Strengthening the Prosecution Process
Charging
Statutory Charging, which gives responsibility to the CPS for deciding the charge for all but the most minor criminal cases, has been operational across all 42 Areas since 3 April 2006. CPS Direct (see below) continues to support the charging arrangements.
Following the completion of post-implementation reviews in 2006, further work was undertaken to ensure effective Charging and monitoring arrangements were in place to realise the benefits. As a result of this work, local joint CPS and police protocols have been signed at Chief Officer level, which set out the expected levels of service each will provide in respect of Statutory Charging.
The provision of out-of-hours face-to-face Charging coverage continues in two test Areas, and the CPS and the Association of Chief Police Officers (ACPO) are continuing to explore and develop innovative ways of strengthening the provision of charging advice and delivering out-of-hours services.
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 2008 show an increase in the guilty plea rate from 40% to 74% in the magistrates' courts whilst the discontinuance rate in the magistrates' courts has fallen from 36% to 13% with the rate of attrition falling from 40% to 19.2%.
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 provide a 24-hour service throughout public holidays and weekends.
In 2006/07, prosecutors working for CPS Direct had taken 183,034 calls from the constabularies of England and Wales, and had provided 127,911 advices to the police. The corresponding figures for the year 2007/08 were 171,426 calls and 135,816 advices, an increase in the number of advices of 6.2% over the previous year.
CPS Direct takes 500,000 calls – July 2007
Chief Crown Prosecutor for CPS Direct, Barry Hughes
CPS Direct set up to provide the police with out-of-hours charging decisions, reached its half-million milestone in July 2007, having responded to in excess of 500,000 requests for legal advice from police officers in England and Wales.
The then CCP (Chief Crown Prosecutor) for CPS Direct, Barry Hughes said:
"In passing the milestone of half a million calls, CPS Direct prosecutors have been able to play a major part in improving the way that the CPS works with the police around the clock to deal with criminals both effectively and robustly. I was delighted to see that in the recent Cabinet Office Capability Review of the CPS, CPS Direct was highlighted as a 'significant success' for the Service.
"CPS Direct has over 130 lawyers who make over 10,000 charging decisions every month. Over 90% of police officers who call CPS Direct are connected to a prosecutor within one minute.
"This early, professional legal advice enables the strongest possible case to be built and ensures offenders are charged with the right offences before the case comes to court. By working more closely together, the CPS and the police make the best of our respective skills and ensure that more criminals are brought to book."
The half-millionth call involved an offence of domestic violence. Domestic violence incidents, which often occur at night and weekends, form a large part of CPS Direct's workload. In 2007/08 nearly a quarter of calls to CPS Direct related to domestic violence incidents; over the same period CPS Direct advised on 45% of all domestic violence related cases nationally.
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.
Following rollout to the seven early implementation Areas, national rollout of Conditional Cautioning commenced in April 2006. Rollout was implemented using a phased approach and Conditional Cautioning was introduced in at least one police Basic Command Unit (which tend to be aligned with CPS units) across 41 Areas by June 2007. Full coverage across all Areas was completed on schedule by the end of March 2008. As of March 2008, 7,006 conditional cautions had been issued nationally.
Advocacy
Effective in-house advocacy allows the CPS to provide the public with an enhanced level of service. Increased continuity of case ownership enables CPS advocates to demonstrate to victims and witnesses that they have an in-depth knowledge of their case. They can also provide the highest standards of support to victims and witnesses, as a consequence of their familiarity with their responsibilities under the wide range of CPS policy statements, such as the Victims’ Code, the Prosecutor's Pledge, and the Policy for Prosecuting Cases of Rape.
The CPS continues to increase its own in-house high quality advocacy in all courts. In the 12 months to 31 March 2008, the number of HCAs (now known as Crown Advocates) has increased from 838 to 945 (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 2007/08, the value of counsel fee savings generated by HCAs was £17.1m (excluding VAT), equating to 16.4% of the total Crown Court GFS advocacy value. This was a significant increase compared to the 2006/07 year, when the value of HCA generated counsel fee savings was £9.6 million (exc VAT), equating to 11% of the total Crown Court GFS advocacy value. This reflects the increase in the volume and range of cases now being dealt with by in-house advocates. For example, the number of cases listed for trial recorded as being covered by HCAs has increased significantly from 2,872 in 2006/07 to 6,083 in 2007/08.
Associate prosecutors are now able to prosecute most straightforward non-contested matters in the magistrates' courts in all 42 CPS Areas. In 2007/08, associate prosecutors dealt with 20.4% of magistrates' courts' sessions. This was a significant increase on the figure of 14.7% for 2006/07. As well as providing high quality advocacy, the deployment of associate prosecutors has also freed up lawyers to deal with more complex cases, case preparation, and trial advocacy in both the magistrates' courts and the Crown Court.
