CCP/ABM road shows held in late 2002.

The Area has employed Performance Officers for each of its Units who have been specifically tasked with improving and delivering on targets.

The Area receives and shares information with partner agencies in relation to performance. Data in relation to cracked and ineffective trials is shared in both the magistrates’ courts and the Crown Court and acted upon.

Risk Assessment Effectiveness and Sufficiency of Countermeasures

The current countermeasures are deemed to be effective. However, they will only be effective if properly communicated to all staff and all staff understand the relevance.

Risk Status (Red, amber, Green)

Amber

Proposed Countermeasures (With action/review dates)

Units to produce Unit Plans for 2003/2004 to reflect their own targets and contributions to the PSAs.

Continued communication needed to re-enforce messages to staff.

Individual objectives to mirror Departmental/Area and Unit objectives.

Complete Action Plan in relation to the piloting of a pre-charge advice scheme and implement by 1 July 2003.

Ensure JTrack training is completed by 30 June 2003.

Risk 2:

Ineffective Case Management.

Owner:

ABM

Liklihood/Impact

Low/High

Existing Countermeasures

The Area’s Units monitor the delivery of advice to the police.

Co-ordinators are in place in all Units to support lawyers dealing with racial incident cases, domestic violence cases, homophobic attacks, youth cases and child witness cases to ensure appropriate progression.

Unit Heads see all adverse cases and analyse the outcomes. Area continues to utilise Connect 42 system to track cases and has begun planning for the implementation of COMPASS.

Collocation of the CJUs in the police station has begun to see savings in terms of file progression.

Risk Assessment Effectiveness and Sufficiency of Countermeasures

It is felt that these countermeasures are sufficient to capture those cases. However, the Area will need to learn lessons from case progression failures and put mechanisms in place to provide adequate feedback to the police.

Risk Status (Red, amber, Green)

Amber

Proposed Countermeasures (With action/review dates)

The Area has begun its planning for the introduction of charging pilots throughout the counties.

The Area’s lead for implementation of COMPASS is to produce a strategy to ensure that the Area is fully prepared; that cases are effectively progressed during implementation; and that staff receive adequate training.

The Area has increased its commitment to the delivery of TQ1s to the police. TQ1s to be returned in 90% of cases.

Work to be undertaken following the Constabulary’s Best Value Review, the results of which are due in summer 2003.

Risk 3 :

Poor quality decision making.

Owner:

CCP/Unit Heads

Liklihood/Impact

Low/High

Existing Countermeasures

File ownership is in place in all Units.

The Area has a system for monitoring advocacy for internal and external advocates.

Dip sampling occurs in each Unit on a monthly basis to consider all aspects of the case, including quality checks on the decision-making process.

Arrangements exist with barristers’ chambers to provide de-briefing on identified cases to ensure that we all learn from any mistakes.

In January 2003, the Area implemented its rotation policy to ensure that skills are improved and maintained.

The Area has begun planning for the joint training of CPS and police staff to deliver our commitment in relation to the Joint Operational Instructions on Disclosure of Unused Material.

Risk Assessment Effectiveness and Sufficiency of Countermeasures

The existing countermeasures go some way to reducing the risk but will be strengthened by implementing the further measures proposed.

Risk Status (Red, amber, Green)

Amber

Proposed Countermeasures (With action/review dates)

The Area will reduce its use of Agents who prosecute magistrates’ court trials.

The Area will deliver Areawide casework advice on specific topics.

The Area will deliver training in relation to the Proceeds of Crime Act.

Joint training is to be delivered with the Constabulary dealing with the quality of investigation

Risk 4:

Failure to deliver precharge advice scheme.

Owner:

CCP

Liklihood/Impact

High/High

Existing Countermeasures

Members of the Senior Management have begun the planning process to include lessons learnt from Charging Pilot Areas.

