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Crown Prosecution Service Annual Report 2004 - 2005

Inspiring the Confidence of the Communities we Serve

Community Engagement

The CPS has developed its approach to community engagement and will be implementing and evaluating three pilots to test the effectiveness of the community engagement strategy and framework in different aspects of the CPS’s work. The pilots will not only look at an Area's overall approach to community engagement, but will also concentrate on its effect in relation to ASBOs and NWNJ. The pilots will inform good practice and a wider community engagement strategy

Director and Chief Executive lead the way on Community Engagement.

During the summer and autumn of 2004-05 the Director and Chief Executive attended a series of community engagement meetings at which the Director shared his vision for the Service with communities; listened to communities concerns; and committed to an ongoing dialogue. A full report of the meetings 'DPP and Chief Executive's Community Engagement Meetings - An Audit of Communities' Concerns and Priorities 2004-05' has been sent to all attendees. Agreed actions being taken forward include:

  • engaging with disability communities;
  • considering more cross-agency training on faith awareness;
  • improving victim and witness care in black and minority ethnic communities.

Various communities including BME and faith groups have been invited to be involved in further specific initiatives including consultation on our new equality and diversity policy, our Race Equality Scheme and our work on Domestic Violence.

Vinny Bolina, CPS West Midlands with the Prime Minister

Vinny Bolina, CPS West Midlands with the Prime Minister

CPS won the "outstanding contribution to engaging local communities" award at the inaugural Justice Awards ceremony at 10 Downing Street. Vinny Bolina,West Midlands Communications manager was commended for engaging with the diverse local communities of the West Midlands. He has been instrumental in ensuring the CPS is present at key local events such as the Asian achievement awards, the Birmingham Pride event and an event in Birmingham to celebrate International Women's Day. He has also established links with local and national ethnic media and set up a cultural awareness programme for senior managers to raise awareness of the different cultures and religions that exist in the West Midlands.

Richard Foster, Laurence Gouldbourne and Séamus Taylor, Director of Equality and Diversity.

Richard Foster, Laurence Gouldbourne and Séamus Taylor, Director of Equality and Diversity.

CPS won the overall award for Organisational Excellence in Equality and Diversity at the Race ActionNet conference in November 2004. The award recognised the community engagement that underpinned the development of the CPS Racist and Religious Crimes Policy and commended the level of consultation with communities and the accessibility of the policy in terms of in style, language and format.

Prosecuting Racist and Religious Crime

The Attorney General and DPP launched the CPS Policy on Prosecuting Racist & Religious Crime in July 2003. In May 2004 HMCPSI published the Follow-up Review of CPS Casework with a Minority Ethnic Dimension which found significant improvements in the prosecution of these crimes compared to an initial review in 2002.

In the CPS Racist Incident Monitoring Annual Report the overall conviction rate rose in cases with a racist element from 84% to 86%. In 2005-06 the CPS will review performance in the prosecution of hate crimes including racist and religious crimes compared to a comparable class of non-hate crimes.

Case Study

Patricia Green was arrested on 24th December 2002 following a complaint of criminal damage and assault. While resisting arrest Green called an Asian officer a "Paki black bastard." She was charged with racially aggravated threatening words and behaviour, but in June 2003 magistrates at Warley magistrates court acquitted her stating that the words were spoken as a continuation of her opposition to arrest rather than "deliberately engaging in racial hostility." CPS West Midlands appealed against the decision which was upheld by The High Court of Justice Queens Bench Divisional Court. The Court agreed that whether the defendants abuse was generally motivated by hostility towards the police was irrelevant. In June 2004 Green was convicted and sentenced to a 12 month conditional discharge and ordered to pay £100 compensation to the officer, PC Qureshi.

Case Study

Between 23rd April and 16th May 2004 brothers Neil and Martin Shepherd shouted abuse at a gypsy family who were camped beside the A350 in Dorset, calling them "gypo scum" and "vermin". The brothers pleaded guilty to racially aggravated harassment. During the sentencing hearing at Weymouth magistrates court Chairman of the bench Robert Cowley commented, "You have subjected an innocent family to extreme harassment and distress. Your behaviour was totally unacceptable." In June 2004 the brothers were sentenced to a 240- hour community punishment order and ordered to pay £1000 each in compensation to the family and £50 prosecution costs.

Domestic Violence

In February 2005 the CPS issued revised Policy and Guidance on Prosecuting cases of Domestic Violence together with a linked training programme for prosecutors and caseworkers. The aim is to improve the way the CPS deals with cases of domestic violence and implement the recommendations of both the joint HMCPSI and HM Inspectorate of Constabulary (HMIC) inspection: Violence at Home - the Investigation and Prosecutiion of Cases Involving Domestic Violence and the Evaluation of Specialist Courts Report. The guidance will address the implications of the new Domestic Violence, Crime and Victims Act 2004, and deal with issues relating to a victim's background and community; including BME communities, same sex relationships, elder abuse, children, disabled victims, travellers, refugees, asylum seekers and sex workers.

