Crown Prosecution Service Annual Report and Resource Accounts 2011 - 2012

These figures place CPS 3rd across responding departments in terms of HR staff to employees and 4th in terms of cost.

The NGHR Project Team is now carrying out further analysis to determine the actions and best practice across Departments that is driving performance.

New procurement processes have ensured improved cost efficiency and the delivery of savings, in particular on temporary staff, consultancy, recruitment and travel.

Our efficiency plans include the implementation of the CPS's Estates Strategy which will reduce the number of small, uneconomic offices. Consolidation into larger offices will enable more flexible and effective use of resources, reduce costs and help us to achieve our Sustainable Development objectives. Consolidation is being facilitated by the move to digital working which helps achieve economies of scale and overcomes geographic obstacles. Newly negotiated deals are delivering savings in office consumables, facilities management and legal professional services.

T3

During 2010-11 we worked closely with our CJS partners to make the case for digitalisation, not just within the CPS, but across and between CJS agencies. This effort was rewarded when CPS's vision was endorsed by the CJS Operational Board and the Home Secretary, the Lord Chancellor and Secretary of State for Justice, and the Attorney General committed to exchanging information digitally across the CJS by April 2012.

Solid co-operation and support from our CJS partners and the judiciary gave real impetus to work that was already underway and this opened the way to rapid change. With full commitment from our IT partner, Logica, several key targets were achieved or exceeded during 2011-12:

• We are now receiving digital case files from the great majority of police forces;
• Tablet devices have been issued to all CPS prosecutors enabling them to present cases digitally and our prosecutors are routinely prosecuting cases digitally in court;
• Many of our most difficult and lengthy cases are being presented using electronic presentation and preparation of evidence (EPPE);
• Our Witness Care Units are now digital and paper witness care files have been replaced;
• Magistrates' courts have agreed to accept digital service;
• Pilots are operating in two Crown Courts;
• The Court of Appeal, the Administrative Court and the Supreme Court are taking steps to operate digitally;
• National Offender Management System (NOMS) and Youth Offending Teams (YOTS) are preparing to accept digital service and about half of the CPS Areas have a process in place to send files to them digitally;
• HMRC, SOCA, UKBA, DWP and others are now working to digitise their files;
• Counsel who prosecute for us have all now agreed to accept briefs digitally;
• Agreement to serve evidence to defence solicitors electronically is being sought.

These achievements mean that digital working is now delivering real benefits. There have been challenges and there is more to achieve. But the point is fast approaching when digital working will be the only way of working within the criminal justice system.

CPS Appeals Unit

The CPS Appeals Unit was launched by the Director of Public Prosecutions in January 2011 to service the three most senior appellate courts in England and Wales - the Court of Appeal, the Administrative Court and the Supreme Court.

The cases it deals with range greatly in type, size and complexity and involve the practice of specialist civil as well as criminal law and procedure. They are often of high public profile or sensitivity and their outcomes frequently have an impact upon the development of case law and the wider criminal justice system as well as on the lives of the individuals directly involved.

The Unit's role is to: conduct the full range of appeals to the highest standards of quality and efficiency; manage the key relationship with the appellate courts; and identify cases with national policy or procedural implications or which will develop or clarify criminal case law.

In the Court of Appeal (Criminal Division) the Unit has conduct of all appeals against conviction, sentence and a range of other final orders and interlocutory proceedings, as well as responsibility for the progression of Unduly Lenient Sentence (ULS) appeals, working in support of the Attorney General's Office (AGO). In the Administrative Court the Unit conducts all judicial reviews and case stated appeals against final rulings, including reviews of CPS decisions to prosecute or not to prosecute. It also conducts all cases in the Supreme Court to which the CPS is a party.

The Unit now receives around 550 new appeal notifications each month and on 1 January 2012, the Unit had a total caseload of 3,145 live cases.

As well as expert legal decision-making and efficient paralegal support, appellate court cases demand high quality written and oral advocacy. Since April 2011 the Unit’s advocates have appeared in 34 hearings in the Court of Appeal and 15 in the Administrative Court.

The Unit has taken full advantage of the benefits of digital working to drive productivity and timeliness. The Unit works collaboratively with the appellate courts, receiving daily notification from them of all new appeals electronically, while approximately 90% of information between the Court of Appeal and the Unit is served electronically and 90% of briefs are served on counsel by secure email. 66% of the Unit's files are now electronic, and this is due to increase significantly.