A Specialist Rape Advocate has also been appointed in Hampshire and the Isle of Wight. The Advocate joined the Area in November 2007 and as well as conducting rape trials, has also delivered specialist rape training to assist the development of other HCA colleagues. Three additional Specialist Rape Advocates continue to operate in CPS London. These specialists deal with rape and serious sexual offence cases from start to finish - from deciding on the charge, through reviewing the case, to conducting the trial in the Crown Court.
Case Study
Graham Reeds, CPS Organised Crime Division Principal Crown Advocate
A case which saw eight defendants involved in an international drug ring convicted and sentenced to a total of 112 years was prosecuted solely in-house.
CPS Organised Crime Division Principal Crown Advocate, Graham Reeds, was counsel on the case, which was the first case he undertook on joining the Service from the Bar in May 2006.
"The case involved eight defendants, four of whom were foreign nationals, and a journey which started in Brazil and ended off the coast of Ireland, with a yacht intercepted by Customs officers and found to contain 90kg of cocaine," said Graham.
"The evidence had to be collated and presented quickly in time for the first hearing at the Crown Court in order to demonstrate to the accused that there was no answer to the evidence except to plead guilty.
"Four of the accused did this at the first hearing, including the main organiser. A fifth pleaded guilty later when he realised how powerful the evidence against him was.
A further two defendants pleased guilty after attempts to derail the trial failed, with the final defendant Paul Jorgenson being found guilty after a seven-day trial. The jury took just two hours to return a unanimous verdict.
At Preston Crown Court, defendants Lee Morgan and Johan Ranft were each jailed for 16 years. Erwin Kapitein and his girlfriend Odezia de Silva, and Ranft's brother Gerhardus, were jailed for 13, 11½ and 12 years respectively. James Downie and Paul Jorgenson were both sentenced to 15 years, and finally Stephen Hegarty was jailed for 13½ years.
At the end of the trial, the 45 foot hunter yacht which had carried the cocaine was seized and forfeited to the Serious and Organised Crime Agency (SOCA) for the purposes of fighting organised crime.
The main organiser, Lee Morgan, is now the subject of a financial reporting order for the next 14 years. "He was a career criminal. When he is released, he will always be required to account immediately for any obvious wealth he is found in possession of. Failure to do so will result in it being removed and he may also be prosecuted."
Case Study
Ann Evans and Peter Shaw, the first CPS in-house team to prosecute a murder trial at the Central Criminal Court, the Old Bailey
In August 2007, Ann Evans and Peter Shaw became the first CPS in-house team to prosecute a murder trial at the Central Criminal Court, the Old Bailey. They faced a formidable defence team including five QCs.
The main defendant, 16 year old Lloyd Anderson-Burrows, was sentenced to be detained at Her Majesty's pleasure with a minimum recommendation he serve 11 years for the murder of Hemel Hempstead dad, Steven Jeeves.
During the trial, which lasted 40 days, the jury was told how Steven and his stepson, John Jeeves, became involved in a feud between their friend Richard Archer and the six defendants. Steven had been attempting to break up the fight and was instead beaten by the defendants and finally fatally stabbed in the chest by Anderson-Burrows.
Defendants Shingira Maenzanise got two years and three months for violent disorder and Lloyd Anderson-Burrows two older brothers, Isher and Izra Campbell were sentenced to two and a half years imprisonment for violent disorder, while Anderson-Burrows's mother, Angela Burrows, was sentenced to six years after driving the defendants to the scene of the crime and then trying to run over Richard Archer as Steven lay dying on the ground.
"The case, of course, was really challenging, but fortunately I was given the time to prepare for it properly. This meant that, when I went into court, I knew I was ready for anything," said Ann.
On the subsequent conviction and sentencing, Ann added:
"I am very pleased with the outcome. I believe that justice has been done."Optimum Business Model
The Optimum Business Model (OBM) was created in response to comments by the National Audit Office (NAO) in relation to CPS efficiency in the magistrates' courts. The aim of the project was to review and identify best practice to improve the efficiency and effectiveness of the magistrates' courts processes and procedures.
The desired outcome of the OBM is to produce a framework of tested structures, roles and processes which will drive operational efficiency improvements as part of a continuous improvement cycle across CPS Areas. The recommendations within the model have been developed in conjunction with operational staff and continue to evolve.
At the end of March 2008, one Area in each of the 14 Groups and CPS London was operating the OBM and all Areas will be operating the OBM by the end of September 2008. Ongoing reviews and support for Areas will continue after this date, together with the project team seeking to continually improve the model and share best practice with Areas.
Early success with the OBM in the magistrates' courts has created a desire within the CPS to consider adopting OBM principles into the Crown Court. This work commenced in June 2008 with a view to piloting a model (or models) by late summer.
