Crown Prosecution Service Race Equality Scheme

• Foreword by the Attorney General
• Introduction by the Director of Public Prosecutions and the Chief Executive
• The CPS: Who We Are, What We Do
• The Race Relations (Amendment) Act 2000
• The CPS Race Equality Scheme
• Key Functions of The CPS
• Review of CPS Functions and Policies
• Employment
• Training and Development
• Conclusion
• Appendix 1. Timetable of Policy Review

MEETING THE NEEDS OF DIVERSE COMMUNITIES AND IMPROVING PROSECUTIONS

May 2002

Britain enters the 21st century with 56 million people who speak over 300 languages and who profess to at least 14 faiths. We have a rich cultural diversity whether we are referring to race, language, faiths, food, music, sport or fashion. However, whilst we may have diversity, we still have discrimination. It may take on a less obvious, more subtle form than in the past, but it is still there.

As a result of the Race Relations (Amendment) Act 2000, The Crown Prosecution Service (CPS), together with other public services, has a general duty to promote race equality. As part of its legal duty, The CPS must set out and publish a Race Equality Scheme; we welcome the opportunity to do so.

A Race Equality Scheme sets out what steps a public service will take to make sure its policies, service delivery and employment systems eliminate unlawful racial discrimination; promote equality of opportunity; and promote good race relations between people of different racial groups.

This document summarises the key steps The CPS will take over the next three years to achieve the above targets. We recognise that we will not always get it right, but we will continue to strive to do our best.

We would welcome your comments on our first published Race Equality Scheme. Please send your comments to: Equality & Diversity Unit, Room 729, Rose Court, 2 Southwark Bridge, London, SE1 9HS.

Scope of The CPS Race Equality Scheme:

This is a corporate scheme that applies to the functions and policies developed by the Service. When policies are developed locally, CPS Areas will follow the spirit and principles of the national scheme and consider, where appropriate, the impact of their local policies with the assistance of local communities.

Quotes from community representatives at the consultation workshops on the Race Equality Scheme:

• It goes back to the point about The CPS being part of the whole criminal justice system and when you talk about the community, the community isn't interested in which bit does what… that causes them more grief trying to work out where they stand and how they related to each. For me it is about transparency and winning over confidence.
• It is just the ordinary cases where black people are involved which for me is the biggest area of concern because this is how the negative perception of The CPS comes about because people who have had contact with The CPS and don't feel their case was dealt with favourably then decide that The CPS are a racist organisation, part of the state etc when their own case had nothing to do with race itself.
• It is the stories doing the rounds in pubs and clubs… those are the ones which stick in people's minds because they know of someone on a personal level that this happened to. It is gospel. It is true.
• There is a serious issue about the community not knowing what The CPS is and what it does. Many people don't see The CPS as an independent organisation. Even if they know it exists they see it as a mega big structure. It does need to have a higher profile and be more accessible to the community.

(c) Crown copyright 2002

Foreword by the Attorney General, Lord Goldsmith QC

I am pleased to introduce The Crown Prosecution Service's Race Equality Scheme for the years 2002- 2005.

A confident, efficient and properly resourced national prosecution service is a key element of a modern criminal justice system. But, it is also important that the Service assists in administering justice fairly, firmly, speedily and free from bias or discrimination. The arrival of the Race Relations (Amendment) Act 2000 and the publication of The Crown Prosecution Service's Race Equality Scheme are significant steps along this road.

The Government has set out five main criminal justice priorities for 2002-2005:

• Reducing attrition rates
• Dealing with persistent offenders
• Reducing delay
• Supporting victims and witnesses, and
• Using information technology.

Race equality is not just a statutory requirement. It is an integral part of sound strategic and business planning. Addressing race equality will help The Crown Prosecution Service meet these priorities with our criminal justice partners.

Over the past year, I have set up a Race Advisory Group to assist me in superintending The Crown Prosecution Service in its response to the Denman Report and the report from the Commission for Racial Equality. I have also initiated a review of how The Crown Prosecution Service prosecutes cases involving deaths in custody. I am aware that there are sections of our communities where faith in the ability of the criminal justice system to handle this issue sensitively, appropriately and fairly has been dented. We must rebuild that faith.

It is imperative that justice is dispensed fairly, that crime is reduced and that confidence in the rule of law is promoted in all sections of our communities.

We need to ensure that all sections of our diverse communities have confidence in the criminal justice system.

The Crown Prosecution Service's Race Equality Scheme will go a long way towards ensuring not only that justice is done, but that it is also seen to be done. The Denman Report confirmed that the most senior CPS management is committed to equality and non-discrimination. I will support them to achieve these objectives.

Lord Goldsmith QC, Attorney General

Introduction by the DPP, David Calvert-Smith QC and the Chief Executive, Richard Foster

It has been an eventful year for The Crown Prosecution Service in the area of race equality. Two reports in July 2001 – the final Denman Report and the Commission for Racial Equality's report into one of our London branches – put The Crown Prosecution Service in the spotlight.

In addition, the Government passed the Race Relations (Amendment) Act 2000, which placed a statutory duty on public bodies to tackle institutional racism and promote equality of opportunity.

We take this issue seriously. Our vision is to be a prosecuting authority of stature, providing the best possible service to society. In order to do so, we have to make sure that we become a professional organisation that values all its people, performs to a high standard, inspires pride, and works in partnership.

The Crown Prosecution Service's Race Equality Scheme is an essential step in helping us achieve these goals. It outlines, over the next three years, the actions that we will take to create an organisation which constantly improves its performance and therefore its contribution to the criminal justice system and the diverse communities we work with and serve. Race equality is an integral part of employment practice and our core business; we must not discriminate against any member of staff or any member of the public.

To this end, we have not been complacent. Since the preliminary Denman Report, all CPS staff have undergone diversity training, we successfully hosted a national conference on race equality at Birmingham and ran a campaign on Dignity At Work. These are some of the measures we have already taken.

Although it has been an eventful year, we see it as also a transitional year. We welcome the opportunity to publish our first Race Equality Scheme. We acknowledge that we may make mistakes and still have a long way to go; however, we are doing our best to become a 'learning organisation'. We have started on this journey and are confident that together we can achieve the spirit and the letter of the Race Relations Amendment Act.

David Calvert-Smith QC Director of Public Prosecutions

Richard Foster Chief Executive

SECTION 1 : THE CPS – WHO WE ARE

The Crown Prosecution Service is the main prosecuting authority in England and Wales. It was set up in 1986 and is a department of central government. It acts independently from the Government in accordance with statute [Established by the Prosecution of Offences Act 1985]. The Head of The Crown Prosecution Service is the Director of Public Prosecutions (the DPP), who has overall responsibility for The CPS and its prosecutions. A Chief Executive, who is responsible for the administration of The CPS, assists the DPP. The Attorney General, who is accountable to Parliament, superintends the DPP.

The CPS is organised into 42 Areas, which mirror the 42 police authority boundaries. A Chief Crown Prosecutor, who is responsible for delivering a high quality prosecution service to their local communities, heads each CPS Area. Chief Crown Prosecutors are supported by Area Business Managers, who are responsible for the general administration of the Area.

The CPS also has headquarter offices in London, York and Birmingham. These deal with Finances, Human Resources, Policy, Special Casework, Equality and Diversity, Communications and other national issues.

THE CPS – WHAT WE DO

The role of The CPS is to prosecute cases firmly, fairly and effectively when there is sufficient evidence to provide a realistic prospect of conviction and when it is in the public interest to do so.

The DPP is responsible for issuing a Code for Crown Prosecutors [Issued under Section 10 of the Prosecution of Offences Act 1985]. The Code gives guidance on the general principles to be applied when making decisions about prosecutions. The Code is supported by further guidance and is the subject of training for all Crown Prosecutors.