The Unit has used its unique position to identify cases and legal issues that require clarification for the benefit of CPS prosecutors and the wider criminal justice system, keeping the Director and the AGO well informed of all such matters on a regular basis.

Core Quality Standards

The Core Quality Standards have been in operation for two years and are now well embedded in the day-to-day work of the service. In order to assure compliance with the standards, approximately 18,000 files are reviewed each year. The results of these assessments are then compared against a basket of key performance measures.

The file review process, known as Core Quality Standards Monitoring (CQSM), requires managers to assess at least six files per month against 34 commitments set out in the Core Quality Standards. These assessments are supplemented by a peer review process where another manager assesses at least 24 files over a two month period. This helps to ensure assessments are consistent and robust across the service. In the 2011-12 financial year, 16,894 files were assessed. Approximately 82% of the commitments in these files were fully met. Of the remainder, 10% were partially met and 8% not met.

CQSM results are further validated against a range of key performance measures drawn from our casework management system and other corporate databases. Other measures have also been selected to monitor performance on efficiency and productivity, violence against women, hate crime and people issues.

The results of both the CQSM assessments and the key performance measures are discussed in quarterly Area Performance Review (APR) meetings chaired by the Chief Operating Officer with Chief Crown Prosecutors and Area Business Managers. These meetings provide an early warning of poor or declining performance. Chief Crown Prosecutors and Area Business Managers are asked to report back to the CPS Board on corrective actions when performance fails to meet the required standard. Area Performance Review also provides a process for identifying and sharing best practice between senior managers across the service.

Charging

During 2011-12 we implemented revised charging arrangements whereby a number of offences were returned to the police to charge. These arrangements came into effect under the DPP's Guidance on Charging (4th edition, January 2011 revised arrangements) and were rolled out nationally on a phased approach by 30 June 2011.

The revised arrangements increase the number of offences which the police are authorised to charge without referral to the CPS. As a consequence, the proportion of police-charged cases during the year ending February 2012 was 68% as compared to 65% during the year ending February 2011. The year ending February 2012 contains several months when some police forces were not working under the revised arrangements and it is expected that figures for next year will show a further increase in the percentage of police-charged cases.

In partnership with ACPO we are also undertaking further pilots in five areas to test whether shoplifting offences where a not guilty plea is anticipated should be charged by the police (police can already charge these offences where a guilty plea is anticipated). The pilots started in September 2011 and will run for up to a year and will be subject to an evaluation before any permanent change is implemented.

Victims and Witnesses

The Crown Prosecution Service (CPS) recognises the important role that victims and witnesses play in the prosecution process and is committed to supporting them in their journey through the criminal justice system (CJS).

In a major development this year, we have extended the service we offer to bereaved families. The CPS Victim Focus Scheme was introduced in 2007 giving bereaved families in qualifying cases heard in the Crown Court the opportunity to meet with the reviewing lawyer shortly after charge. As from December 2011 the scheme, renamed 'Homicide Cases - CPS Service to Bereaved Families', has been extended to include cases involving a death heard in the magistrates' court, cases where there has been an acquittal, and qualifying cases to the Court of Appeal and 'double jeopardy' cases. Under this enhanced scheme, bereaved families are offered meetings with the prosecutor at important stages of the criminal justice process to explain the anticipated progress of the case, what is expected to happen at each court hearing and the possible sentences available for the offences charged. Improvements to the scheme were endorsed by Louise Casey, the Victims' Commissioner at the time of the announcement.

With the support of ACPO, the CPS has tested a revised service to victims and witnesses, focussing the support Witness Care Units (WCUs) give to those victims and witnesses in greatest need. Pilot sites in Wales and the West Midlands have operated a revised set of minimum requirements, whilst at the same time making better use of IT by working with a paperless file. Following a final evaluation in March 2012, we will consider with ACPO whether the scheme should be implemented nationally. To date, witness attendance has continued at the same high levels in the pilot Areas and initial feedback received from victims and witnesses about the new service has been positive.

This targeted approach to victim and witness care is supported by the Ministry of Justice, which has recently published a consultation document 'Getting it right for Victims and Witnesses', setting out Government proposals for revising the support provided to victims and witnesses in the future. The exercise will include a review of the CJS commitments to victims outlined in the Code of Practice for Victims of Crime. The CPS is one of a number of criminal justice agencies which has statutory obligations under the Code.

During the year we have also continued to progress the review of our commitments to victims and witnesses. We are currently finalising a document which sets out the service victims and witnesses can expect from the CPS. We have also improved our guidance to prosecutors on victim and witness issues. Both of these documents will be published during 2012.