The CPS Board held its first meeting outside London in April 2008. As part of a programme of activities to raise awareness of the Board's role across the Service, Board members travelled to the Cowley offices of CPS Thames Valley where they met a number of staff, from Thames Valley, Bedfordshire and Hertfordshire.
The members of the Board enjoyed an informal lunch with staff, taking the opportunity to talk to them about their day-to-day work and responsibilities. It also gave staff the chance to quiz Board members about what they do. Caseworker Ian Ruth spoke to John Graham, Finance Director and Chief Executive Peter Lewis:
"It was good to be able to meet the members of the Board. I thought that it might be difficult to talk to them, but after being introduced, I found them very down to earth and relaxed. They seemed genuinely interested in my experiences."
CPS Thames Valley was chosen to host the Board’s first 'away meeting' because of their success in piloting the OBM.
"I'm proud of the work that you have done, and you should be too. It's important not just to Thames Valley but to the entire Service – making our core business in the magistrates' courts more effective and efficient, and enabling us to deliver a better service to the public," the Director told staff.
After lunch the Board went to look at the OBM Proactive Case Progression Team, affectionately known as the 'pod', where Unit Heads Christopher Thompson and Helen Draycott explained how it works in practice.
Christopher added,
"OBM has seen the time taken to complete the review on receipt of the full file fall from 22 days to 3 days. The volume of correspondence has reduced dramatically because our improved performance in the time taken to provide responses has broken the chain of serial chaser letters.
"The Board's visit was a very welcome opportunity to highlight the successes that we have been able to achieve through OBM."
Tackling Serious, Organised and Specialist Crime
The three CPS Central Casework Divisions – Organised Crime, Counter Terrorism and Special Crime - have continued to drive up the Service's capacity and capability to deal with the most serious and complex crime.
The Organised Crime Division (OCD) deals with work arising from SOCA. In the last year, this has included cases and operations targeting organised crime groups involved in importation or trafficking of drugs, guns, people and/or money, counterfeit currency and fraud. It has also been closely involved with CPS and CJS partners in policy and legislative development of initiatives in the organised crime area. The Confiscation Unit of OCD continues to restrain and confiscate assets from major criminals both on behalf of the CPS and foreign governments to great effect. The division also liaises with and often trains prosecutors across the world, and Liaison Magistrates, who are part of OCD.
The CPS has strengthened its response to terrorism further by increasing its resources within the Counter Terrorism Division (CTD) where staffing numbers have been increased by almost 30% over the last 12 months. This has included increasing capacity to deal with cases from both the Counter Terrorism Command in the Metropolitan Police and the three Counter Terrorism Units around the country. The CTD has also provided training and guidance on a range of issues including tackling violent extremism.
The Special Crime Division (SCD) has been involved in a number of high profile cases throughout the year and trained Areas/Groups to take on work including obtaining European Arrest Warrants and medical manslaughter cases. The SCD has also taken on responsibility for Domestic Extremism (particularly Animal Rights Extremism (ARE)). SCD liaises closely with CJS partners and Area coordinators to ensure that the CPS response to ARE issues supports the government's strategy. Additionally, SCD continues to deal with an ever increasing extradition export portfolio.
Case Study
Colin Norris, a nurse responsible for the care of elderley patients, was found guilty of the murder of four of his patients and the attempted murder of another in March 2007. Ethel Hall, Doris Ludlam, Bridget Bourke and Irene Crookes all died at the hands of Norris, with Vera Wilby surviving an attempt on her life.
At the time he committed these offences in 2002, Norris was a nurse at Leeds General Infirmary and St James Hospital Leeds.
The jury's verdict represented the culmination of more than five years of close work between SCD and the murder investigation team of West Yorkshire Police. Norris was sentenced at Newcastle Crown Court to a minimum of 30 years in prison.
Commenting on the verdict, David Scutt, the CPS reviewing lawyer said:
"Colin Norris preyed on his patients at a time when they were at their most trusting and most vulnerable. Each was elderly and had undergone major surgery for hip fracture repair; each also had other serious underlying medical problems. His choice of insulin or anti-diabetic agents to poison them showed a degree of careful planning. Our thoughts and sincere condolences go out to the victims and their families at this time."
Lawyer Ian Dawson took up the newly created role as Liaison Magistrate for Pakistan. He joined four CPS prosecutors already working around the world in France, America, Italy and Spain, assisting in the fight against global crime.
Commenting on his appointment Ian said: "I am delighted to have been offered this exciting opportunity. I will be representing the interests of all the prosecution agencies in the UK, not just the CPS, and I hope that I will be able to improve working relationships between criminal justice agencies in the UK and Pakistan."
DPP, Sir Ken Macdonald QC said: "Serious crime knows no borders, and this cadre of international CPS lawyers is vital in helping us to build relationships.