The Code is a public document and is revised at regular intervals. The current edition of the Code (4th edition) was published in October 2000 and was informed by an extensive public consultation exercise. The Code is available in 12 community languages, and is also available in Braille, large print format and on audio-cassette. It is also available on our website www.cps.gov.uk

THE CPS APPROACH TO EQUALITY AND DIVERSITY

Making Equality Work

For The CPS, equality and diversity is about change. Equality is about removing the barriers that prevent different groups of people from having equal access to employment or services. Diversity is the recognition that difference matters, is good for the 'business' of the organisation and is to be celebrated. There is no equality of access if difference is not recognised and valued.

Three principles underlie CPS equality work:

• Mainstreaming (equality to be integral to all CPS work).
• Being informed by the views of those who experience discrimination (diverse communities and those members of staff who are also members of diverse communities).
• Linking together employment and service delivery (if our employment practices are discriminatory this impacts on our service delivery).

Elements for Making Equality Work

1. The CPS commitment

• In 1999 The CPS adopted an Equality Statement that committed the department to ensuring that there is no discrimination in its employment practices or its service delivery (casework).
• The Director of Public Prosecutions acts as overall champion to ensure that the Equality Statement is more than a paper policy.
• Each Chief Crown Prosecutor is a champion for Equality and Diversity in their Area.

2. Structures

• Equality and Diversity Unit (EDU): a small unit reporting directly to the DPP and the Chief Executive.
• Regional Equality Officers: 11, advising the Areas.
• Equality Committee: an advisory and scrutiny group, which includes representatives from each of the staff networks.
• The Diversity Accountability Committee: a small group whose remit is to ensure accountability on equality from the 42 Areas and Headquarters to The CPS Board.
• Senior Managers' Advisory Group on Diversity: a policy group made up of senior staff from Areas and Headquarters. The group considers work in progress and makes recommendations to the Board on policy issues.
• Area Equality Committees: many Areas have their own Committees.
• Staff networks: (e.g. National Black Crown Prosecution Association (NBCPA)).

3. Systems

• Monitoring staff: all aspects of employment are monitored quarterly by ethnicity, gender and disability and a yearly analysis of statistics is produced.
• Monitoring the service: all aspects of the prosecution process will be monitored by ethnicity, gender and disability as part of COMPASS, the electronic case management system (2003-2005). At present, a one off monitoring exercise is being undertaken and will report towards the end of 2002. This is looking at different aspects of the prosecution process (charge, bail, discontinuance, mode of trial, plea and plea bargaining, failed cases) by the ethnicity and gender of defendants.
• Mechanisms for holding managers and staff to account (performance management): The CPS has a 'diversity competency'; all staff have a yearly objective on diversity measured against the competency.
• Procedures for redress: a new equality complaints procedure is being launched in 2002. This will include an informal stage as well as a formal stage and external investigators. A complaints procedure for investigating complaints of discrimination by victims, witnesses and defendants will be introduced during 2002-2003.
• Mechanisms for engaging with diverse communities: all CPS Areas engage with their local communities. Nationally, community groups are involved in the development of new policies.
• Evaluating change: targets have been set for employment. The staff survey includes questions which measure equality. In 2001 the Civil Service College Diversity Excellence Model was piloted in four CPS Areas.

THE CPS VISION

Our vision is to be a prosecuting authority of stature, providing the best possible service to society. We want to be a professional organisation which values all its people, performs to a high standard, inspires public confidence, and works in partnership.

THE CPS PRIORITIES FOR 2002-2003

• Professionalism – developing the role of The CPS.
• People – developing a modern, diverse organisation that staff take pride in.
• Performance – delivering more effective prosecutions.
• Public Confidence– developing a greater public service ethos.
• Partnership– driving up Criminal Justice System performance.

SECTION 2 : THE RACE RELATIONS (AMENDMENT) ACT 2000

Background To The Race Relations (Amendment) Act 2000

Like many new laws, the Race Relations Amendment) Act 2000 should not be seen in isolation, but against a backdrop of a number of significant 'signposts' in the area of race equality. Some of these 'signposts' are:

The Race Relations Act 1976 outlawed race discrimination in employment, housing, training and education, and the provision of goods, facilities and services. It also placed a duty on local authorities, but not on other public bodies, only to promote race equality in carrying out their functions.

The first Race Relations Act was passed in 1965 and then extended in 1968. It prohibited discrimination on racial grounds in places such as hotels, public houses, restaurants, theatres, public transport and any place maintained by a public authority.

The Crime and Disorder Act 1998 created a legal basis for the common law principle that racial motivation for a criminal offence could be treated as an aggravating feature. For the first time, specific racially aggravated offences of assault, criminal damage, public order and harassment have been created that carry significantly higher maximum penalties than their non-aggravated counterparts, and in all other cases the courts are now required to treat evidence of racial aggravation as a factor making the offence more serious when they sentence an offender.

The Human Rights Act 1998 led to the adoption of a principle from European law, namely, that in respecting and meeting an individual's basic human rights, discrimination on racial or ethnic grounds should be prohibited [The prohibition to discriminate (Article 14) does not mean that discrimination is unlawful in itself; only that it is unlawful to discriminate when the other Articles of the Convention are applied.].

The Modernising Government White Paper (1999) makes it clear that there is a moral, economic and social case for striving for race equality.

The Stephen Lawrence Inquiry was set up by the Home Secretary in July 1997. The murder of Stephen Lawrence on 22 April 1993 and the subsequent investigation raised widespread public concern. The findings were published in February 1999. Although the report is mainly about the police, the Inquiry found racism to be endemic in British society. Inevitably, public authorities reflect the society in which they operate.

The Inquiry defined institutional racism as:

“The collective failure of an organisation to provide an appropriate and professional service to people because of their colour, culture, or ethnic origin. It can be seen or detected in processes, attitudes and behaviour which amount to discrimination through unwitting prejudice, ignorance, thoughtlessness and racist stereotyping which disadvantage minority ethnic people.”

The Race Relations (Amendment) Act 2000 is the Government's response to the Stephen Lawrence Inquiry. It strengthens the 1976 Act by imposing a statutory duty on all public services to address institutional racism.

If racism is to be eliminated from our society there must be a co-ordinated effort to prevent its growth. This needs to go beyond the police services.

Sir William Macpherson

Main Features of the 2000 Act

The main features of the Race Relations (Amendment) Act 2000 are:

• It imposes a 'general duty' on public bodies to promote race equality.
• Public bodies have to publish a Race Equality Scheme by 31 May 2002. A Race Equality Scheme is the action plan that sets out how public bodies will meet the duty. This action plan must be reviewed within three years.
• A public service's 'functions and policies' – that is, what it does and how it does it – should be assessed for 'relevance' to the duty to promote race equality.

In addition, it places specific duties on public services including [These are covered by Reg. 2(2) of the Regulations.]:

• Assessing and consulting on the impact of a public body's policies on the promotion of race equality.
• Monitoring its policies for any negative or adverse impact on promoting race equality.
• Publishing the results of such assessment and consultations.
• Ensuring public access to this information and the services provided; and
• Training staff in connection with the general and specific duties.

There is also a specific duty in relation to employment issues [This is covered by Reg. 5(1), (2), (3) of the Regulations.]. This requires public services to monitor the number of staff in post, applications for employment, training and promotion, details of staff who receive training, grievance procedures, disciplinary procedures and details of staff who cease employment, all by reference to their racial group. The CPS response to the specific duty in relation to employment is outlined in section 6 entitled Employment.

WHY A RACE EQUALITY SCHEME FOR THE CPS?

There are several reasons why The CPS welcomes the opportunity to publish its Race Equality Scheme:

• Public confidence in the criminal justice system is low. Public confidence is assessed on an annual basis through the British Crime Survey (see figure 1).
• The CPS, as part of the criminal justice system, is responsible for delivering a high quality prosecution service that brings offenders to justice, helps reduce both crime and the fear of crime and thereby promotes public confidence in the rule of law.
• Given that our actions can directly impact on an individual's liberty, it is important that prosecution decisions are free from bias or discrimination. It is important that all defendants, victims and witnesses are treated fairly and with respect.
• A number of recommendations made at the Stephen Lawrence Inquiry directly impacted on the work of The CPS. Our Race Equality Scheme provides us with an opportunity to update members of the public on our response to those recommendations.