The CPS Strategy and Policy Directorate has also undertaken a research project into the use of special measures. Once the report is published, we will consider how we will progress the recommendations made.

In February 2012 Her Majesty's Crown Prosecution Service Inspectorate (HMCPSI) and Her Majesty's Inspectorate of Constabulary (HMIC) published their 'Joint Inspection Report on the Experience of Young Victims and Witnesses in the Criminal Justice System' (the 2012 report). The 2012 report follows on from a wider review of the experiences of all victims and witnesses in the CJS conducted in 2008-09. The 2012 report indicates that only limited progress has been made across the CJS against the recommendations made in the earlier review. We are now considering the action required to address the issues highlighted.

We are currently working with the Ministry of Justice, Home Office, Attorney General's Office, Ministry of Defence and HM Treasury, to agree proposals for a European Union (EU) Directive which will provide victims of crime with minimum standards on their rights, support and protection within the EU.

The aim of the Directive is to ensure that all victims of crime receive appropriate protection and support; are able to participate in criminal proceedings; and are recognised and treated in a respectful, sensitive and professional manner without discrimination of any kind, in all contacts with any public authority, victim support or restorative justice service.

It is anticipated that the Directive will be agreed during 2012-13 and is likely to come into effect in 2014.

Violence Against Women and Girls

Our commitment to further improve performance in cases involving Violence Against Women and Girls (VAWG) continued to be a priority for the CPS during 2011-12, and was reflected in the government-wide Violence Against Women and Girls Action Plans launched in March 2011. All actions were completed within the year and new plans are underway for March 2012, including plans to address domestic violence involving both young offenders and victims, sharing good practice in relation to child sexual exploitation, better supporting and communicating with all VAWG victims and further challenging of myths and stereotypes in the prosecution of rape cases.

From January 2011 Areas were supported in taking on the management of their local performance through the introduction of a VAWG Assurance scheme. Strategic VAWG coordinators supported Areas in reporting actions on local plans to the Chief Operating Officer and Director on a six-monthly basis, on the quality of VAWG prosecutions, including a qualitative assessment of 25% of rape prosecutions. The Annual VAWG Crime Report was published in November 2011 and the Director's visits to all Areas addressing VAWG issues were completed by December 2011. Area good practice was shared in February 2012.

Successful outcomes in VAWG crimes increased in 2011-12. In March 2012 a series of local and national events were held for International Women's Day to help engage women victims and address women offender issues, including prostitution and girls in gangs.

Domestic violence prosecutions were improved by ensuring all new prosecutors completed e-learning by March 2011, and specialist domestic violence court services were maintained following any court closures. Areas were provided with a Directory of VAWG victim support services and guidance on engagement with Black Minority Ethnic (BME) support services. Work began to identify prosecutions for abuse in teenage relationships and stakeholders were consulted on the findings. CPS participated in four roadshows to promote awareness of stalking and plans are underway to develop harassment and cyber-stalking training.

Rape prosecutions improved through the use of 727 trained specialist prosecutors. Guidance on Perverting the Course of Justice in rape and domestic violence cases was issued in July 2011. A new policy was introduced on Human Trafficking in June 2011 and guidance on exploitation of prostitution. Guidance on Female Genital Mutilation was published in September 2011.

Advocacy

In the first of what will become a regular exercise new Advocate Panels were implemented in February 2012. Members were appointed following a fair and open application and assessment process to create Circuit-based and specialist panels of advocates for the CPS to call on over the next three years. The new panels provide confidence to the CPS, members of the public and other participants in the criminal justice system that the advocates being used have been through a rigorous selection and approval process with a clear focus on quality.

The panels, which complement the in-house advocacy resource already available to the CPS, contain about 2,600 barristers and solicitors who have the ability to undertake the highest quality advocacy for the benefit of the CPS and the wider criminal justice system. They replace the old counsel lists which had over 4,500 advocates and provide a greater opportunity to successful applicants to take on prosecution work. They also represent a significant opportunity to the CPS to work more closely with self-employed advocates to secure a better quality of advocacy service overall.

Appointment to the panel at level 1 provides advocates with an opportunity to gain experience of criminal prosecution work, whereas appointment to level 2, 3 or 4 signifies excellence in advocacy, appropriate to that level.

Following a lengthy period of consultation and negotiation with the Bar Council, the CPS implemented new remuneration arrangements for self-employed advocates in March 2012. The new arrangements are simpler and easier to operate than those they replace and they support electronic payment of counsel fees by Procure to Pay (P2P) systems. P2P, which automates and accelerates payments, generates significant savings in administration and is being implemented throughout the CPS following a successful pilot in Greater Manchester and Hertfordshire.

