Strengthening the Prosecution Process
Charging
Statutory Charging, which gives responsibility to the CPS for deciding the charge in all but the most minor criminal cases, has been operational across all 42 Areas since 3 April 2006. CPS Direct, the out-of-hours telephone service, which allows experienced prosecutors to work from home to provide police with charging advice throughout the night and at weekends, continues to support the Charging arrangements.
Following the rollout of the Statutory Charging programme, post-implementation reviews of Charging schemes were conducted to ensure that effective procedures were in place and the anticipated benefits were being met. These were completed across all Areas by December 2006.
Work commenced in early 2007 to develop and test the provision of out-of-hours, face-to-face, Charging coverage with a view to implementation where appropriate in Areas during 2007-08.
The Charging arrangements are already delivering considerable benefits. Prosecutors work closely with the police to build robust cases for prosecution that help to bring more offences to justice, increase the number of guilty pleas and reduce the number of cases that are discontinued. Figures for March 2007 show an increase in the guilty pleas rate from 40% to 71% in the magistrates' courts whilst the discontinuance rate in the magistrates' courts has fallen from 36% to 15%.
CPS Direct
CPS Direct is a virtual CPS Area. Prosecutors work from home offices to make charging decisions on cases referred to the CPS outside the normal 9am to 5pm working hours in the working week, and throughout bank holidays and weekends. More than 130 prosecutors work from home offices, and in 2006-07 they took 183,034 calls from the constabularies of England and Wales, and provided 127,911 advices and charging decisions to the police.
Advocacy
The CPS continues to enhance its ability to provide its own, in-house, value for money, high quality advocacy in all courts. In 2006-07, the value of counsel fee savings generated by HCAs (Higher Court Advocates) was £9.62 million (exc VAT), equating to 11% of the total Crown Court GFS (Graduated Fee Scheme) advocacy value. This was a significant increase compared to the 2005-06 year, when the value of HCA generated counsel fee savings was £4.65 million (exc VAT), equating to 6% of the total Crown Court GFS advocacy value. For the 2006-07 year, the number of cases listed for trial recorded as being covered by HCAs, was 2,872. The equivalent figure for 2005-06 was 955.
At 31 March 2007, the number of HCAs has increased from 604 (March 2006) to 838 (full-time equivalent). The increase is made up of lawyers from the CPS who have qualified as HCAs and a number of direct recruits from the self-employed Bar and solicitor higher court advocates, who bring significant Crown Court trial experience into the organisation. In addition CPS London has recruited three specialist Rape Advocates who will deal with rape and serious sexual offence cases from start to finish, from deciding the charge, through reviewing the case to prosecuting at trial in the Crown Court.
DCWs (Designated Case Workers) in all 42 Areas are able to prosecute most non-contested matters in magistrates' courts. Since their powers were extended in January 2006 their remit has included contested bail matters and Pretrial Reviews. They can also deal with certain non-contentious matters in the youth court. For the 2006-07 year, DCWs dealt with 14.7% of magistrates' courts sessions. This was a significant increase on the corresponding figure for 2005-06, which was 10.7%.
Case Study
The CPS achieved a first during the year by completing its first ever in-house prosecution of a murder trial. The case was dealt with by CPS Hertfordshire senior crown prosecutor and HCA, Ann Evans, who was lead counsel, with HCA Sally Mealing-Mcleod acting as junior counsel.
HCAs Sally Mealing-Mcleod and Ann Evans
The complicated case involved the tragic killing of 17-year-old David Paine, when he got involved in a fight with his friend, Christopher Ball, at a party. The jury was told that the dispute, which happened at Ball's family home in Stevenage, occurred because David did not like the way Ball treated his girlfriend.
Because of the sad circumstances surrounding this crime, the prosecution team recognised the need for high standards of support for witnesses and for the victim's family. Each day throughout the trial, Ann or Sally met the victim's family to explain what was happening.
When explaining the advantages of having an in-house prosecution team, Ann said: "Being in direct email communication with the police officers in the case made changes or requests run very efficiently. Having junior counsel at the next desk to me really contributed to me feeling in control, and I was able to make sure things were in proper order before going to court."