SECTION 3 : THE CPS RACE EQUALITY SCHEME

A Race Equality Scheme should show how a public service, e.g. The CPS, plans to meet its duty. The Act states:

2(2) A Race Equality Scheme shall state, in particular –

a) those of its functions and policies, or proposed policies, which that person has assessed as relevant to its performance of the duty imposed by section 71(1) of the Race Relations Act; and

b) that person's arrangement for –

I. assessing and consulting on the likely impact of its proposed policies on the promotion of race equality;

II. monitoring its policies for any adverse impact on the promotion of race equality;

III. publishing the results of such assessments and consultation as are mentioned in sub-paragraph (i) and of such monitoring as is mentioned in subparagraph (ii);

IV. ensuring public access to information and services which it provides;

and

V. training staff in connection with the duties imposed by section 71(1) of the Race Relations Act and this Order.

1. Assessing and Consulting

The Act does not require public services to consult with external groups in drawing up a Race Equality Scheme. However, The CPS decided to go beyond the legal requirements in order to promote public confidence in the development of its Race Equality Scheme.

Sections 4 and 5 of this Scheme outline how we will assess and consult on the likely impact of our functions and policies. Methods and information used will vary according to the function or policy being reviewed. But we intend to involve community groups and staff networks in our assessments.

On 12 February 2002, Taylor Nelson Sofres facilitated a consultation exercise on The CPS draft Race Equality Scheme. At this meeting, a cross-section of individuals and community representatives were invited to comment on the draft Scheme and made a number of recommendations about the document and about how The CPS should consult, assess impact and implement future functions and policies. A report of the one-day workshop was produced by the facilitators and sent to all participants.

2. Monitoring Impact

The CPS acknowledges the need to gather and monitor evidence and data in order to assess the impact of our policies and functions on victims, defendants, witnesses and members of staff. We will do this through a variety of methods, including (but not limited to) collation of statistical information, commissioned research, focus groups, surveys and analysis of complaints. Policies will be changed if monitoring shows an adverse impact on any ethnic groups.

The CPS has been a party to some high-profile employment tribunal cases, which have led to changes in our employment practices, as some of these practices had an adverse impact on black and minority ethnic staff. Some of these changes include procedures governing temporary promotion appointments and greater clarity and objectivity in appraisals of staff performance.

As a result of these cases, Sylvia Denman CBE conducted an independent inquiry of The CPS employment policies, procedures and practices. In her final Report (the Denman Report) published in July 2001, she made 10 recommendations for The CPS to implement to address race equality. All of the recommendations will have been implemented by mid-2002.

3. Publishing Results

The CPS is committed to publishing the results of its findings and policies. Examples of this include the production of its Business and Strategic Plan and the publication of the results of the Racist Incident Monitoring Scheme (RIMS). The outcome of reviews of functions and policies will be published on the website and will be available in print on request. Summaries of the outcomes will be available in The CPS Annual Report.

4. Ensuring Public Access

The CPS will, wherever possible, ensure that the public can access information about what it does and how it does it via leaflets, publications, the Internet, CPS visits to community groups, open days, visits to schools and colleges.

The CPS Legal Guidance, the guide for how CPS lawyers advise, review, prepare and present cases, will be available on the Internet from December 2002.

5. Training

This is covered in Section 7 of the Scheme on Training and Development.

6. Arrangement for assessing future function and policies

Initial assessment will be done by the relevant senior manager, their assessment will then be reviewed by the Senior Managers' Advisory Group on Diversity. If a further assessment is required The CPS will use the same means as described above under 1 and 2.

7. Complaints

If anyone feels that they have been discriminated against by The CPS, a leaflet explaining the complaints procedure is available from: Communications Branch, Rose Court, 2 Southwark Bridge, London, SE1 9HS, telephone number: 020 7796 8442

8. Review of the Race Equality Scheme

This scheme will be overseen by The CPS Equality and Diversity Unit, it will be kept under review by the Senior Managers Advisory Group on Diversity and progress will be assessed annually by The CPS Board.

The CPS acknowledges that as an organisation we do not always get it right; however, the development, publication and implementation of our Race Equality Scheme is a key step towards getting it right now and in the future.

SECTION 4 : KEY FUNCTIONS OF THE CPS

The key functions of The CPS are [These are set out in the Prosecution of Offences Act 1985.]:

Advising the police on cases for possible prosecution.

Reviewing the prosecution cases submitted by the police in accordance with the Code for Crown Prosecutors. If a case does not satisfy the Code's tests then, in the absence of any additional evidence, the case will be discontinued.

Preparing cases for the magistrates' courts and Crown Court.

Presenting cases in court, and where appropriate instructing prosecuting advocates in the Crown Court and Higher Courts.

Working with our criminal justice system partners to improve the effectiveness and efficiency of criminal justice.

The next few pages summarise the key race equality issues in each key function.

KEY FUNCTION 1: Advising the police on cases for possible prosecution

Background

The CPS may advise the police on whether a criminal case has 'a realistic prospect of conviction' and whether or not the police should charge or caution a suspect. This will depend on the strength of the evidence provided by the police and whether it is in the public interest to prosecute.

Key Race Equality Issues

Correct advice on cases for possible prosecution.

Ensuring advice given on cases is free from bias or discrimination.

Communicating CPS decisions to victims and listening to their concerns and those of diverse communities.

The Diversity Monitoring Project is a research study reviewing 15,000 CPS files nationwide in order to determine whether there is 'any bias in decision-making in respect of race and gender by The CPS at each stage of the decision-making process'. The files will be taken from 10 CPS Areas; however, cases relating to domestic violence, rape and murder will not be reviewed. The purpose of this exercise is to provide data on possible trends and/or patterns in reviewing cases and advice given to the police. An external consultant, JTN Consultancy Ltd, was chosen to carry out this research. The contract started on 1 October 2001 and will last up to 18 months.

COMPASS is the new electronic case management system that will be used by The CPS. It is anticipated that COMPASS will monitor a defendant's ethnicity, as well as their gender, age and disability. It is intended that COMPASS will go 'live' in 2003 and be available nationwide by 2005. COMPASS will facilitate the monitoring of all our decisions including the provision of advice to the police.

KEY FUNCTION 2: Reviewing prosecution cases submitted by the police in accordance with the Code for Crown Prosecutors

Background

On receiving a case from the police, The CPS will either proceed with, alter, or drop a charge. If there is sufficient evidence to proceed, The CPS will decide whether it is in the public interest to prosecute. The more serious the case the more likely that the public interest will require a prosecution.

Key Race Equality Issues

Correct application of the Code.

Ensuring the application of the Code is free from bias or discrimination.

RIMS is The CPS Racist Incident Monitoring Scheme. It helps CPS Areas capture both quantitative and qualitative data about racial incidents that occur locally. This data has been monitored for the past five years and is widely circulated to local police forces, community groups and criminal justice partners.

The CPS Inspectorate (HMCPSI) inspects how The CPS reviews its cases, including checking that equality and diversity is an integral part of the review process.

Training for prosecutors on racially and religiously aggravated crimes will help The CPS measure the impact of race equality. This training, will involve familiarisation with the new law on religiously aggravated offences [Part 2 of the Crime and Disorder Act 1998 as amended by Part 5 of the Anti-Terrorism, Crime and Security Act 2001.], and use existing case studies and legal precedents on racially motivated crimes, as well as incorporating the community perspective of these crimes.

It is anticipated that this training will roll out nationwide from June 2002.