The CPS Liaison Magistrates were established in 2001 and each is a two or three-year posting. The core business is facilitating and advising on matters of mutual legal assistance on behalf of all UK law enforcement agencies. Pamela Hudson in Paris has been heavily involved in connection with the inquest into the death of Diana, Princess of Wales. Both Sally Cullen, OBE (Rome) and Dominic Barry (Spain) have provided invaluable assistance in a number of terrorist related prosecutions, while Nick Vamos has worked closely with his US colleagues to facilitate arrangements for obtaining digital evidence, in particular from US based Internet Service Providers.
Area Restructuring
The Area Restructuring Programme has been designed to enhance the existing 42 Area structure and improve the resilience and effectiveness of the Service so it is better positioned to meet future reforms and challenges. The programme is being implemented in two stages and is on course to meet its targets. The first stage, which was completed in March 2008, put in place the structural foundations. 14 Groups have been formed from bringing together 41 CPS Areas (excluding CPS London) have been established. All Group Chairs are in place and Group Strategy Boards meet regularly to address their remit for improving performance.
By 1 April 2008, each Group had put in place a Complex Casework Unit to deal with the serious and complex casework for the Areas within a Group. This will significantly enhance the CPS's capability to deal with this type of crime and ensure it is well placed to respond to anticipated police developments on serious organised crime. Each Group has also established a core Group Operations Centre which will begin to deliver essential specialist non-legal expertise and support to Areas within a Group.
The transformation stage will run from March 2008 to March 2009 and will focus on ensuring that the new structures are fully operational, and delivering the expected outcomes and benefits.
Casework Quality Assurance
CPS managers routinely assess the quality of casework being produced by operational lawyers by using a sampling and assessment process called Casework Quality Assurance, modelled closely on HM Crown Prosecution Service Inspectorate's inspection methodology. Each month sample case files are examined and tested against a range of standard questions at key stages of the prosecution process. The scheme helps managers to identify casework that fails to meet a satisfactory standard and where further staff training or development are required.
.The scheme has been adopted across the CPS with more than 25,000 files examined each year. The results of the monitoring indicate that a good level of casework quality is being maintained across the Service, with over 94.7% of cases showing a proper application of the Code for Crown Prosecutors, CPS policy and charging standards.
International Crime
The purpose of the International Affairs Division in Policy Directorate is to create a more influential role for the CPS on the international stage.
The Division is responsible for a wide range of policy portfolios, including extradition and mutual legal assistance as well as terrorism, covert policing, intercept and high-tech crime. Policy advisors in the division are responsible for maintaining the Service's legal guidance on these portfolios, responding to Parliamentary Questions and consultation papers and providing briefings for the DPP and the Attorney General.
In relation to engagement with international institutions, the Division aims to maximise the CPS's ability to influence policy at an early stage by ensuring that the service is fully informed about developments emanating from such international institutions as the European Union and Council of Europe. This will result in better legislation that helps to facilitate successful prosecutions and reduce cross-border crime.
The Division has adopted a strategic approach to engaging with priority countries and, as part of that approach, it runs a small number of capacity building projects in targeted countries where the CPS's expertise is of most value. The Division is also responsible for hosting visits by delegations from around the world.
CPS visit to Kabul for anti-corruption conference
Moira Andrews, CPS Head of International Affairs visiting Afghanistan
CPS representatives visited Afghanistan to deliver an anti-corruption conference, held at the Afghan Attorney General's Office in Kabul, in May 2007.
Representing the CPS were Head of International Affairs, Moira Andrews (see picture), Deputy Head of International Affairs, Patrick Stevens, and Special Crime Division Prosecutor, Mark Carroll.
"The conference was a great success," said Moira.
"It tied in practical investigative techniques with wider rule of law considerations, such as the rights of the individual, the need for the highest professional standards, the importance of consistency and for proportionality and demonstrably fair processes that ensure the supremacy of the law."
Mark delivered a training course to 70 participants, providing his insight and experience as a specialist corruption prosecutor.
"The training course aimed to inform the AG and his staff of methods and tactics to prevent, detect and prosecute corruption," he said.
During their stay, Moira and Patrick also had a number of meetings with a variety of UK and international interlocutors, including the UNODC, UNDP and the US Embassy.
"Each supported the anti-corruption project unequivocally, seeing it as an important first step towards the establishment of an effective criminal justice system, at least in Kabul, and therefore something that would undoubtedly have a very positive impact on their own areas of operation," said Patrick.
He continued: "Corruption was acknowledged universally, not only as a major detractor from any attempt to tackle other forms of serious crime such as narcotics, insurgency and terrorism, but also as a barrier to access justice and protection of citizens from the abuse of power by public officials."
The Director has given his full support to ongoing CPS engagement with Afghanistan.