At St Albans Crown Court, Ball was convicted of murder and sentenced to life imprisonment with a minimum term of 10 years' imprisonment.
Case Study
Operation Phoenix was the biggest drugs operation ever mounted by Hampshire police. Executed in October 2005, undercover officers infiltrated key supply networks, posing as buyers to identify those behind the supply of class A drugs in the city. Over 12 months they were able to identify key players and supply routes and, as a result, target key individuals in the raids to maximise the disruption to the supply chain. Dawn raids saw 50 addresses targeted in Southampton, Birmingham and London, with 69 defendants apprehended.
HCA James Kellam, who was lead prosecutor for the operation, appeared at almost every hearing against every defendant, including the only trial that followed the operation (as junior counsel). At that trial, three defendants were convicted and one acquitted. Of the other defendants, 63 pleaded guilty and two had charges dropped due to public interest considerations.
Key to the convictions was the involvement of the CPS at the very beginning of the operation, when potential pitfalls were identified and dealt with before any arrests were made. In his remarks in court, Judge Christopher Leigh QC commented: "There were no challenges to the legality of the operation, and the evidence was gathered in such a way that there really was no alternative for those caught but to plead guilty." He added that he would also like to commend everyone involved in bringing these offenders to justice. "The careful planning and professional way in which it was carried out is proved by the fact that nearly every defendant pleaded guilty."
Case Study
CPS London DCW Varinder Hayre has been commended for her work on a case that led to more than 12,000 motorists facing fines for exceeding the 20mph speed limit on Tower Bridge.
Varinder Hayre, CPS London
The original fines were challenged by six taxi drivers, who were backed by the Licensed Taxi Drivers Association. This led to all summonses for speeding on the bridge being postponed until the case was resolved.
Having lost the appeal at Marylebone Magistrates' Court, the drivers appealed to the High Court. Varinder, from the City of London Team, dealt with the test case involving the legality of the signs, working with Borough Crown Prosecutor Lorna Burns and counsel. In February 2007 the High Court dismissed the appeal.
In a letter, Chief Inspector Stephen Smith thanked Varinder on behalf of City of London Police Commissioner Mike Bowron and, following the ruling, said: "The comments of the judiciary and successful result clearly demonstrate the professionalism of all parties involved in the prosecution case."
Strengthening Prosecution of Serious, Sensitive and Complex Crime
The three CPS Central Casework Divisions - Organised Crime, Counter Terrorism and Special Crime - have continued to drive up the organisation's capacity and capability to deal with the most serious and complex crime. A further five Senior Crown Advocates and 16 lawyers have been recruited to these Divisions. Cross-CJS training has been carried out and improved liaison with the Attorney General's Office (AGO), Areas, Serious Organised Crime Agency (SOCA), and CJS partners has strengthened working relationships and the criminal justice response to these types of crime. The SOCA infrastructure project made provision for Central Casework, in London, Birmingham and York, to have access to the confidential xGSI network and also to provide them with a confidential version of the CMS application, totally separate from the CMS accessed by other CPS users. xGSI and xCMS went live as planned on 20 October 2006.
Case Study
On 11 June 2005, Hayley Richards, who was three months pregnant, was found dead in her home in Trowbridge with her throat cut. Her boyfriend, Hugo Quintas, quickly became the main suspect, but he had fled to Portugal. On 13 June, prosecutor Rob Welling, CPS Thames Valley, began advising the police on a number of sensitive issues, including providing clear instructions to negotiators who were speaking with Quintas to encourage him to return to the UK. Working with Alison Riley of Special Crime Division, Rob prepared a European Arrest Warrant, which was issued when it became clear that Quintas would not return to the UK voluntarily. Rob continued this work, writing several Letters of Request to Portugal and Spain, where Quintas had moved to. Rob also advised the police on issuing a photograph of Quintas, and information to be released to the press to ensure the evidence of witnesses was not prejudiced. On 21 June, Quintas was arrested in Spain and returned to the UK eight days later. On 29 March 2006, following a two-week trial at Bristol Crown Court, Quintas was convicted of murder and sentenced to life imprisonment.
Rob Welling was commended by the police for his advice at all stages of the investigation.