Case Study

A female victim was assaulted by her partner within the sight of her daughter. A video interview was organised for the child witness and a Special Measures application was made and granted.The child gave her evidence via a video-link which lead to a delay in proceedings. Despite this both the victim and witness felt able to continue with the prosecution process due to the support by the Domestic Violence (DV) specialists.The DV Project team in Caerphilly, consisting of the independent domestic violence advisor (supporting the victim and witness), the dedicated police officer and the lead CPS prosecutor, kept the victim and witness appraised of every development in the proceedings and arranged a court visit to familiarise them with the process.The case proceeded to trial and the defendant was convicted. He received a two-year Community Rehabilitation Order and was ordered to pay £100 compensation and £365 costs.

Homophobic Crime

CPS has established Homophobic Crime Coordinators in all Areas who are establishing links with local gay, lesbian, bi-sexual and transgender communities.Victims of homophobic crime have traditionally been concerned about reporting incidents for the fear of 'outing' and the consequences of it, and distrust of the CJS. Legislative changes, the introduction of WCUs, and the work done throughout CPS to raise staff awareness of Homophobic Crime has improved the CPS's response to the issue and led to increased confidence, and reduced the anxieties and worries of victims.This is leading to an increase in the number of successful prosecutions of Homophobic Crime.

CPS has run 5 training courses for Area Homophobic Crime Co-ordinators.The courses were designed by the Homophobic Crime Working Group who were assisted by representatives of the LGBT community.

Kathy Tayler, Unit Head of the Magistrates Courts' Section at Plymouth said "my highlight for 2004 was attending training for homophobic crime Area Co-ordinators. It was excellent and was a great chance to meet Co-ordinators from other Areas".

"Honour Crimes"

The CPS and police have worked together to raise awareness of "so-called" honour crimes. These crimes usually occur as a reaction against someone who is perceived to have brought "shame" upon the family and encompass a wide range of offending that includes murder, serious assaults, false imprisonment, kidnapping and forced marriage. Some of the factors that give rise to these crimes include gender inequality, cultural and generational divisions and a victim's refusal to adhere to a family or clan's code of conduct or rules about how family members should behave. These crimes are usually directed towards women, but there are also male victims of "so-called" honour crimes.

Together the CPS and police are developing ways in which they can encourage victims and witnesses to report crimes to support investigations and prosecutions.

Nazir Afzal, Director CPS London West

Nazir Afzal, Director CPS London West

In December 2004 the CPS held an Honour Crimes conference aimed at raising awareness of the issue. The conference was chaired by Nazir Afzal, Director London West Sector, and there were speakers from the Foreign and Commonwealth Office, the police and a women's refuge.

Conference attendees heard that the suicide rate among Asian women aged between 15 and 25 was three times the national average. For the 25 to 35 age group it was twice the average. These statistics have led police to review the disappearances and deaths of 109 young Asian women over the past 10 years to establish whether they were killed for bringing shame on their families. The CPS and police are also planning to ask coroners for details of cases where they suspect that Asian women committed suicide following intimidation or harassment.

Case Study

Heshu Yones had planned to run away from home after starting a relationship with a Lebanese teacher. On 12 October 2002 at their home in West London her father stabbed Heshu 11 times before cutting her throat. Mr Yones justified his actions by stating the shame his daughter had caused their family left him with no choice but to resort to extreme actions. He feared she was becoming westernised and disapproved of her Christian boyfriend. Mr Yones was convicted at the Old Bailey of murdering his daughter and was sentenced to life imprisonment.

Anti-Social Behaviour Orders (ASBOs)

The CPS now has 14 specialist prosecutors appointed in key Areas to lead on prosecuting cases where anti-social behaviour legislation could help the CPS take effective action against persistent offenders.These appointments coincided with the CPS being given the formal power to apply for post-conviction ASBOs.The appointment of the specialists represents a significant change in focus for prosecutors, as they engage with the community and local authorities and work with CJS partners and other local agencies to ensure a united and consistent approach to combat anti-social behaviour. Each CPS Area now has an action plan to continue tackling anti-social behaviour and an Area Champion has been appointed in all CPS Areas that do not have a full time expert.

Case study

Edmund Hall, CPS London

Edmund Hall, CPS London

A serial burglar who targeted pensioners has been barred from every home in the country under an Anti-Social Behaviour Order. The conditions mean that John Cash is prevented from even phoning anyone with a residential property without the occupier's permission.