KEY FUNCTION 3: Preparing cases for the magistrates' courts and Crown Court

Background

The CPS prepares cases for magistrates' courts and the Crown Court. This can involve working with specific community groups that can support victims and witnesses attending court; arranging court familiarisation visits for victims and witnesses anxious about giving evidence; enabling vulnerable or intimidated witnesses to give evidence and alerting the court and the defence about their requirements; using Victim Personal Statements in the preparation of cases for court; and disclosing evidence to the defence.

Key Race Equality Issues

Supporting victims and witnesses of 'hate crimes'. ['Hate crimes' are crimes committed because of an individual's membership of a group. These include crimes such as racial and homophobic attacks and domestic violence.] Enabling vulnerable or intimidated witnesses to give evidence. [Speaking Up for Justice is a report about the treatment of vulnerable/intimidated witnesses in the criminal justice system. Legislation (Youth Justice and Criminal Evidence Act 1999) provides for a range of 'special measures' to assist such witnesses to give best evidence. More of this legislation will come into force in July 2002.] Use of Victim Personal Statements. Organising court familiarisation visits for victims and witnesses through the Crown Court Witness Service and the Magistrates' Court Witness Service.

Since October 2001, victims have been able to make Victim Personal Statements in addition to their witness statement. This provides victims with the opportunity to say how they have been affected by the crime and, in particular, whether they have any fears or concerns about bail, intimidation or victimisation and whether they require help from support agencies.

In addition, prosecutors will be alert to providing opportunities for vulnerable and intimidated witnesses to present evidence differently, e.g. through the use of video-links and written statements.

KEY FUNCTION 4: Presenting cases in court, and where appropriate instructing prosecuting advocates in the Crown Court and higher courts

Background

The CPS will present cases in court and, where appropriate, instruct prosecuting advocates who prosecute on our behalf at the Crown Court. Key Race Equality Issue

• Presenting cases fairly, firmly and effectively in court.

The CPS monitors the ethnicity and gender of prosecuting advocates who prosecute on our behalf at the Crown Court. We instruct counsel on merit according to the nature of the case, thus seeking to demonstrate that gender and ethnicity do not influence our decisions.

The CPS is also training CPS employees as Higher Court Advocates (HCAs). This will allow CPS staff to prosecute in the Higher Courts, as opposed to instructing counsel. The assessment process for identifying and training potential HCAs has been changed. Successful HCAs will be monitored by gender, disability and ethnicity.

The CPS has appointed the Nottingham Law School to conduct a pilot survey of court satisfaction with CPS advocacy in South Yorkshire in 2002. The survey will ask magistrates, district judges, justices' clerks and Crown Court judges and recorders, for their views on CPS advocacy across a range of issues, including treatment of victims, particularly young or vulnerable witnesses.

After the pilot, a decision will be taken on whether to 'roll out' to a national survey. It is hoped that the pilot and any ensuing national survey conducted by an independent body, will build on good practice and help identify strengths and areas for improvement in advocacy by, or on behalf of, the Service and form part of The CPS commitment to continuous improvement.

KEY FUNCTION 5: Working with our partners to improve the effectiveness and efficiency of the criminal justice system

Background

The CPS will work with other partner agencies in the criminal justice system. These include the police, the courts, the Home Office and community and voluntary organisations.

Key Race Equality Issues

• Ensuring that decisions are free from bias.
• Promoting equality of opportunity.
• Working with diverse communities.

Under Section 95 of the Criminal Justice Act 1991, the Home Office annually produces statistics in relation to race, women and crime [Section 95 of the Criminal Justice Act 1991.]. The CPS contributes to these statistics (as do the police, the courts, the prison service and probation service). In 1999, a total of 4,178 persons were cautioned for, or prosecuted for racially aggravated offences.

One of The CPS major initiatives is the Direct Communication with Victims scheme (DCV). Under this scheme, The CPS will write to victims of crime to explain why a charge has been dropped or significantly altered. It is anticipated that information will be gathered and analysed by offence, as well as by gender, disability and ethnicity.

As a result of the Glidewell report, some CPS staff will be based in the same offices as the police. This should lead to greater 'joined-up' working between The CPS and the police.

Following Lord Justice Auld's Review of the Criminal Courts, The CPS is engaged in six 'charging pilots' in CPS Areas across England and Wales. These six-month pilots involve The CPS as opposed to the police charging suspects.

One of the outcomes being explored by these pilots is to see whether there is any change in the 'attrition rate' (i.e. the process by which only a small proportion of crimes that are committed result in the person who committed them being brought to justice by the police, The CPS and the courts). It is anticipated that the findings and evaluation from these pilots will be made available in early 2003.

SECTION 5 : REVIEW OF CPS FUNCTIONS AND POLICIES

This section looks at those functions and policies which will be subject to a detailed assessment in order to identify whether they are having a detrimental impact on the promotion of race equality. As detailed in section 3 of the Scheme, The CPS consulted with community representatives on its functions and policies. We have, with the help of community groups, sought to identify a three-year programme of assessments, taking into account business priorities for The CPS. A summary of functions and policies to be reviewed in year one, two and three is in Appendix 1.

Policies and procedures are listed thematically for year one, as this was seen as the most appropriate approach for a public document. Some of the 'issues' community groups wanted addressed are not formal CPS policies, but are included here as they represent ways in which we operate our service and therefore could be said to be 'informal policies'.

The Inspectorate (HMCPSI) has completed a thematic review of cases having a minority ethnic dimension. This will be published after this version of the Race Equality Scheme goes to press. Recommendations from the thematic review will be added to the scheme where appropriate.

Year One

1. Functions, policies and procedures having most impact on minority ethnic groups as victims and witnesses

1.1 Racially aggravated crime

• Definition of a racist incident: The CPS has adopted the Macpherson definition of a racist incident – 'a racist incident is any incident that is perceived to be racist by the victim or any other person'.
• Prosecuting racist incidents: Not all racist incidents can be prosecuted, as not all will count as 'crimes' in law. The CPS can only prosecute an incident if it is an offence under the criminal law. In many cases the police cannot make an arrest and so The CPS will not be sent a file; or the police do make an arrest but the file sent to The CPS does not meet the tests set out in the Code for Crown Prosecutors. If The CPS can proceed, certain offences can be prosecuted as specific racially aggravated offences. Those offences are set out in sections 29-32 of the Crime and Disorder Act 1998 – assaults, public order offences, harassment and criminal damage. Any other offence where there is evidence of racial aggravation will be prosecuted in its 'basic' form (e.g. theft, assault or rape), BUT there is a requirement for the court, when sentencing, to treat the offence more seriously because of the racial aggravation. The Crime and Disorder Act provides a statutory definition of racial aggravation in section 28 – a demonstration of hostility towards a victim, based on his membership of a racial group, at the time of committing the offence (or immediately before or after); or an offence motivated wholly or partly by hostility towards members of a racial group. This definition is applied either when we prosecute an offence as a specific racially aggravated offence, OR when we present evidence to the court at sentence in respect of any other offence.
• Guidance to prosecutors: Guidance on prosecuting criminal offences is given in The CPS Legal Guidance.

Review in Year One:

• The CPS will produce a public statement on prosecuting racially aggravated crime.
• As part of this review, The CPS will undertake wide public consultation to assess the impact of its policies on racially aggravated crime on different communities.
• The review will take on board views expressed by community groups at the consultation workshop held on the draft CPS Race Equality Scheme (RES) in February 2002. One of the main issues mentioned at the workshop was the need for prosecutors to understand the context in which racial crime occurs.

The CPS will review the way in which key statistics – number of cases reviewed, number discontinued, number successfully prosecuted – are made available to the public. The aim will be for The CPS to be accountable and transparent.

Training material will be developed to support a training programme for handling racial crime.

