Annual Report 2002-2003

For the period April 2002 -March 2003

From the Director of Public Prosecutions to the Attorney General Presented to Parliament in pursuance of Section 9, Prosecution of Offences Act 1985, Chapter 23

• Letter from the Director of Public Prosecutions to the Attorney General
• Role and Vision
• SectionOne
• Section Two
• Annex A
• Annex B
• Annex C
• Annex D

Directors Letter to the Attorney General

I am pleased to report to you on the performance and reform of The Crown Prosecution Service during 2002-2003, a year in which The CPS made a significant contribution to delivery of the Government’s priorities for the criminal justice system.

Increased investment in The CPS has helped us to raise the number of staff in the Service and to meet the Government’s Manifesto commitment for 300 more lawyers. We have also been able to increase the numbers of our staff who appear as Higher Courts Advocates and as Designated Caseworkers.

More staff, and closer and more effective partnership working with the police, through collocated criminal justice and trials units, and the ‘premium service’ developed in the street crime initiative, is bringing results.

During the year we dealt with 1.44 million cases sent to us by the police, 77,000 more than in 2001-2002. We prosecuted substantially more defendants – 1.08 million in the magistrates’ courts, and 80,000 in the Crown Court, overall almost 65,000 more than in the previous year.

And we have been more successful in those prosecutions.

In magistrates’ courts, The CPS secured a conviction in 98% of its prosecutions – around 978,000 defendants either pleaded or were found guilty. This is an increase of 45,000 on 2001-2002, and includes a 70% conviction rate in those cases where the defendant pleaded not guilty.

In the Crown Court, almost 90% of cases proceeding to hearing resulted in a conviction – around 72,000 defendants – an increase of almost 9,000 and 14% more than in 2001-2002. Almost 62% of defendants who pleaded not guilty in the Crown Court were convicted.

Closer, collaborative work with the police and courts has helped to bring persistent offenders to justice within 71 days, to bear down on street crime and to narrow the justice gap.

During 2002-2003, 20,000 more offences were brought to justice; there has been a 16% reduction in street crime in the 10 “hot spot” Areas; and we established closer working relationships with the National Crime Squad and the Anti-Terrorist Branch of the Metropolitan Police, which are essential if the UK is to provide an effective response to terrorism and other international, serious and organised crime.

The CPS continues to play a full part in the development of the criminal justice system, including helping to develop and prepare for the new legislation in the Proceeds of Crime Act, which enables the recovery of assets from criminals convicted of acquisitive crimes.

We responded to the Government’s call to improve the service to victims and witnesses of crime and to put them at the centre of the criminal justice system. This year has seen the successful roll-out of direct communications with victims in all 42 CPS Areas and, working with the police and the courts, the introduction of further measures to support vulnerable and intimidated witnesses to attend court to give best evidence. We also introduced a network of Domestic Violence coordinators across England and Wales to support victims of such crime and to help bring perpetrators to justice. All are helping The CPS to develop better relationships with victims and witnesses of crime. These and the work we have undertaken on addressing rape, domestic violence and homophobic attacks are rebalancing the criminal justice system towards the needs of the victim.

We have made substantial progress in taking forward the proposals in Sir Robin Auld’s Review of the Criminal Courts, for The CPS to charge offenders. Working closely with the police, charging pilots in five Areas have shown the enormous impact the initiative can have if the police and CPS can get an effective grip on cases at the outset. The independent evaluation of the charging pilots shows the significant benefits the initiative will have on the CJS and the roll-out of charging across the Service will be our key priority for the coming year.

The CPS also worked with CJS colleagues to introduce another recommendation in Sir Robin’s review, for the introduction of local Criminal Justice Boards responsible for delivery of the Government’s PSA targets in their Areas. Chief Crown Prosecutors chair around half of the 42 local Boards.

Our emphasis on community engagement and on equality and diversity both as a prosecutor and as an employer is establishing the presence of The CPS and Chief Crown Prosecutors in local Areas.

Progress made in addressing equality and diversity issues, both as a prosecuting authority and as an employer was recognised by the Commission for Racial Equality, which lifted their formal investigation into The CPS and is now working in partnership with us.The CPS also exceeded most of its targets for a more representative workforce and is currently revising those targets to ensure that they remain challenging and that our workforce reflects the multi-cultural society it serves.

We have strengthened local management teams through an enhanced role for the Area Business Managers, allowing Chief Crown Prosecutors to concentrate on the quality of local prosecution, building effective partnerships in their local CJS and extending community engagement. We have also responded to a review of our Headquarters and established a new Business Development Directorate to strengthen the support given to Areas to deliver the Public Service Agreement targets.

The successful development and piloting of our initial COMPASS case management system, in partnership with LogicaCMG, and endorsed by the Office of Government Commerce, means that we will soon have the tools to keep careful track of cases, to be more proactive in determining whether a prosecution should be continued and in identifying what needs to be done to strengthen weak cases before they come to court.

Overall, the report is one of CPS achievement and contribution to the development of the CJS. It reflects the dedication and professionalism of its people and the commitment everyone in The CPS has to working in partnership with CJS colleagues to deliver the PSA targets and to improve the services we provide to victims, witnesses and our local communities.