The unprecedented order, framed by CPS London Prosecutor Edmund Hall, Anti-Social Behaviour Order Prosecutor for the capital, will run for five years once Cash is released from prison.

The heroin addict posed as a police officer and a milkman to persuade his victims - aged from 80 to 96 - to let him into their homes. Cash, who admitted four burglaries and asked for 258 other offences to be taken into consideration, was jailed for seven years at Harrow Crown Court in July 2004.

Dean Lampard, Crown Prosecutor CPS Avon & Somerset, has devised a 'Three Strikes and Your Out' policy to tackle alcohol related anti-social behaviour in Taunton. The policy, developed in conjunction with the police, local authority and local communities, has reduced the level of antisocial behaviour in the town and helped many offenders address their alcohol abuse.

After a first conviction the police issue a yellow card quoting the health implications of alcohol abuse along with a letter warning of the civil and criminal sanctions that may follow further offending. After a second conviction the offender receives a red card with a stronger health message and a letter informing them that they are banned from all Taunton licensed premises for the next 28 days. Three convictions within a 12-month period, coupled with a breach of the order automatically trigger an ASBO application. Names and photographs of those made subject to an ASBO are published in local news media.

Commenting on the policy Dean said, "As well as being a punitive measure, 'Three Strikes' gives offenders an incentive to address their behaviour and helps to improve quality of life for the whole community."

Communications

The CPS has continued to strengthen its approach to communications abilities throughout the year by improving the CPS website, producing a number of information leaflets and a video specifically aimed at raising the awareness of school children.

Householders and the use of force against intruders

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A new leaflet, published jointly by the CPS and ACPO in February 2005, gives guidance to householders on the force that they can use to tackle intruders.

Initially, 100,000 leaflets were distributed within a couple of days of production, but due to unprecedented demand a further 200,000 have now been issued.

The guidance, which is also available in Welsh and on audio CD, led to a number of significant media interviews, including comments from the DPP on BBC TV and Radio News, Sky News, Channel 4 News, Radio 5 Live and the PM Programme.

CPS schools video

The CPS schools video, Just Deserts, received a runners-up award in the category "working towards raising public confidence amongst diverse communities", in the CPS Diversity Awards.

Just Deserts

Just Deserts

It also won a Gold Medal for Education at the prestigious IVCA (International Visual Communication Association) awards, where it was up against stiff private and public sector competition.

Designed to be shown primarily to 14 to 16- year-olds, Just Deserts tells the story of Jerome, who witnesses a crime but is initially scared to come forward, especially after being threatened by the offenders.The video outlines some of the special measures available to witnesses like Jerome and shows how the CPS works with other parts of the CJS to ensure justice is done.

The video has been well received by CPS Areas, with one Manchester-based prosecutor commenting: "The video is so relevant as it addresses incidents pertinent to the school and opens the door to discussions about why it is important to come forward as a witness."

Freedom of Information

In the last 12 months, the CPS has been proactive in ensuring that new prosecution policies are made widely available. For example, Guidance on the Hunting Act 2004, and the Directors Guidance on Charging were published on the Website as soon as they were published.

Over the year, the number of hits on the website has increased from, on average, around 60,000 to almost 110,000.

We have made sure that the website conforms to the Disability Discrimination Act and during the year an independent group judged it to be one of the top four Central Government websites in terms of accessibility.

Representative Workforce

The CPS Annual Equalities in Employment Report 2003-04 was published in January 2005. The report shows a significant increase in the number of senior female employees and the numbers of Black and Minority Ethnic legal trainees in the past year. The number of female CPS employees at Senior Civil Service level has increased to 27.3%, with female Chief Crown Prosecutors increased to 22%. In April 2004 Black and Minority Ethnic employees made up 14.2% of all CPS employees exceeding the civil service average of 8 percent. CPS work in this area was recognised on 24th May 2005 when the Law Society Commission for Racial Equality voted the CPS 'Best Employer In-House Legal Departments and Public Sector' at the inaugural Solicitors Race Equality Awards.

"Crime affects people from all walks of life and from all communities and it is important that our staff are representative of the diverse communities we serve. We are seeing more women and Black and Minority Ethnic staff in senior positions, more minority ethnic staff employed as CPS prosecutors and more minority ethnic and disabled staff on our legal trainee programme schemes."

Ken Macdonald QC, Director of Public Prosecutions.

In May 2005 the CPS launched its second Race Equality Scheme, "Building on Success: Delivering Race Equality. " Since the original scheme was published in 2002 the CPS has made huge progress in this area and the second scheme builds on this success. The scheme was formulated in consultation with community groups as well as internal contributions. At the launch of the new scheme Dale Simon, representing the National Black Crown Prosecution Association stated she would "recommend the CPS as a career choice for black professionals"