1.2 Deaths in custody

Prosecuting cases:

• Historically there have been few prosecutions relating to 'deaths in custody'. This has contributed to a loss of public confidence in the criminal justice system generally, including The CPS. It is believed that The CPS is unwilling to prosecute people in uniform, be they police or prison officers. In fact, the reason for the low level of prosecutions is the failure of most cases to meet The CPS evidential test of 'a realistic prospect of conviction': there is usually insufficient evidence to mount a prosecution.
• Cases of deaths in custody are dealt with in accordance with the accepted recommendations in the Butler report [Inquiry into Crown Prosecution Service Decision-Making in Relation to Deaths in Custody and Related Matters by HH Gerald Butler QC, (1998).]. Accordingly, all cases are referred to the Casework Directorate in Headquarters and are reviewed by a senior lawyer. This reflects the degree of seriousness that The CPS attaches to these cases.

Review in Year One:

• The Attorney General has commissioned work to see what improvements can be made in the way in which The CPS deals with deaths in custody cases. The review should be completed by the summer of 2002.
• The review will take on board comments from the consultation workshop on the draft CPS RES (February 2002).
• The review will include consultation with relevant community groups and others involved in the prosecution process.

1.3 Direct Communication with Victims and CPS response to the Victim's Charter

Current action:

• From 2002, The CPS will communicate directly with victims or their families where a case has been dropped or the charge has been significantly altered.
• Training will be given to ensure proper implementation of this initiative.
• Special arrangements will be made for meetings with members of minority ethnic communities where appropriate.
• Leaflets will be produced in 12 community languages and on audiotape explaining the new communication procedures.

Review in Year One:

• The implementation of this initiative will be monitored with input from minority ethnic communities.
• The evaluation of the initiative will take on board the comments from the consultation workshops on The CPS RES.
• The CPS will consider running a pilot scheme whereby Designated Caseworkers will take on the function of liaising with victims in all cases with a race dimension.
• The CPS response to the government's review of the Victim's Charter will include community views.

1.4 Speaking Up for Justice

Current action:

• Special measures under the Youth Justice and Criminal Evidence Act (1999) will be introduced from July 2002, which are designed to enable vulnerable or intimidated witnesses to give their best evidence in court. Some minority ethnic group witnesses will fall into the categories of 'vulnerable' or 'intimidated' witnesses.
• Initiatives identified in the report Speaking Up for Justice are being progressed through the action plan Action for Justice. Guidance has been developed in conjunction with the Department of Health on pre-trial therapy. There are two publications on this, one specific to children and the other relating to vulnerable adult witnesses.

Review in Year One:

• The CPS will work with colleagues to produce supporting documentation and guidance on early strategy meetings with police and victims.
• The CPS will develop training packages to implement Speaking Up for Justice.
• In this work The CPS will consult with minority ethnic groups to ensure that there is no adverse impact of the new policies on different communities.

2. Functions, policies and procedures having most impact on minority ethnic communities as defendants

2.1 Youth offenders

Current action:

• The CPS is working with others in the CJS to reduce the time it takes to deal with persistent young offenders and to take forward the Youth Tariff Review. The CPS is updating best practice guidance and training and setting targets. Review in Year One:
• Comments from the consultative workshop on The CPS RES will be taken on board in the evaluation of CPS work on youth offenders, in particular issues of fairness and consistency.

2.2 Persistent offenders

Current action:

• The CPS is contributing to the strategy to deliver the goal of doubling the chance of a persistent offender being brought to justice. This will be achieved through working with the Persistent Offender Task Force to ensure a common approach to delivery.

Review in Year One:

• The ongoing work on persistent offenders will consider the points made in the consultative workshop on The CPS RES, in particular in relation to the differential impact of any definition on different ethnic groups.

2.3 Terrorism

Current action:

• Legislation has now been introduced to improve the ability of the criminal justice system to contribute to the fight against terrorism. All cases involving terrorist offences are referred to Casework Directorate. This reflects the degree of seriousness The CPS attaches to these cases.

Review in Year One:

• As measures are introduced The CPS will take into account comments made at the consultative workshops on The CPS RES.

3. Other policies and procedures

3.1 Public confidence in The CPS

• From the consultative workshop on the draft CPS RES it was clear that The CPS needs to do more to address issues of public confidence, particularly amongst minority ethnic groups. The British Crime Survey (2000) also highlighted the need to address this issue.

Review in Year One:

• The CPS will develop a communications strategy to help improve public confidence in The CPS by minority ethnic groups. The strategy will include a review of our publications and web site.
• The strategy will take on board comments made at the consultative workshop including that:
  • The establishment of a CPS community liaison person in each Area could help The CPS to raise its profile. This person would be the point of contact for the community/community groups generally and specifically in cases where they feel the police have not responded adequately. They could also provide feedback to the organisation on policy matters, as well as providing support to individual prosecutors working on sensitive cases.
  • The CPS should use its website to record successful prosecutions. This would demonstrate both to victims and potential perpetrators that the criminal justice system was working. It may also be possible to add in comments from the sentencer, e.g. that a six months' sentence was given instead of three because of the racial aggravation factor. Although there were issues around accessibility of the Internet, it was felt it would be an appropriate means for reaching young people.
  • The CPS should consider introducing a system of lay advisors who are credible representatives of the community they are seeking to represent.
  • The CPS might also benefit from consultation mechanisms, such as Citizens' Panels and satisfaction surveys, which are commonly used by many local authorities to involve local people in policy formulation and getting feedback on service delivery.
  • The CPS should consider the importance of involving victims in consultation exercises.

3.2 Selection of Counsel

Current action:

• The CPS has started monitoring the delivery of work to external advocates, to ensure that advocates are selected in a fair and nondiscriminatory way. Monitoring is done by ethnicity, gender, case type, offence type and fee level.

Review in Year One:

• The CPS will consider the monitoring figures in terms of any differential impact on the selection of counsel from minority ethnic groups and look at means of redressing any imbalance. This work will continue in Year Two, as all information may not be available in Year One.
• The CPS will work in partnership with the Bar and Legal Services Commission to develop Quality Mark to ensure standards of fair distribution of work within chambers and equal opportunities in recruitment of staff within chambers.

3.3 Domestic Violence

Current action:

• A public statement with supporting guidance was issued in November 2001 after consultation with community and women's groups. Training for domestic violence co-ordinators has also taken place.

Review in Year One:

• Evaluate the implementation of the statement and guidance, through monitoring, in terms of any adverse impact on different ethnic groups (victims and defendants).

3.4 Legal Guidance for The CPS

Current action:

• The CPS provides a prosecution manual for its staff. This is being revised with a view to electronic transmission to CPS staff and involves:
  • Revision of the Prosecution Manual to ensure that it properly reflects the Freedom of Information Act (2000) and the Human Rights Act (1998).
  • Development of a system to build on the work undertaken for the Indictment Precedent Manual (IPM) to facilitate electronic delivery of legal information.
  • Leading a multi-agency Standard Offence Wording project to facilitate a uniform approach to drafting charges.

Review in Year One:

• The Director of Public Prosecutions has made a personal commitment to making available to the public large sections of The CPS manual by the end of 2002. The guidance will be reviewed in terms of its impact on minority ethnic communities.

3.5 Joint work with Home Office

Current action:

• The CPS works closely with the Home Office on a wide range of criminal justice issues, developing future policies and legislation. Current examples include the Proceeds of Crime Bill, the review of corruption cases, a programme of codification and the review of assault legislation. This work includes preparing policy guidance and protocols, as well as developing training for CPS staff.

Review in Year One:

• All drafting, advice, guidance, policy making and training will take into account the impact and effect on race equality.

3.6 Procurement

The CPS manages contracts to suppliers of goods and services. This includes cases sent to prosecuting advocates who prosecute on our behalf.

Action in Year One:

• Goods and services: The CPS will review contracts to ensure, where possible, that equality issues are addressed in terms of contractors' employment practices and in terms of the service specifications.
• The CPS will negotiate with the Bar Council on means to ensure that the service provided on behalf of The CPS is compliant with the Race Relations (Amendment) Act 2000.
• 3.7 Information technology (IT)

The CPS is currently developing IT systems for case files.

