Annex A: Casework Statistics
In these statistics, a defendant represents one person in a single set of proceedings, which may involve one or more charges. A set of proceedings usually relates to an incident or series of related incidents that are the subject of a police file. If a set of proceedings relates to more than one person then each is counted as a defendant. Sometimes one person is involved in several sets of proceedings during the same year: if so, he or she is counted as a defendant on each occasion.
The figures comprise defendants dealt with by the 42 Areas of the Service, but do not include the specialised casework handled by Casework Directorate.
Chart 1 Magistrates' courts: caseload
Chart 1 shows the number of cases dealt with by the CPS in 2005-06 and in the two preceding years.
The number of defendants prosecuted by the CPS fell by 7.3% during the year. Several factors may affect this figure, including the number of arrests, the impact of the early involvement of prosecutors, the number of offences cleared up by the police, and the number of offenders cautioned by the police. The present fall in caseload may also be related to lower levels of recorded crime, and to an increasing number of comparatively minor offences now dealt with by way of a fixed penalty without CPS involvement.
| Magistrates' courts: caseload | 2003-04 | 2004-05 | 2005-06 |
|---|---|---|---|
| Pre-charge decisions | 194,928 | 441,194 | 570,757 |
| Prosecuted by CPS | 1,274,615 | 1,168,078 | 1,082,385 |
| Other proceedings | 17,225 | 7,028 | 3,890 |
Pre-charge decisions: in all but minor cases, and those where a guilty plea is anticipated, Crown Prosecutors are responsible for deciding whether a person should be charged with a criminal offence and, if so, what that offence should be in accordance with the Director's Guidelines. The figures shown here comprise all such decisions, regardless of whether the decision was to prosecute or not. Many pre-charge decisions will have been made in cases subsequently prosecuted by the CPS;
Prosecuted by the CPS: this figure comprises all defendants charged or summonsed whose case was completed in magistrates' courts during the period, including those proceeding to a trial or guilty plea, those discontinued, and those which could not proceed. Cases committed or sent for trial in the Crown Court are not included in magistrates' caseload data. Further information on the type of finalisations is shown at chart 3;
Other proceedings: non-criminal matters, such as forfeiture proceedings under the Obscene Publications Acts.
Chart 2 Magistrates' courts: types of cases
Chart 2 shows the different types of cases dealt with by the CPS in magistrates' courts. They are:
Summary: cases which can be tried only in the magistrates' courts;
Indictable only/either way: indictable only cases can be tried only in the Crown Court, but either way cases may be tried either in magistrates' courts or in the Crown Court.
| Magistrates' courts: types of cases | 2003-04 | % | 2004-05 | % | 2005-06 | % |
|---|---|---|---|---|---|---|
| Summary | 836,973 | 61.4 | 792,725 | 63.6 | 725,993 | 62.6 |
| Indictable only/either way | 525,345 | 38.6 | 453,115 | 36.4 | 433,985 | 37.4 |
| Total | 1,362,318 | 1,245,840 | 1,159,978 |
Chart 3 Magistrates' courts: case outcomes
Chart 3 shows the outcome of defendant cases completed during the year. These are cases where a decision has been made by the police or CPS to charge or summons. Cases may proceed to prosecution or be discontinued at any stage of the proceedings up to the start of trial.
Discontinuances: Consideration of the evidence and of the public interest may lead the CPS to discontinue proceedings at any time before the start of the trial. The figures include both cases discontinued in advance of the hearing and those withdrawn at court. Also included are cases in which the defendant was bound over to keep the peace;
Warrants etc: when the prosecution cannot proceed because the defendant has failed to appear at court and a Bench Warrant has been issued for his or her arrest; or the defendant has died; or where proceedings are adjourned indefinitely;
Discharges: committal proceedings in which the defendant is discharged;
Dismissals no case to answer: cases in which the defendant pleads not guilty and prosecution evidence is heard, but proceedings are dismissed by the magistrates without hearing the defence case;
Dismissals after trial: cases in which the defendant pleads not guilty and proceedings are dismissed by the magistrates after hearing the defence case - a not guilty verdict;
Proofs in absence: these are mostly minor motoring matters which are heard by the court in the absence of the defendant;
Guilty pleas: where the defendant pleads guilty;
Convictions after trial: cases in which the defendant pleads not guilty but is convicted after the evidence is heard.
| Magistrates' courts: case outcomes | 2003-04 | % | 2004-05 | % | 2005-06 | % |
|---|---|---|---|---|---|---|
| Discontinuances (including bind overs) |
175,779 | 13.8 | 146,268 | 12.5 | 126,047 | 11.6 |
| Warrants etc | 72,078 | 5.7 | 53,408 | 4.6 | 36,191 | 3.3 |
| Discharges | 2,225 | 0.2 | 3,444 | 0.3 | 2,420 | 0.2 |
| Dismissals no case to answer |
3,053 | 0.2 | 3,681 | 0.3 | 3,037 | 0.3 |
| Dismissals after trial | 15,997 | 1.3 | 17,839 | 1.5 | 18,868 | 1.7 |
| Proofs in absence | 152,757 | 12.0 | 169,681 | 14.5 | 168,874 | 15.6 |
| Guilty pleas | 800,525 | 62.8 | 716,082 | 61.3 | 674,925 | 62.4 |
| Convictions after trial | 52,201 | 4.1 | 57,675 | 4.9 | 52,023 | 4.8 |
| Total | 1,274,615 | 1,168,078 | 1,082,385 |
Discontinuances have continued to fall substantially, from 16.2% in 2001-02 to 15.5% in 2002-03, to 13.8% in 2003-04, to 12.5% in 2004-05, and to 11.6% in 2005-06, reflecting the positive impact of the charging initiative.