Social and Community Matters

The CPS works in partnership with the other criminal justice agencies to respond to the concerns of local communities. We have a programme of community engagement, both nationally and in our operational Areas, to ensure that we are aware of the priorities of local communities. This commitment is expressed in Core Quality Standard 12 and performance is assessed on a quarterly and annual basis at local and national level.

There is a national Community Accountability Forum, which includes partners from national community organisations, through which we engage, involve and consult on a range of priorities. We have also established a National Scrutiny Panel that scrutinises issues such as hate crime and violence against women.

We have also set up Area Local Involvement and Scrutiny Panels to involve communities in planning, scrutiny and the analysis of local data.

Equal Opportunities

The CPS has a policy of equal opportunities and aims to create and sustain a working environment that is fair to all. Through commitment, action and review, it ensures that employment, training and development opportunities are appropriate to the abilities of the individual regardless of their sex, race, colour, nationality, ethnic or national origins, disability, religion, age, marital status, working pattern, sexual orientation or gender reassignment.

This policy has been jointly agreed and endorsed by the management and trade union sides of the Departmental Whitley Council. Both parties have affirmed their full support for the principle of equality of opportunity, and are determined to ensure that this policy is effectively implemented at all levels of the Service.

The Department's policy is based on the legislation governing equal opportunities and aims to promote equality of opportunity by following both the spirit and the letter of the Equality Act 2010.

The CPS is committed to further progress on equality and diversity in employment and service delivery.

Sickness Absence

There has been a decrease in average working days lost to sickness - down from 9.0 days per employee in the year to December 2010 to 8.4 days in the year to December 2011.

This follows:

• An organisation-wide review of our Attendance Management and Wellbeing Strategy and the roll out of the resultant Strategy during 2011-12;
• A focus on the Top 100 Absence Cases across the organisation;
• The roll out of a programme of Wellbeing workshops which trains line managers to identify and deal with stress cases; and
• The use of mediation to support the informal resolution of disputes.

Payment of Suppliers and Witnesses

The CPS is committed to paying bills in accordance with agreed contractual conditions, or, where no such conditions exist, within 30 days of receipt of goods or services or the presentation of a valid invoice, whichever is the later. The CPS also seeks to pay all expenses to prosecution witnesses within five working days of receipt of a correctly completed claim form.

In 2011-12 the CPS settled 79% of undisputed invoices and staff and witness expense claims with 10 days of receipt. The CPS paid £772.01 in interest due under the Late Payment of Commercial Debts (Interest) Act 1998.

Pension liabilities

Details on the treatment of pension liabilities, including a link to the statements of the relevant schemes and contained in Note 1: Accounting Policies and in the Remuneration Report that forms part of these accounts.

Events after the reporting period

There have been no events after the reporting period that would have a material impact on the financial statements for the year ended 31 March 2012.

Reporting Cycle

The CPS produces a three year Corporate Business strategy and an Annual Business Plan. The Annual Business Plan is submitted by the Chief Executive to the Attorney General in April and sets out the Department's priorities, objectives and annual performance targets. It is the definitive document against which the Department's annual performance is measured.

The CPS's statutory authority to consume resources and spend cash that finances its spending plans comes from the annual Main Estimate which is presented to Parliament, as part of the Supply Procedure, by HM Treasury around the start of the financial year to which the Estimate relates.

Supplementary Estimates are presented as necessary during the year as the means for seeking Parliament's approval to additional resources and/or cash or revisions to the main Estimate.

The Annual Report and Accounts covering the Department's work for the preceding year is published each year. This includes information on the Department’s performance against key performance indicators. Each year the Annual Report and Accounts are audited, published and laid before Parliament as a House of Commons paper.

They may be accessed at www.cps.gov.uk

Auditors

This year's Accounts have been audited by the National Audit Office on behalf of the Comptroller and Auditor General. No further audit services were received aside from that of statutory audit by the NAO.

The cost of audit work was £96,000 for the audit of the CPS 2011-12 Resource Accounts. Auditor's remuneration is a notional cost (see Note 8).

Statement on disclosure to auditors

As far as the Accounting Officer is aware, there is no relevant audit information of which the National Audit Office is unaware, and the Accounting Officer has taken all the steps that he ought to have taken to make himself aware of any relevant audit information and to establish that the CPS's auditors are aware of that information.