Improving performance in the magistrates' courts
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, as well as CPS London, was operating the magistrates' courts OBM; 40 Areas were fully operating the OBM by the end of September 2008. Work will continue with the two remaining Areas during 2009-10. Ongoing reviews and support for Areas will continue to take place.
Once an Area has been operating OBM successfully for three months, it is assessed against a formal sign-off procedure to ensure it is meeting the required OBM criteria. Standard sign-offs are then scheduled every week until all sites are signed-off by 31 December 2009. Post sign-off reviews are scheduled for three months after Areas have achieved sign-off in order to maintain performance and identify further improvements.
Early success with the OBM in the magistrates' courts has led the CPS to consider adopting OBM principles in the Crown Court. This work began in June 2008, with a view to piloting a model (or models) by late summer 2009. There are currently six options being tested in pilot sites in conjunction with the introduction of the new Paralegal Career Family structure (see page 32).
CJSSS
Criminal Justice: Simple Speedy, Summary (CJSSS), is a cross-agency programme of work that aims to ensure that volume magistrates' court cases are dealt with and managed simply and swiftly, in a manner that is efficient, effective and proportionate.
CJSSS has two key ambitions to achieve over time:
- The reduction in the number of hearings in most magistrates' court cases to one for guilty plea cases and two for not-guilty cases; and
- For the majority of simple cases to take an average of between one day and six weeks from charge to disposal.
CJSSS was successfully rolled out across the magistrates' courts in 2007-08, and across the Youth Court during 2008-09. Performance is measured using data from the quarterly survey of "Time Intervals for Criminal Proceedings in Magistrates' Courts".
Streamlined Process
To support CJSSS and to reduce bureaucracy, the Streamlined Process (SP) was developed by the CPS and the Association of Chief Police Officers (ACPO). It provides a more streamlined prosecution file for processing straightforward volume guilty plea cases suitable for sentencing in the magistrates' courts. It also produces a file sufficient for the first hearing in more complex cases, or those likely to be contested, to enable the court to make effective case management decisions in support of CJSSS
Successful implementation of SP will result in:
- A reduction in police officer and administrative staff time taken to prepare a prosecution file;
- Little or no detrimental impact on the guilty plea rate at first hearing; and
- Little or no increase in the number of adjournments before trial.
Streamlined Process was tested in seven CJ Areas (or parts of) during 2008. Findings from a review of the test sites at the halfway stage of the tests showed that there were no significant flaws in the process and no detrimental impact on CJSSS performance data.
As a result of the findings in this report, the National Criminal Justice Board set out its expectation that SP should be implemented in all Areas by June 2009.
Conditional cautioning
Conditional cautions were established by the Criminal Justice Act 2003. In appropriate cases, they can be used as a means of diverting 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.
Since their introduction in 2005 (full rollout was on 31 March 2008), 15,384 conditional cautions have been issued nationally.
Following the rollout of conditional cautioning across all Areas, a series of post-implementation reviews (PIRs) for conditional cautioning were undertaken in Areas during 2008-09. These reviews found that, as well as identifying a number of examples of good practice, in some Areas the scheme was not yet fully embedded into the overall criminal justice process. Work will continue during 2009-10 to finalise the integration of conditional cautioning.
The Police and Justice Act 2006 allowed for the introduction of punitive conditional cautions. In addition, the Criminal Justice and Immigration Act 2008 allowed for conditional cautions to be issued to youth offenders. Subject to parliamentary approval, it is intended that pilots for both youth conditional cautions and adult punitive conditional cautions will begin in a number of Areas, from summer 2009.
