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Minutes of the CPS Board Meeting on 15 March 2006

Present:

Ken Macdonald (Chair)
Richard Foster
Neil Franklin
Philip Geering
John Graham
Claire Hamon
Deborah King
Peter Lewis
Angela O'Connor
Portia Ragnauth
Jim England
Simon Clements
Jane Furniss
Anjali Arya

Apologies

Dru Sharpling
Seamus Taylor
Philip Oliver

Secretariat:

Gary Cox
Nicol Harlow


    Item 1: Director's Update

    Overall Performance Assessments (OPAs)

  1. The Board noted the publication of the second tranche of Area OPAs produced by HMCPS Inspectorate. The OPAs were recognised as a constructive tool for the CPS to assess and improve performance and overall the picture was of an improving organisation. The Board agreed that the challenge for Areas was to use the results of the OPAs to help drive further improvements.

    2. PAC Hearing

  2. The Director attended a Public Accounts Committee (PAC) hearing on 8 March 2006 to consider the National Audit Office (NAO) Report 'CPS and magistrates' courts'. The report was critical of the CPS and raised a number of important issues for the CPS, police and courts to improving the performance in magistrates' courts. The CPS and CJS response to the Report was a later agenda item for Board discussion.

    3. Item 2: Feedback and Issues from the PAC meeting on NAO Report

  3. In their review of magistrates' courts cases, the NAO found that CPS and police were responsible for 43 per cent of the ineffective hearings. The study estimates that ineffective trials and hearings cost the criminal justice system £173 million a year. Of this the NAO estimates the CPS is responsible for £24 million.
  4. The report identifies five main causes for the problems within the CPS including: a lack of ownership and oversight of cases; insufficient time for prosecutors to prepare before presenting cases in court; a failure to prioritise cases where urgent action was required; poor case tracking; and incomplete evidence on the file.
  5. The CPS is working closely with Lord Justice Thomas and the Department of Constitutional Affairs and are piloting ways of providing speedier justice in the magistrates' court in 5 locations. In parallel with these pilots, CPS, police and court staff are working together to develop an effective case management and progression model for dealing with magistrates' courts cases based on good practice and practical experience.

    6. Item 3: Budget Position and Forecast Outturn

  6. The overall forecast budget position for 2005-06 is for an underspend of £22.4 million or 3.4%. Within this overall picture, expenditure on prosecution costs will exceed budget this year by up to £5.5 million. This overspend will be covered by available reserves.

    7. Item 4: Stocktake of Victims and Witness Services

  7. The Board noted the existing range of legislative and non-legislative initiatives aimed at improving services to victims and witnesses, including the Prosecutors' Pledge, No Witness No Justice, direct communications with victims and hate crime policies on race, religion, homophobia, and domestic violence. Pilots on Victim Advocates and pre-trial interviews with witnesses were also underway.
  8. The Board noted that a pathfinder project was underway, building on Witness Care Unit arrangements to inform all witnesses of charges against defendants and that the coming year will see the introduction of the new Victims' Code, a Children's Charter on the treatment of children as victims and witnesses and a policy statement on crimes against the disabled. The Board noted proposals to introduce Victim Care Units had been included in a Green Paper on Victim Services.
  9. The Board agreed that CPS delivery of the Attorney General's "Prosecutors' Pledge" should form the basis of the CPS public policy statement on delivery of services to victims rather than the existing Statement of National Standards of Witness Care.

    10. Item 5: Governance Review

  10. The Board endorsed proposals to improve the administration and operation of the existing governance arrangements. The Board agreed that more fundamental proposals for reform would be considered in May, when the overall position on police reform may also be clearer.

    11. Item 6: Performance Management

  11. The Board received a presentation on the new performance management arrangements which is part if the INVEST programme and the new performance management toolkit. The Board noted that all managers in the CPS will receive workshop based training on performance management and use of the toolkit during 2006.

    12. Item 7: Proposals for the Spring Senior Managers Conference

  12. The Board agreed proposals for the Spring 2006 Senior Managers Conference, based on 'delivering excellent performance through our people'. The intention was for the conference to include sessions and discussion with the Attorney General and the Cabinet Secretary.

    13. Item 8: Carter Review Implications

  13. The Board considered an update on the Review of Criminal Legal Aid which proposes a number of procurement principles for criminal legal aid, seeking to implement fixed fees, introduce competition into the criminal defence legal services market and introduce preferred suppliers for legal defence services.

    14. Item 9: Police Reform

  14. The Board considered the current position and CPS preparations to respond to proposals on Police Reform. The Board noted that the Home Secretary has proposed the following mergers of police force Areas:

    • Northumbria, Cleveland and Durham into a North East Area;
    • West Midlands, Staffordshire, West Mercia and Warwickshire into a West Midlands Area;
    • Gwent, South Wales, Dyfed Powys and North Wales into a Welsh national force; and
    • three forces in the North West, with a merger of Lancashire and Cumbria, a merger of Merseyside and Cheshire, with Greater Manchester standing alone.
  15. The next announcement on police mergers is anticipated on 20 March 2006. The Board noted that work continued on a business case for the changes required for the CPS to match the police force structures and that work was underway to consider options for the selection of CCPs and ABMs for those new Areas.

    16. Item 10: Draft Agenda for the next Board meeting

  16. The Board agreed that the agenda for the next meeting be drawn from:

    • Budget outturn for 2005-2006
    • Securing Value for Money in 2006-2007 and Efficiency Plan for CSR2007
    • Assurance Report for 2005-2006
    • Managing Corporate Risks for 2006-2007
    • Delivering the Communications Strategy
    • Results from the CJS Staff Survey Report
    • CPS response to the Government's Respect agenda
    • Progress report on INVEST
    • Review and actions arising from the Spring Senior Managers' Conference
    • Statement on Internal Control for 2005-2006
    • Recommendations from the Governance Review
    • An update on Simple Speedy Summary Justice
    • Draft Agenda for Board Meeting in July 2006

    Item 11: Information System Strategy: Communications

  17. The Board viewed a short DVD on the CPS IS Strategy entitled "CPS Information Systems for the future: making the case". The DVD illustrates the how information and communication technology will support the CPS in becoming a world class prosecution service and contribute to a joined-up Criminal Justice System.

    18. Item 12: Any Other Business

    Advocate Recruitment

  18. The Board noted that recruitment exercises to appoint barristers in Casework Division and CPS London had been successfully completed and that Counter Terrorism Division will shortly be advertising for two advocates for terrorist cases.

    19. Non Executive Director Recruitment

  19. The Board noted that the CPS has appointed Gerard Lemos and Rob Sykes as new Non-Executive Directors.

Strategy Planning & Change Division
March 2006