Case Study
Patrick Stevens, Counter Terrorism Division
In October 2006, Dhiren Barot admitted conspiracy to murder following a plan to detonate a dirty bomb and launch an attack on London's Tube. The charge of conspiracy to murder covered a four-year period and included a wide range of criminal activity, involving plans for attacks in the UK and attacks on buildings in the USA, including the International Monetary Fund and World Bank buildings, Washington; the New York Stock Exchange and Citigroup buildings, New York; and the Prudential Building, Newark, New Jersey.
Crown Prosecutor Patrick Stevens and caseworkers Jacqueline Lawrence and Gus Abrol worked closely with police to analyse the vast quantity of material involved in the case. Patrick said: "Barot's plea of guilty is a result of the tireless dedication of the police Counter Terrorist Command, the CPS Counter Terrorism Division, and counsel. For more than two years we have worked exhaustively in co-operation with the security and intelligence agencies, and international colleagues, to present a case that ultimately proved unanswerable. I would like to give thanks to all involved for that effort." On 7 November 2006 at Woolwich Crown Court, Barot was sentenced to life imprisonment with a recommendation of 40 years.
Area Restructuring
Following the refocusing of the Home Office's plans for police reform, the CPS continued consultation within the Service, as well as with Ministers and external stakeholders, to decide the best way in which the Service should be structured to meet the challenges of the future, particularly improving resilience to deal with the most serious casework. This resulted in agreement to retain the current 42 Area structure and create 14 Area groups to oversee some common areas of work. The Groups will have a specific remit to deliver measurable improvements across a range of functions. Each Area Group will contain a Complex Casework Unit, handling the complex casework for the Areas, improving the CPS response to this type of crime. Each Group will also have a Group Secretariat that will deliver essential support and administrative services to the Areas within the Group. It is intended to implement this structure during 2007-08.
International Crime
The CPS has continued to improve its work in the international arena. The Service has maintained its work with Eurojust to agree individual case strategies and wider thematic approaches to crimes and criminality that cross two or more EU jurisdictions and/or involve third Party (non-EU) States. The CPS has used the European Judicial Network (EJN) to encourage early, direct liaison between prosecutors to advance individual case issues and provide quick advice as to an individual State's practice and procedure. The CPS has also established better links with international legislative bodies to influence the direction of emerging decisions and directives.
Case Study
A CPS London Crown Advocate spent 10 days of his free time in Pakistan training lawyers to represent children detained in the country's police stations.
CPS London's Travers Sinanan, right, with fellow trainer Shiraz Aziz, barrister at Mitre House Chambers
Travers Sinanan was among four trainers who ran workshops in Lahore and Karachi earlier this year (January and February). Under the project, funded by the EU Initiative for Democracy and Human Rights and supported by the British Pakistan Law Council, Travers and his colleagues trained 70 Pakistani lawyers.
One of the aims was to encourage them to undertake pro bono work attending police stations to represent people in custody, especially children.
Said Travers: "Children make up 49% of Pakistan's population and the country's legislation specifically caters for and preserves the rights of children. This is not, however, always adhered to by either police or the courts. I have a vivid memory of the harsh conditions faced by people - some as young as 10 - in custody."
Case Study
Nick Vamos, Liaison Prosecutor, Washington DC
European Liaison Magistrates are managed by the Organised Crime Division and are based at the Ministries of Justice in Rome, Paris and Madrid. Nick Vamos took up his post as a Liaison Prosecutor (which is a similar role to that of a Liaison Magistrate) in March 2007. He will act as a link between the UK and the USA, resolving difficulties in the area of mutual legal assistance caused by the differing legal systems, and building relationships with US colleagues in order to enhance our ability to investigate and prosecute trans-national and cross-border crime.
Terry Palfrey, the Liaison Magistrate's line manager, said: "The Liaison Magistrates do not just represent the CPS, but work on behalf of other UK prosecuting authorities including the Serious Fraud Office (SFO), Revenue and Customs Prosecutions Office (RCPO) and the Crown Office in Scotland, especially in relation to mutual legal assistance requests, European Arrest Warrants and extradition cases involving the USA."
