Charging scheme already making a significant contribution to Narrowing the Justice Gap
28/06/2004
The first phase of a new scheme that requires Crown Prosecutors to make the charging decision in all but the most minor cases is beginning to replicate the significant benefits achieved in pilot schemes and is demonstrating the potential to bring a further 30,000 additional offences to justice each year according to the latest data from the Crown Prosecution Service.
Speaking in advance of the national launch of the Statutory Charging Scheme in Maidstone in Kent, the Attorney General, Lord Goldsmith QC said:
"Charging is the most significant development in the way we handle our criminal cases since the establishment of the Crown Prosecution Service in 1986. It is the cornerstone of the reforms taking place in the CPS and part of my vision of the CPS as a modern, world-class, independent prosecuting agencyors at the heart of the Criminal Justice System.
"Charging means that the police, and prosecutors will all use their time more productively and more efficiently. It will bring police and prosecutors together as never before, working effectively towards the common goal of convicting the guilty by building robust cases from the start and ensuring that evidentially weak cases are weeded out as quickly as possible.
"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 courts make the best use of their time."
The Statutory Charging Scheme is a joint scheme by the CPS and the Association of Chief Police officers (ACPO) in response to recommendations made by Lord Justice Auld in his review of the criminal justice system. As a result of this recommendation the CPS will determine the charge in all but the most routine cases. Charging is just the first step in the new 'Prosecution Team' approach being adopted by the Police and CPS. The Prosecution Team ethos means a joint approach from both agencies in improving performance and bringing more offenders to justice.
For the past year, the CPS and the police have operated a successful 'shadow scheme' where CPS Duty Prosecutors have provided advice to police officers on how an offender should be charged. However, in accordance with changes made by the Criminal Justice Act 2003, it will now become a legal requirement for the CPS Duty Prosecutors to make these decisions as police force Areas migrate to the Statutory Scheme.
The Director of Public Prosecutions, Ken Macdonald QC said:
"This is an exciting and dramatic change transforming the way investigators and prosecutors work together in the early stages of all but the most routine cases.most important cases. These are the complex cases and all those that we expect to proceed to trial. Prosecutors are moving to the centre of the local CJS and for the first time are working alongside investigators helping to build robust cases that will secure better outcomes at court.
"As a consequence the Prosecution Team will deliver a better service for victims and witnesses and help to rebuild the confidence of our communities in the Criminal Justice System.
"This is a key step towards ourmy vision of the CPS as a world-class prosecuting authority respected and valued by the public it serves."
Commenting on the launch, Chief Constable, John Burbeck, Head of Criminal Justice Systems Business Area for ACPO said:
"The Police Service welcomes the opportunity to work with the Crown Prosecution Service at the early stage of investigations. We see great value in the development of a Prosecution Team approach with colleagues in that Service so that we can ensure we have the strongest possible cases to present to them. This in turn means that more offenders accept their guilt at the earliest opportunity and more cases can be prosecuted successfully in the courts. When lawyers and investigators work closely together like this the public, and in particular victims and witnesses, get a better service."
The Charging pilots demonstrated that significant benefits for the criminal justice system could be achieved by adopting this scheme nationally. The benefits identified include:
- Increases in early guilty pleas and conviction rates (up to 40%);
- Decreases in discontinued cases; ineffective trials; and changed charges (as much as 90% was achieved in one of the pilot Areas);
- Improvements in file quality; and
- Improved understanding and cooperation between the CPS and police.
When replicated nationally, these benefits will contribute significantly to the CJS PSA targets to narrow the justice gap; improve public confidence; and achieve greater value for money.
Early results for the quarter ending March 2004 (the most recent data) indicate that the significant benefits achieved by the pilot Areas are already starting to be delivered. Although Charging has not been fully rolled out across all Criminal Justice Areas, the overall discontinuance rate for magistrates' courts has more than halved and conviction rates have increased by a third.
The Attorney General, accompanied by Lord Justice Auld; the Director of Public Prosecutions, Ken Macdonald QC, and senior police colleagues, have been invited to tour the custody suite at Maidstone police station, to meet with police and CPS personnel. The Attorney and Lord Justice Auld will unveil a plaque in celebration of the national launch of Statutory Charging and to mark Kent's achievements as one of the first Areas to implement the new arrangements fully; an achievement shared with West Yorkshire, who moved to the scheme on the same day.
Lord Justice Auld has also been invited to unveil a map showing the Local Criminal Justice Board Areas that have moved to the Statutory Charging Scheme.
Notes to Editors
- The launch event will take place at Maidstone police station, Palace Avenue, Maidstone, Kent on Monday 28 June at 13.00. The Attorney and Lord Justice Auld will unveil a plaque and tour the custody suite. The party will then joint invited guests at a reception at the Archbishop's Palace, Mill Street, Maidstone from 13.15 onwards. The Attorney will give a speech on the new Charging Scheme, and Lord Justice Auld will unveil the map. There will then be a question and answer session for assembled media.
- The Right Honourable Lord Justice Auld's Review of the Criminal Courts of England and Wales' was published in October 2001.
- 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.
- Shadow Charging arrangements (voluntary scheme) currently operating in 342 of the 372 police operational units with custody suites in England and Wales.
- Statutory Charging Scheme now operating in five Criminal Justice Areas:
Kent and West Yorkshire (17/5/04); South Yorkshire (24/5/04); Cleveland (4/6/04); Lancashire (15/6/04); and Northumbria (18/6/04). Remaining priority Areas to be rolled out by November 2004. - Statutory Charging Scheme Areas are providing 24/7 lawyer coverage with CPS Direct - 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 CPS Charging Programme Office on 020 7710 3266 or 020 7710 5135.
- Interview bids for the Attorney General to The Attorney General's Chambers on 020 7271 2465.
- Media enquiries and interview bids for the Association of Chief Police Officers to 020 7230 1751.