Action in Year One:

• As part of the development of the case management system The CPS is developing mechanisms for ethnic monitoring of defendants, victims and witnesses. This however is dependent on the information received from other parts of the criminal justice system (police, courts). This work will continue in Year Two.

4. Policies on employment

The following section includes recommendations made by the Denman Report and the CRE report on the formal investigation into the Croydon Branch.

4.1 Recruitment, selection and promotion

Current actions:

• Introducing new selection tools (e.g. assessment centres).
• Reviewing information made available to candidates at different stages of the selection process.
• Reviewing recruitment and selection procedures in relation to the use of performance appraisals (PAR).

4.2 Succession

Current action:

• The CPS is currently identifying opportunities for staff, including positive action where permissible, to increase representation from minority ethnic groups in higher level posts. This is being done by:
  • Introducing succession plans to fill key posts.
  • Participating in the Civil Service Pathways programme.
  • Making use of interchange programmes to widen experience.

Action in Year One:

• To widen access to education for level A and B staff – providing access to legal training for staff in administrative grades. This will be done by increasing educational support for staff pre Bar Vocational Course/Legal Practice Course (BVC/LPC) and increasing the numbers sponsored for BVC/LPC. Applicants will be monitored to ensure staff from minority ethnic groups are properly represented.

4.3 Training and development

The CPS has run diversity training (with an emphasis on race) for all staff. There is a raft of training available currently to staff.

Action in Year One:

• Evaluate and review the diversity training.
• Develop management training modules (these will include diversity and encourage anti-racist behaviour), which will be evaluated and reviewed in terms of their impact on the ability of managers to manage a diverse workforce.
• Review and develop induction courses to include equality and diversity.
• Evaluate and review the selection of trainees for Higher Court Advocates, to ensure that the process is consistent across The CPS and that there is representation in terms of ethnicity and gender.
• Review the legal trainees scheme, if ethnic monitoring shows a differential impact on different racial groups.

4.4 Pay strategy

Current action:

• The CPS is participating in the Equal Opportunities Commission Equal Pay Review (as a pilot).

Action in Year One:

• Review of pay strategy to identify and deal with inequalities in pay.
• Equal pay audit (review of pay by ethnicity). 4.5 Performance management

Action in Year One:

• The CPS reviewed its personnel manual in 2001 for potentially discriminatory practices. The recommendations from this review will be implemented in Year One.
• The inefficiency and disciplinary procedures will be reviewed.
• Following a review of the Equal Opportunities Complaints Procedure in 2001, external investigators will be recruited.

4.6 Performance appraisal

Current action:

• All staff within The CPS are expected to have a diversity objective. There are training courses for managers, which include diversity. Extra training is provided for those who need extra help in understanding diversity.

Action in Year One:

• Review the competency framework to ensure an improved understanding by all staff of diversity objectives.
• Develop mechanisms for evaluating the efficiency of diversity objectives.
• Review the PAR system itself – focussing more on development and less on it being a driver for increased pay.

4.7 Support for staff

Current action:

• A counselling service is available for staff, which offers mediation in racial harassment cases.
• A Minority Ethnic Women's Network has existed for some time.
• The National Black Crown Prosecution Association (NBCPA) was established in 2001.

Action Planned for Year One:

• The CPS is developing means of providing support for minority ethnic managers.
• The staff survey took place in March 2002. This is our second national staff survey addressing attitudes and staff concern about stress. The analysis will be cross-referenced by ethnicity.
• A well-being strategy will be introduced.

Year Two

The following policies will be reviewed in year two:

1. Charge, bail, mode of trial, plea and alternative pleas loosely known as 'Plea-Bargaining'

• The CPS does not have, at present, much information about minority ethnic defendants. The Diversity Monitoring Project outlined in Section 4 will establish if there is any differential impact in terms of race and gender from different stages of the prosecution process: charge, bail, mode of trial, discontinuance, plea and plea bargaining. Following the outcome of this study (December 2002) The CPS will review any procedures which appear to be discriminatory.

2. Cross border and organised crime

• A comprehensive training guide and programme developed for prosecutors will take account of race equality.
• Guidance issued on cross border crime and organised crime will include offences relating to human trafficking which will take into account the position of minority ethnic communities.

3. Advocacy

• National guidance issued on the use of Higher Court Advocates will take into account race issues.

4. Taking forward new measures

• Recommendations from Criminal Justice: The Way Ahead (Government 'vision' on the future of the criminal justice system) will be reviewed in terms of their impact in so far as they affect The CPS.
• Implementation (including legislation) following Auld will be reviewed for its impact in so far as they affect The CPS.
• The impact on minority ethnic groups of the charging pilots will be reviewed.

5. Trial issues

The CPS works with other organisations on trial issues. Examples are:

• Work with the Lord Chancellor's Department and the Association of Chief Police Officers, which includes the review of section 51 of the Crime and Disorder Act (1998) – indictable only cases which are sent by the magistrates to the Crown Court.
• Work with the Association of Chief Police Officers, which includes improving the quality and timeliness of police files, the promotion of good practice through the Manual of Guidance (e.g. through CPS contributing to police training), and assisting the police in developing guidelines in relation to the collection, storage and admissibility of digital evidence, etc.

All work undertaken by the Trials Issues Group will be reviewed in Year Two.

6. Computer crime

In co-operation with other law enforcement agencies The CPS will be developing a computer crime training strategy. The aim is to have a national group of prosecutors with specialist knowledge in high-tech crime. The effectiveness of the training will be reviewed in terms of its impact on different ethnic groups.

7. Advice given to the Legal Secretariat to the Law Officers, the Home Office and others

The CPS gives advice and guidance on matters relating to prosecution policy and the criminal law. For example: the review of involuntary manslaughter, the modification of Crown immunity, the Home Office review of sexual offences, the Home Office Internet Task Force on Child Protection. Drafting and guidance and any advice will take into account the impact on race equality.

8. Cases relating to incitement to racial hatred (Part III of the Public Order Act 1986)

Prosecuting cases of incitement to racial hatred:

• Cases of incitement to racial hatred are referred to the Casework Directorate in Headquarters. This reflects the seriousness with which The CPS considers these cases. There is a dedicated coordinator who, through advice and support, ensures a consistent approach.
• The Attorney General has to give consent for cases to be prosecuted.

Review in Year Two:

• The CPS will review the way in which cases are dealt with. In conjunction with the police, it will consider how advice on charges can be given to the police early (many cases are reported to the police but are not charged), whether prosecution can be brought on other charges (e.g. racially aggravated crime).
• The review will take on board the comments raised at the consultative workshop on The CPS RES.

9. Religiously aggravated crime

The way in which religiously aggravated crime is prosecuted will be reviewed with input from different religious communities.

• Prosecuting religiously aggravated incidents: The Crime and Disorder Act was amended in 2001 to include hostility based on the victim's membership of a religious group – defined by reference to religious belief or lack of religious belief. Prosecutions may be brought on the same basis as for racially aggravated incidents.

10. Internal communication to CPS staff

• The CPS provides a weekly newsletter, inform, to all staff and a monthly magazine, CPS News. These both feature regular items on race equality, including information on the major religious festivals.
• Throughout The CPS there are 'sounding boards', where staff can raise issues of concern. The outcomes of the CRE investigation and the Denman Report have been discussed at sounding boards. Updates on these two reports are also discussed at sounding boards.
• Staff networks (including the NBCPA and the Minority Ethnic Women's Network) discuss issues at the Equality Committee.

All these means of communication with staff will be reviewed in Year Two.

11. Transport and subsistence payments for CPS staff

All policies and practices associated with expenses will be reviewed for their impact on different ethnic groups.

Year Three

Below are the functions and policies which will be reviewed in Year Three:

1. Human Rights Act (1998)

The CPS is working with its criminal justice partners to analyse the impact of the Act and provide guidance on Human Rights Act judgements.