Risk Assessment Effectiveness and Sufficiency of Countermeasures

The countermeasure is thought to be the first, most effective step in the process, but is not sufficient to reduce the risk. The proposed countermeasures will be needed to reduce the risk and secure the implementation of the pilot by December 2003.

Risk Status (Red, amber, Green)

Red

Proposed Countermeasures (With action/review dates)

The Area to agree with the Constabulary the mechanisms for delivery of the scheme to include greater use of section 47(3) bail.

Planning with all CJS partners to ensure effective working practices are in place fully to implement the pilot.

The Area to develop strategies and processes to support aim.

Communication of plans to all staff and CJS partners about why the charging pilot is necessary and its implementation..

Risk 5:

Failure to engage the community and deliver our promises concerning the outreach programme and victim/witness liaison

Owner:

ABM

Liklihood/Impact

Medium/High

Existing Countermeasures

The Area plays an active and full part in the Race Issues Sub Group, a multi -agency Committee investigating the best way forward in terms of engaging with the community.

The Area has jointly funded a Community Engagement Officer to assist in the community liaison work.

The Area is taking part in the pilot stakeholder survey, the results of which are due for publication in April 2003. This will give the Area a benchmark on which to build.

Area has produced and delivered actions in relation to the commitment made to the Hidden Targets Action Plan.

All Units submit a monthly return to the Areas concerning events which have taken place connected to the Outreach Programme.

The Area has implemented the Direct Communications with Victims Policy, thus improving the service to victims of crime. Unit Business Managers provide assurances that systems are capturing all cases where letters should be written.

The Area has planned, in its budget for 2003/2004, significantly to increase its lawyer complement.

The Area has begun the refurbishment of the ground floor of Crown House, Portsmouth which will lead to the creation of a dedicated Witness Care Unit.

The Local Criminal Justice Board has drafted a leaflet to raise awareness amongst residents in Hampshire and the Isle of Wight of the existence of the Local Criminal Justice Board and of the work undertaken by the agencies. This is due for publication in April 2003.

The Area has advertised for a Communications Manager to take forward media liaison and our Outreach Programme.

Risk Assessment Effectiveness and Sufficiency of Countermeasures

The risk to the current countermeasures will increase should the funding not continue for the current project and if the Area fails to recruit a suitable candidate for the Communications Manager post or further lawyers.

The success of these countermeasures depends upon the provision of continued funding for the Race Issues Sub-Group; the Area’s success in recruiting a Communications Manager and further lawyers.

Risk Status (Red, amber, Green)

Amber

Proposed Countermeasures (With action/review dates)

The Area will address the issues arising out of the stakeholder survey and will produce a clear action plan where needed.

Communications Manager will oversee the Outreach programme to ensure that all are playing a full part and that we are reaching all minority groups.

The Area will improve its systems for the collation of the figures for the Direct Communications with Victims Initiative.

Improvements to be made to the number and timeliness of letters.

Forecast outcome volumes 2003-4, 2004-5, 2005-6

Explanation of Variances that exceed +/- 5%

Magistrates Court Categories

B1 Advice only

With the start of the Charging pilots, and with a general improvement in the recording of advice for Performance Indicator purposes, this will lead to an increased volume of advice cases over the three years.

As a direct result of Charging pilot it will mean that the Area will expect a reduction in the amount of cases that are dropped, bound over and written off.

The Area is planning to increase the Lawyer complement which will improve the reviewing process, ensure continuity in the prosecution of cases and better file endorsements.

The Area expects the volume of Guilty Pleas to increase, as a result of Narrowing the Justice Gap

Finally with the Magistrates having increased powers to deal with cases and commit cases to the Crown Court for sentencing will increase Magistrates work load

Crown Court Categories

With the proposed recruitment of Lawyers, this will improve the number of cases thatwill result in being timeous guilty in the Crown Court over this next year.

Nick Lock 10th March 2003

Information contained in Annex D can be found in the PDF version of this document.