Sir David Calvert-Smith QC Director of Public Prosecutions

The Crown Prosecution Service Vision

• A 21st century liberal democracy needs a prosecution service which works well and is seen to do so
• It will only do so if, by common consent, it occupies the correct space between investigation and final disposal
• It will only do this if it contains able and highly motivated people
  • with the tools to advise, review, prepare and present cases and to provide the crucial support services to the prosecution process and
  • who take personal responsibility, rejoice in success, admit to mistakes, and learn from both.

This means:

• Being a lively, successful and esteemed part of the criminal justice system and of the society of which it forms such an important part
• Playing a full and effective part from the moment an investigation becomes a potential prosecution until the end of the criminal justice process
• Prosecuting cases vigorously, robustly and fairly
• Becoming a respected player in four crucial respects:
  • a paragon of fairness and transparency in terms of its decisions and how it makes them
  • an organisation which is able to speak its mind on criminal justice issues
  • an organisation which people of ability and enthusiasm want to join for some or all of their working lives
  • an organisation which provides moral leadership and helps to create a communal sense of right and wrong by taking a lead on
  • social/moral issues such as domestic violence, and homophobic and racist crime.
• Setting and meeting high standards
• Having a clear focus on delivery of the outcomes and targets Ministers have set for it in the Public Service Agreement and others it has set for itself

ROLE

The Crown Prosecution Service was set up in 1986 to prosecute criminal cases investigated by the police in England and Wales. In undertaking this role, The CPS advises the police on cases for possible prosecution, reviews cases submitted by the police for prosecution, prepares cases for court and presents those cases at court.

The Code for Crown Prosecutors

Before proceeding with a prosecution, Crown Prosecutors must first review each case against the Code for Crown Prosecutors. The Code is designed to make sure everyone knows the principles The CPS applies when carrying out its work.

These principles are:

• whether there is enough evidence to provide a realistic prospect of conviction against each defendant on each charge and, if so,
• whether a prosecution is needed in the public interest.

The Director is under a statutory duty to publish the Code for Crown Prosecutors. The fourth edition of the Code was published in October 2000. The changes were matters of emphasis rather than principle. The Code is reproduced at Annex A.

The CPS is a public authority for the purposes of the Human Rights Act 1998. In carrying out their role, Crown Prosecutors must apply the principles of the European Convention on Human Rights in accordance with the Act.

ORGANISATION

The Service is headed by the Director of Public Prosecutions, Sir David Calvert-Smith QC. The Director is superintended by Lord Goldsmith, the Attorney General who is accountable to Parliament for the Service. The Chief Executive is Richard Foster, who is responsible for resources, performance management,information technology and administration, allowing the Director to concentrate on prosecution and legal issues.

The CPS has 42 Areas across England and Wales, each headed by a Chief Crown Prosecutor who is responsible for the delivery of a high quality prosecution service to his or her local community. Each Chief Crown Prosecutor is supported by an Area Business Manager, and their respective roles mirror, at a local level, the division of responsibilities between the DPP and the Chief Executive. Administrative support to the Areas is provided through a network of 10 Service Centres each responsible for providing effective services to a ‘family group’ of Areas.

CPS Headquarters, based in London, York and Birmingham, supports the Director, Chief Executive and Areas with regard to human resources, equality and diversity, finance, business information systems, criminal justice policy and business development.

An organisation chart for CPS Headquarters is at page 25, and a map of the 42 CPS Areas is at Annex D.

AIM

The CPS works in partnership with the police, courts, the Home Office and Department of Constitutional Affairs (formerly the Lord Chancellor’s Department) and other agencies to deliver the Government objectives and priorities for the criminal justice system and the targets set in the CJS Public Service Agreement.

Our overall aim, which reflects the Government’s priorities for the criminal justice system, is to:

Deliver a high quality prosecution service that brings offenders to justice, helps reduce both crime and the fear of crime and thereby promote public confidence in the rule of law through the consistent fair and independent review of cases and through their fair, thorough and firm presentation at court

SUMMARY OF PERFORMANCE AND ACHIEVEMENTS

Caseload

• Caseload has increased. The number of defendant cases sent to us by the police rose to 1.44 million, an increase of 4.5% on 2001-2002.
• Increased caseload included 36,000 more summary cases and 22,000 indictable or either way cases.

Case Results

• A conviction was secured in 98% of all cases brought before magistrates – some 978,000 defendants, 45,000 more than last year.
• 70% of all magistrates’ courts contested hearings resulted in a conviction.
• Almost 90% of all cases proceeding to a hearing in the Crown Court resulted in a conviction – around 72,000 defendants – an increase of almost 9,000 and 14% more than in 2001-2002.
• 61% of all Crown Court contests resulted in a defendant being found guilty by a jury.
• There was a significant increase in the volume of pre-charge advices provided to the police, some 64,456 cases - an increase of almost 20,000 and 45% more than in 2001-2002.
• Discontinuance fell 0.5 percentage points from 13.1% of magistrates’ courts cases in 2001-2002 to 12.6% in 2002-2003

Resources

• The CPS budget for 2002-2003 was £453 million, £61 million more in real terms than 2001-2002.
• At the end of March 2003, The CPS employed just over 7,046 people, 600 more than at the same time the previous year. During the year The CPS met the Government’s Manifesto commitment for 300 more lawyers.
• 87% of all staff work in Areas prosecuting or supporting the prosecution of offenders, including 2,267 lawyers and 4,711 caseworkers and administrators.
• The CPS is well on the way to meeting its targets for a more representative workforce by 2005.