2. Freedom of Information Act (2000)

The Freedom of Information Act (2000) is being implemented and guidance on its impact is being produced and will be available to the public. Training programmes and a strategy for dealing with requests from the public for information are being developed.

3. Serious complaints against the police Prosecuting cases of serious complaints against the police:

• Cases are dealt with in accordance with an agreement between The CPS and the Police Complaints Authority.
• All cases involving serious allegations against any police officer, and all cases (except minor motoring offences) against officers at or above the rank of superintendent, are referred to the Casework Directorate.

Review in Year Three:

• In reviewing the differential impact on minority ethnic groups, The CPS will take into consideration the recommendations from the consultative workshops on The CPS RES; in particular The CPS will consider the possibility of using third party independent advisers and the production of a public statement on the handling of serious complaints against the police.

4. Unduly lenient sentences

In some serious cases, where a sentence may have been 'unduly lenient' (i.e. outside the range of sentences which a judge could reasonably have been expected to consider), the case can be referred to the Casework Directorate at Headquarters. Casework Directorate will liaise with Treasury Counsel and in appropriate cases submit the case to the Attorney General, who will decide if the matter should be referred to the Court of Appeal as an unduly lenient sentence, in which case the sentence may be increased.

Review in Year Three:

• The CPS will review its decisions on unduly lenient sentences to see if such decisions have a differential impact on different ethnic groups. This work will be easier to undertake once The CPS has ethnic monitoring systems in place for casework.

5. Disclosure of unused material

The CPS is improving its performance on the disclosure of unused material by working with others in the criminal justice system to develop revised procedures and guidance. This will entail setting up a Project Board and joint CPS/Police working groups, issuing casework guidance to prosecutors and a national training package. The criteria for disclosure are set in statute. Sensitive material (such as the identity of a police informant, whose life might be in danger if it was revealed) is put before the judge for a decision to be made whether it should be disclosed. There is therefore an element of discretion and judgement about the use of such evidence.

Review in Year Three:

• The level of discretion could allow for discrimination to occur. In developing its work on disclosure The CPS will ensure, through monitoring, that discretion does not lead to discrimination.

6. Work related deaths

Currently The CPS, together with the Association of Chief Police Officers and the Health and Safety Executive, is reviewing the protocol on work related deaths.

7. Immigration and asylum seekers

The CPS will review the Memorandum of Good Practice on the prosecution of asylum seekers.

8. Records and security policy

Currently the department delivers security and records policy in accordance with government standards. Records are managed and finalised in adherence to The CPS Retention Schedules and comply with the principles of the Public Records Acts (1958 and 1967), Data Protection Act (1998) and Freedom of Information Act (2000). Records, which are selected for extended preservation follow The CPS long-term interest criteria. These are reviewed on an ongoing basis to the standards set by the Public Record Office.

Security policy is delivered in accordance with the Manual of Protective Security and in consultation with the Cabinet Office (Security Division) and other interested bodies. The security policy provides a framework which protects the confidentiality, integrity and availability of CPS information and systems.

9. European and international serious and organised crime initiatives.

Currently The CPS contributes to the European Judicial Network, Eurojust and other groups. CPS staff have been appointed to international crime liaison posts. This work will be reviewed in year three.

10. Joint work with Probation Service

The CPS has agreed national standards with the Probation Service governing the supply of information for pre-sentence reports. The standards will be reviewed to ensure fair and accurate reports.

11. CPS property policies

The CPS owns and leases property across England and Wales. Part of the work on properties used by The CPS includes 'facilities management', energy and environmental policy, health and safety policy and transport policy (car parking). All these will be reviewed during Year Three.

12. CPS Board and corporate governance The way the Board and corporate governance arrangements operate will be reviewed in Year Three.

Appendix 1 – Timetable of Policy Review

SECTION 6 : EMPLOYMENT

Existing Monitoring Systems

The CPS currently monitors staff by ethnicity, gender and disability for the following areas:

• Recruitment and selection.
• Staff conduct, discipline and capability.
• Equal Opportunities Complaints Procedure.
• Performance Appraisal.
• Deputising and promotion / progression.
• Programme for Action (women, race and disability).
• The numbers of staff in post and at different levels in The CPS.
• The numbers of existing staff who:
  • Raise grievances under the performance appraisal procedures.
  • Are taking out grievance procedures.
  • Are the subject of disciplinary procedures.
  • Cease employment and why.

We have started monitoring the following areas and will be able to report on these in April 2003:

• Pay systems.
• Training and development.

We produce an annual report, the Equal Opportunities Review, using April figures. This report goes to The CPS Board. All the statistics we produce are analysed and action is taken to address any adverse impact. The CPS now uses the ethnic categories introduced by the Government for the 2001 census.

There is still some reluctance from individual members of staff to provide monitoring information on ethnic origin. A re-survey has been undertaken to improve data collection and to be able to use the information as a benchmark (e.g. Labour Force Survey, Census categories). A covering letter from the Director of Public Prosecutions was sent with this re-survey explaining the reason for the survey and the confidentiality of data collected. Where information is not provided staff are canvassed periodically and encouraged to supply this information.

Future areas for monitoring

From 1 April 2002 monitoring will be undertaken in the following areas:

• Who receives training.
• The outcome on individuals of performance assessment.
• Staff who are taking out grievance procedures.
• Staff who are making a complaint under the Equal Opportunities Complaints Procedure.
• Pay systems.

All of the above will be published in The CPS Equal Opportunities Review. This will be analysed to identify patterns or trends that perpetuate inequality.

Recruitment and selection

All staff sitting on recruitment panels are required to have undertaken training in recruitment and selection skills. Successful candidates are selected on merit against the competencies profile for the post. National standards have been produced to ensure consistency in the drafting of these 'profiles'.

The CPS is currently looking at methods of selection other than interviewing to ensure that the process is fairer. We will need to be sure that these methods are not discriminatory and that they do not disproportionately affect people from particular ethnic groups. All recruitment activity is subject to external audit by the Civil Service Commissioners.

We will ensure that all recruitment activity is monitored and to a consistent standard, with 'spot checks' to enforce the Civil Service Commissioners' Recruitment Code.

We will scrutinise our policy for advertising vacancies and its relationship with career development and commitments given to value staff that work in The CPS. This will include consideration of the need to advertise vacancies concurrently internally and externally.

We currently monitor recruitment activity, but will extend this to the appointment of 'casual' staff. This will include tracking what happens at the end of their casual appointment and the ethnic origin of those who may or may not gain permanent employment.

We will monitor the use of PAR reports for adverse impact on any particular groups of staff. One consideration will be to focus recruitment and selection on the use of references for both internal and external candidates.

Staff conduct, discipline and capability

We will monitor discipline, grievance and capability procedures in The CPS. An anonymised discipline register of serious or gross misconduct cases is already maintained and will be extended.

Equality & diversity complaints procedure

The complaints procedure has been revised to rebuild staff confidence in the process. The revised version will include internal advisors, an informal stage and external investigators working alongside internal investigators.

As already stated there will need to be monitoring of those making complaints and also how complaints are resolved.

Performance management procedures

There have been concerns across the wider Civil Service as well as within The CPS about the application of performance management schemes. While there is no statistical evidence of adverse impact in The CPS, there appear to be imbalances across a range of groups of staff in the wider Civil Service, of which ethnic origin is one.

This process is important because it is an integral part of individual performance management and staff development. In addition, selection procedures are linked to assessment of suitability against standards of competence. CPS will monitor for adverse impact and trends that may be discriminatory and also undertake periodic quality checks of box markings and reports.

The scheme is currently being reviewed to address some of these issues.

Pay system

The pay structure and framework will need to be reviewed to ensure that it is fair and nondiscriminatory.