Convictions rose from 76.8% of all outcomes in 2002-03 to 78.9% in 2003-04, to 80.8% in 2004-05, and to 82.8% in 2005-06. Over the same period, unsuccessful outcomes fell from 23.2% in 2002- 03, to 21.1% in 2003-04, to 19.2% in 2004-05, and to 17.2% in 2005-06. This was another positive outcome of charging.
Where a defendant pleads guilty to some charges in a set of proceedings, and not guilty to others that subsequently go to trial, the above figures include both the guilty plea and the outcome of the subsequent contested hearing.
Chart 4: Magistrates' courts: committals to the Crown Court
In addition to the above cases, which were completed in magistrates' courts, the following numbers of defendants were committed or sent for trial in the Crown Court:
| Description | 2003-04 | 2004-05 | 2005-06 |
|---|---|---|---|
| committals for trial | 100,490 | 93,936 | 92,598 |
Chart 5: Crown Court: caseload
Chart 5 shows the number of defendants whose case was completed in the Crown Court:
Prosecuted by the CPS: This figure comprises all cases proceeding to trial or guilty plea in the Crown Court, together with those discontinued or dropped by the CPS after having been committed or sent for trial. The outcome of these proceedings is shown at chart 7;
Appeals: defendants tried in magistrates' courts may appeal to the Crown Court against their conviction and/or sentence;
Committals for sentence: some defendants tried and convicted by the magistrates are committed to the Crown Court for sentence, if the magistrates decide that greater punishment is needed than they can impose.
| Description | 2003-04 | 2004-05 | 2005-06 |
|---|---|---|---|
| Prosecuted by the CPS | 97,375 | 94,737 | 93,727 |
| Appeals | 11,418 | 11,960 | 12,741 |
| Committals for sentence | 20,191 | 19,672 | 21,918 |
The number of defendants prosecuted fell by 1.1% during 2005-06.
Chart 6: Crown Court: source of committals for trial
Magistrates' direction: These are either way proceedings which the magistrates thought were serious enough to call for trial in the Crown Court;
Defendants' elections: these are either way proceedings in which the defendant chose Crown Court trial;
Indictable only: these are more serious cases which can only be tried in the Crown Court.
| Description | 2003-04 | % | 2004-05 | % | 2005-06 | % |
|---|---|---|---|---|---|---|
| Magistrates' directions | 41,997 | 44.1 | 49,355 | 54.3 | 49,330 | 54.8 |
| Defendants' elections | 13,037 | 13.7 | 5,045 | 5.6 | 5,025 | 5.6 |
| Indictable only | 40,200 | 42.2 | 36,490 | 40.1 | 35,626 | 39.6 |
| Total | 95,234 | 90,890 | 89,981 |
Indictable only cases represented 39.6% of the total compared with only 18.2% in 1991-92.
Chart 7: Crown Court: case outcomes
Cases against defendants committed for trial in the Crown Court can be completed in several ways:
Judge ordered acquittals: These are cases where problems are identified after a case is committed or sent to the Crown Court. The prosecution offers no evidence, and the judge orders a formal acquittal of the defendant. These include cases where an evidential deficiency has been identified, where the defendant has serious medical problems; or has already been dealt with for other offences; or when witnesses are missing. Cases sent to the Crown Court under s51 Crime and Disorder Act 1998 and subsequently discontinued are also included in this total. Also included are cases in which charges do not proceed to a trial, and the defendant is bound over to keep the peace;
Warrants etc: when the prosecution cannot proceed because the defendant fails to attend court and a Bench Warrant has been issued for his or her arrest; or the defendant has died; or is found unfit to plead. If the police trace a missing defendant, then proceedings can continue;
Judge directed acquittals: these are cases where, at the close of the prosecution case against the defendant, a successful submission of 'no case' or 'unsafe' is made on behalf of the defendant, and the judge directs an acquittal rather than allow the case to be determined by the jury;
Acquittals after trial: when the defendant pleads not guilty and, following a trial, is acquitted by the jury;
Guilty pleas: where the defendant pleads guilty;
Convictions after trial: cases in which the defendant pleads not guilty but, following a trial, is convicted by the jury.
| Description | 2003-04 | % | 2004-05 | % | 2005-06 | % |
|---|---|---|---|---|---|---|
| Judge ordered acquittals (including bind overs) | 14,358 | 14.7 | 13,430 | 14.2 | 12,389 | 13.2 |
| Warrants etc | 2,171 | 2.2 | 1,635 | 1.7 | 1,505 | 1.6 |
| Judge directed acquittals | 1,538 | 1.6 | 1,883 | 2.0 | 1,555 | 1.7 |
| Acquittals after trial | 6,652 | 6.8 | 5,976 | 6.3 | 5,927 | 6.3 |
| Guilty pleas | 59,537 | 61.1 | 58,222 | 61.5 | 60,252 | 64.3 |
| Convictions after trial | 13,119 | 13.5 | 13,591 | 14.3 | 12,099 | 12.9 |
| Total | 97,375 | 94,737 | 93,727 |
Convictions rose to 77.2% of all outcomes compared with 75.8% in 2004-05, while unsuccessful outcomes fell to 22.8% compared with 24.2% in 2004-05.
The above figures include acquittals following a mix of guilty and not guilty pleas where a trial has ensued, as well as those in which the defendant pleaded not guilty to all counts on the indictment.
Agent Usage
The proportion of half day sessions in magistrates' courts covered by lawyers in private practice acting as agents during 2005-06 was 22.8% compared with 26.9% in 2004-05.