Case Study
In 2004, during a visit by the Attorney General to Serbia, the Serbian need for assistance in training to deal with cyber crime was highlighted. As a result, the CPS, in partnership with SOCA e-Crime [ Note: Formerly the National Hi-Tech Crime Unit.], delivered two cyber crime training courses in Serbia and a senior Serbian prosecutor has attended a CPS high-tech training course in the United Kingdom. Following this initiative, Serbian investigators are now seeking to comply with the Association of Chief Police Officers' (ACPO) guidance on the gathering of computer evidence, and are setting up a police high-tech crime unit similar to the UK's former National Hi-Tech Crime Unit.
In January 2007, the CPS hosted a highly successful four-day study visit to the UK by eight Serbian cyber crime experts. The Serbian delegation included senior Judges, the Assistant to the Minister of Justice, senior police officers and prosecutors. The study visit enabled the Serbians to gain first-hand experience of how cyber crime cases are investigated and prosecuted in the UK.
CJSSS
Criminal Justice: Simple, Speedy, Summary (CJSSS) as its name implies is a cross-CJS programme that aims to simplify and speed up the administration of justice for a high volume of magistrates' courts cases. CJSSS examines processes to ensure they are efficient, effective and proportionate. The CPS has contributed fully to this work, also reviewing its own internal processes and structures to look for further improvements.
In 2006, CJSSS tested new streamlined processes in magistrates' courts in London, West Midlands and Cumbria. The aims were a reduction in hearings from five or six in a typical case to one for guilty pleas and two for trials, and for the majority of cases to be dealt with from charge to disposal within six weeks. The three objectives flowing from these aims were:
- To achieve effective first hearings so that, where defendants plead guilty, they are dealt with on the same day;
- Where defendants plead not guilty, the case will proceed to trial at the next hearing; and
- Improvements in case progression to eliminate unnecessary hearings and ensure cases proceed on the date ordered.
Following positive results at the pilot sites, the magistrates' courts streamlining activity will be rolled out nationally during the remainder of 2007 in a programme led by the OCJR. Further reforms to the Crown Court process are also being developed.
Conditional Cautioning
Conditional Cautions were established by the Criminal Justice Act 2003. In appropriate cases, they can be used as a means to divert from court those whose offending is serious enough to warrant prosecution, but who are prepared to admit their offence and agree to undertake rehabilitative or reparative activities as a condition of being cautioned. The decision whether or not to offer a Conditional Caution can only be taken by a prosecutor.
Conditional Cautions can work well alongside community and neighbourhood policing schemes and help to increase community and victim confidence in achieving a just and appropriate outcome quickly.
Following rollout to the seven early implementation Areas, Conditional Cautioning is now being introduced in at least one police Basic Command Unit (which tend to be aligned with CPS units) across all other Areas by June 2007, with full coverage by March 2008. Rollout is to be implemented using a phased approach. As at 31 March 2007, approximately 2,091 Conditional Cautions had been issued nationally.
Pre-trial Interviews
In January 2006, four CPS Areas - Cumbria, Lancashire, Greater Manchester and Merseyside - began piloting arrangements whereby prosecutors may, in appropriate cases, conduct a witness interview pre-trial (or pre-charge) in order to clarify or assess the reliability of a witness's evidence. An interview may also be held to assist the prosecutor in understanding complex evidence.
At the end of the pilots on 19 January 2007, 52 pre-trial witness interviews had been held. The pilots have been externally evaluated and a decision will be taken on further rollout when the report findings have been considered.
Robert Marshall, CCP CPS Lancashire
Historically, prosecutors have not been allowed to interview witnesses about their evidence before trial. This meant that prosecutors had to make their decisions on the strength of a witness's written statement and a police officer's assessment of how the witness would come across in court. Lancashire CCP, Robert Marshall, who oversaw the pre-trial interview pilot, said: "The pilot allowed prosecutors to meet witnesses and assess their evidence at first hand. This proved immensely helpful to both prosecutors and witnesses, particularly in difficult cases such as rape. The specially-trained prosecutors who conducted the interviews were understandably nervous about this new and sensitive area of work, but their confidence and enthusiasm grew dramatically as the pilot progressed. Although the official pilot has ended, prosecutors are continuing to interview witnesses in serious or sensitive cases."