Payments other than annual salary e.g. overtime and recruitment/retention allowances, will be monitored to ensure that objective and valid criteria are being used and also applied consistently.

Deputising, promotion and progression

CPS will monitor whether the rate of promotion and deputising is proportionate to the representation of different groups within the staffing structure. Selection for promotion or progression will be re-aligned with recruitment practice, so that it is fair, consistent and transparent.

Training and development

There is a separate section on Training and Development, Section 7. While most applications for training and development opportunities are voluntary, CPS will monitor how places on training events (internal and external) are allocated and whether the ethnic origins of those nominated is representative of staff in The CPS.

Minority Ethnic Staff by level and CPS targets

Level	April 2001 percentage	Civil Service Comparison	2002 Target	2005 Target
A1	9.50%	7.50%	-	-
A2	13.50%	7.50%	-	-
B1	9.70%	5.70%	-	-
B2	6.30%	3.10%	4.50%	6.00%
B3	-	3.10%	1.50%	2.50%
C1	11.50%	-	-	-
C2	7.50%	-	-	-
D	5.40%	2.60%	2.50%	3.00%
E	3.70%	2.60%	2.00%	3.00%
CCPs	4.80%	-	4.00%	7.00%
SCS	11.10%	2.20%	5.00%	11.00%

 

C1/C2 and CCP are lawyer grades with no equivalent in the rest of the Civil Service. A1 is the lowest grade and SCS the highest.

National targets were set in April 2000; all CPS Areas and headquarters set targets in 2001. Progress against targets and comparative figures is analysed on a yearly basis. Overall in The CPS, 9.5% of staff belong to minority ethnic groups against the overall Civil Service comparison of 6.0%. Targets are only set where the proportion of minority ethnic staff falls below the Civil Service comparison.

SECTION 7 : TRAINING AND DEVELOPMENT

Current training and development policy

• The CPS has a training policy, which specifies that the delivery and provision of training and development opportunities must comply with the equal opportunities policies of The Crown Prosecution Service.
• Training and development is made available to staff according to need and priority, through internally provided programmes and external providers, including qualification programmes, short courses, etc. The Service recognises the full range of learning methodologies available, including on the job development and support available to managers and staff in order to continue to develop throughout their career. Identification of training needs
• Each year a National Training and Development Plan determines the core training priorities for the Service. Target groups of staff are identified at this stage. The plan is approved by the Continuous Development Strategy Group and the Board, and complements existing local priorities.
• Every member of staff is encouraged to maintain a Personal Development Plan as a basis for discussion with their line manager during their annual performance review. The plan assists in identifying individual training needs to meet the requirements of the job.

Access to learning and development opportunities

• It is important to ensure that minority ethnic staff have equal access to learning and development opportunities. All applications/requests for development are considered against national and Area priorities as they relate to the business need. External training requests are made through a formal application procedure, which is monitored by a Training and Development Manager or Area Business Manager to ensure that requests are dealt with fairly and openly. Training delivery and design
• The training services team works in conjunction with project managers to determine the content of training programmes and to ensure that race equality issues have been considered and mainstreamed into the curriculum. Any future training programmes, that have a particular impact on race equality issues in relation to service delivery and employment will be discussed with the Equality and Diversity Unit.
• All core training programmes, including design and content, have been reviewed to ensure that equality issues are integral to the course. A core group of Lead Trainers will be set up to provide continual updating of programmes and ensure equality issues are considered.
• All internal trainers undergo an internal 'Training the Trainer' programme, which includes equality and diversity issues in training delivery. A system exists to identify the particular needs of individuals who attend internal training programmes.

Equality training

• All CPS staff have received equality and diversity training. All new starters receive specific training on equality and diversity issues in The CPS within the first six months of appointment. This will include details of the Race Equality Scheme.
• A training programme will be delivered in 2002- 2003 for project officers/policy officers to ensure thorough awareness of the equality scheme and their responsibilities.

Leadership and management development

• The CPS has a management development strategy, which incorporates diversity and equality within all modules. A quality check of all new management modules will be completed by the Equality and Diversity Unit in conjunction with the Training and Development Unit.

Specific training will be included on the Race Equality Scheme.

Race Equality Scheme

• A training programme will be delivered in 2002- 2003 for project officers/policy officers to ensure thorough awareness of the Race Equality Scheme and their responsibilities under the Race Relations (Amendment) Act (2000). Monitoring and Reviews
• A computerised system will be used from 1 April 2002 to collate training and development records. A quarterly report will be produced by each Family Group, which will monitor the number of staff who receive training by ethnicity.
• A national system for monitoring access to training will be agreed and introduced during 2002-2003.

CONCLUSION

This is the first CPS Race Equality Scheme. We consider the Scheme to be a live document. This means that we will be reviewing the Scheme on a regular basis. Updated Schemes will be published yearly. As new legislation and measures are introduced, we will include them in the Scheme. In 2003 we will produce equality schemes for gender, disability and sexual orientation. The four schemes (race, gender, disability and sexual orientation) will be brought together as one overarching Equality Scheme. They will, however, retain their specificity in terms of these four areas of discrimination.

We welcome comments on The CPS Scheme. Please send these to:

Equality & Diversity Unit, Room 729, Rose Court, 2 Southwark Bridge, London, SE1 9HS.

The Scheme is available in Braille, large print format, audio-cassette and community languages. If you require any of these please contact: CPS Communications Branch, Rose Court, 2 Southwark Bridge, London, SE1 9HS. Tel: 020 7796 8442, Fax: 020 7796 8351, e-mail: commsdept@cps.gov.uk

APPENDIX 1 – TIMETABLE OF POLICY REVIEW

YEAR 1 : 2002 - 2003

• Racially aggravated crime
• Deaths in custody
• Direct Communication with Victims and CPS response to the Victim's Charter
• Speaking Up for Justice
• Youth offenders
• Persistent offenders
• Terrorism
• Public confidence in The CPS
• Selection of counsel
• Domestic violence
• Legal guidance for The CPS
• Joint work with Home Office
• Procurement
• Information technology (IT)
• Recruitment, selection and promotion
• Succession
• Training and Development
• Pay strategy
• Performance management
• Performance appraisal
• Support for staff

YEAR 2 : 2003 - 2004

• Charge, bail, mode of trial, plea, alternative pleas loosely known as 'plea-bargaining'
• Cross border and organised crime
• Advocacy
• Taking forward new measures
• Trial issues
• Computer crime
• Advice given to the Legal Secretariat to the Law Officers, the Home Office and others
• Cases relating to Incitement to Racial Hatred (Part III of the Public Order Act 1986)
• Religiously aggravated crime
• Internal communication to CPS staff
• Transport and subsistence payments for CPS staff

YEAR 3 : 2004 - 2005

• Human Rights Act 1998
• Freedom of Information Act 2000
• Serious complaints against the police
• Unduly lenient sentences
• Disclosure of unused material
• Work related deaths
• Immigration and asylum seekers
• Records and security policy
• European and International serious and organised crime initiatives
• CPS property policies
• CPS Board and corporate governance

CPS Race Equality Scheme Board

• Rohan Collier (Chair)
• Chris Newell
• Garry Patten
• Mark Burch

CPS Race Equality Scheme Team

• David Blundell (Team Manager)
• Laurence Gouldbourne
• Dale Simon
• Mark Bowring
• Ken Caley
• Josie Brown
• Brian Cameron
• Grace Ononiwu
• Penny Kanssen
• Melanie Werrett

Our thanks go to all CPS members of staff who contributed to this document. Particular thanks to those listed below who participated in the consultative workshop and helped us draw up a better Race Equality Scheme:

• Peter Herbert
• Peter Lewis
• Harjinder Singh
• Chris Wooley
• Linda Bellos
• Sue Taylor
• Shammi Jalota
• Carmen Dowd
• Abi Pointing
• Pankaj Doshi
• Palma Black

Produced by The CPS Communications Branch for the Equality and Diversity Unit.