First phase of Statutory Charging goes live a year ahead of schedule
03/04/2006
The national roll out of Statutory Charging, a new scheme which should ensure that up to 30,000 additional offences are brought to justice each year, has been completed today. Devon and Cornwall is the last of the 42 criminal justice Areas in England and Wales to move to the Scheme following an ambitious and successful roll out programme.
Statutory Charging is the most significant change to the way the Crown Prosecution Service handles criminal cases since its inception. Statutory Charging, a joint initiative by the CPS and the Association of Chief Police Officers (ACPO), means that the CPS in England and Wales determines the charge to be brought against a suspect in all but the most minor routine cases.
The police and CPS now work in partnership as 'The Prosecution Team' at a much earlier stage in an investigation to achieve the common goal of bringing cases to the right outcome, by building robust cases from the outset.
Ken Macdonald QC, Director of Public Prosecutions said "Getting the right charge from the start means a good deal for the public, as more criminals plead guilty; a good deal for victims and witnesses, as their cases are dealt with speedily; and a good deal for the criminal justice system, as police, prosecutors and the courts make the best use of their time.
"Charging is the foundation stone of everything we do and I thank everyone involved in bringing it in on schedule. We can now celebrate and build on this success to become a truly world-class prosecution service. We can look forward to new challenges, knowing that Charging is in place to help us ensure that the CPS remains at the forefront of the criminal justice system." Mr Macdonald worked with Jim Barker-McCardle, Deputy Chief Constable of Kent; and Maria Wallis, Chief Constable of Devon and Cornwall to introduce charging successfully.
Chief Constable Maria Wallis added "Statutory Charging Arrangements have now been implemented in each of the 42 police force and Crown Prosecution Service Areas. This represents a significant achievement for policing and the CPS, more importantly, for Prosecution Team working. We in the Police Service look forward to continued strong partnership working with our colleagues in the CPS to deliver business improvements and better outcomes for victims and witnesses."
Statutory Charging was introduced in response to recommendations made by Lord Justice Auld in his 'Review of the Criminal Courts in England and Wales' published in October 2001. He recommended that the CPS should determine the charge to be brought against a suspect in all but minor routine cases, ensuring the correct charge from the outset, weeding out non-viable cases at an early stage and ensuring that the remaining cases are trial-ready at the point of charge.
Early pilot and 'shadow' schemes demonstrated that significant benefits for the criminal justice system could be achieved by adopting this scheme nationally. Full benefits are not expected to be realised until March 2007 but February 2006 figures indicate that the overall discontinuance rate in magistrates' courts has reduced to 16% from a baseline of 36% before Charging was introduced. This represents a 56% improvement overall. The guilty plea rate has risen to 68% from a baseline of 40% - a 70% improvement; and the attrition rate has dropped to 23% from a 40% baseline - an improvement of 42%. Improvements have also been recorded for Crown Court activity.
The completed rollout in the 42 Areas does not signal the end of the project. At present, CPS Direct supports Statutory Charging by providing a dedicated out-of-hours telephone service to the police allowing the CPS for the first time to provide a 24/7 charging advice service to the police. The CPS and ACPO will consider how the provision of this out-of-hours service can be enhanced to ensure that the best and most effective way of meeting out-of-hours demand continues to be met.
Mr Macdonald concluded "Now that we've laid the foundations for Charging, the real challenge over the next 12 months for ACPO and the CPS is to deliver the benefits from the scheme that everyone expects."
Notes to Editors
- The pilot Areas chosen to test the Charging Scheme were: Avon and Somerset (Bath and Bristol), Essex (whole county), Kent (Chatham), North Wales (Wrexham) and West Yorkshire (Halifax). The pilot schemes began in February 2002 and were evaluated after a five-month period.
- The term 'Shadow Scheme' refers to a voluntary advice scheme provided to the police by the CPS. Shadow schemes were set up in the 42 Areas prior to the introduction of the Statutory (mandatory) Scheme which required legislation.
- Legislation introduced in the Criminal Justice Act 2003 made it a legal requirement for the CPS to make charging decisions in all but the most minor routine cases.
- Statutory Charging Schemes now operate in 374 sites in 42 Criminal Justice Areas.
- Statutory Charging Scheme Areas are providing 24/7 lawyer coverage with CPS Direct - An out-of-hours telephone service operating between 5pm and 9am Monday to Friday, weekends and public holidays.
- Media enquiries and interview bids for the Director of Public Prosecutions to Charging Division on 020 7710 3266 or CPS Press Office on 020 7796 8000.
- Media enquiries and interview bids for the Association of Chief Police Officers to ACPO Press Office on 020 7227 3405.
- The Director's Guidance on Charging is available on our website in the Publications/Prosecution Policy and Guidance section.