CJS Performance

• Narrowing the Justice Gap – 1,046,000 offences were brought to justice in the year ending September 2002 ¨C 20,000 more than in the year ending March 2002.
• Street crime in the 10 ‘hot spot’ Areas fell by 16%.
• The time to deal with persistent young offenders remained on or close to the 71 day target.

Section One CPS and CJS Reform

• Charging pilots established an effective way for the police and CPS to work together on charging defendants and shown how substantial improvements can be made to the CJS.
• Around 48% of all magistrates’ courts cases and 25% of Crown Court cases were dealt with by joint police and CPS Criminal Justice Units and Trials Units.
• Local Criminal Justice Boards have been established to deliver PSA targets in all 42 Areas. CCPs chair around 50% of these local Boards.
• Proceeds of Crime legislation to recover assets from criminals was successfully introduced in partnership with police and court colleagues.
• Arrangements for direct communications with victims were successfully introduced into all Areas.
• The second phase of CJS measures to support vulnerable and intimidated witnesses was introduced.
• The CPS launched its Race Equality Scheme, seen as an example of best practice by the Commission for Racial Equality, which also lifted its suspended formal investigation into The CPS.
• The CPS launched a public policy statement on prosecuting homophobic crime.
• A cadre of CPS lawyers and caseworkers have been trained in prosecuting serious, international and cross border crime.
• A new Business Development Directorate was established to support Areas in delivery of PSA targets.
• The development and piloting of the initial case management system passed a rigorous Office of Government Commerce review and is being rolled out to all CPS Areas.
• Transform, a new CPS leadership and management development programme, was launched.
• The Area Business Manager role was strengthened and posts were filled through competitive and open recruitment.

CPS Performance

The CPS objectives and targets for 2002-2003, reflecting the contribution the Service makes to deliver the CJS PSA targets are set out below, together with 2002-2003 performance results.

Objective:

To deal with prosecution cases in a timely and efficient manner in partnership with other agencies

Target

To send 80% of committal papers to the defence within 14 days (10 days in custody cases) of receipt from the police of a full file for committal certified as trial ready.

Outturn

This target was met, and performance improved compared with 2001-2002. Committal papers were served within agreed timescales in 86.7% of cases in 2002-2003, compared with 85.6% during 2001-2002.

Target

To deliver 84% of briefs to counsel within 14 days of committal or transfer (21 days in non-standard fee cases).

Outturn

This target was met, and performance improved compared with 2001-2002. During 2002-2003 briefs were sent to counsel within agreed timescales in 86.6% of cases, compared with 84.1% in 2001-2002.

Objective:

To ensure that the charges proceeded with are appropriate to the evidence and to the seriousness of the offending by the consistent, fair and independent review of cases in accordance with the Code for Crown Prosecutors

Target

To reduce the percentage of cases dismissed on a submission of no case to answer (which are attributable to failures in the review process) to 0.006% or 6 per 100,000.

Outturn

This target was not met, but performance improved considerably compared with 2001-2002. Dismissals no case to answer attributable to failings in the review process amounted to 0.009% or 9 per 100,000, compared with 0.011% or 11 per 100,000 in 2001-2002.

Target

To reduce the percentage of non-jury acquittals in the Crown Court to 0.5% or 5 per 1000 which are attributable to failures in the review process.

Outturn

This target was met and performance improved compared with 2001-2002. Non-jury acquittals amounted to 0.3% or 3 per 1,000 compared with 0.5% or 5 per 1,000 in 2001-2002.

Delivery

Objective:

To enable the courts to reach just decisions by fairly, thoroughly and firmly presenting prosecution cases; rigorously testing defence cases and scrupulously complying with the duties of disclosure

Target

To increase to 86% the proportion of relevant cases where the prosecution comply with duties of primary disclosure*

Outturn

This target was not met, but performance improved considerably compared with 2000-2001. HM CPS Inspectorate’s Report for the year ending September 2002 records that the prosecution complied with statutory duties of primary disclosure in 80.71% of cases between October 2001 and September 2002, compared with 72.3% between October 2000 and September 2001.

Target

To increase to 83% the proportion of relevant cases where the prosecution comply with duties of secondary disclosure*

Outturn

This target was not met, but performance improved compared with 2000-2001. HM CPS Inspectorate’s Report for the year ending September 2002 records that the prosecution complied with statutory duties of secondary disclosure in 65.34% of cases between October 2001 and September 2002, compared with 62.2% between October 2000 and September 2001.

Target

To increase to 7% the proportion of advocates whose performance is significantly above normal requirements*

Outturn

This target was not met, but performance improved considerably compared with 2000-2001. HM CPS Inspectorate’s Report for the year ending September 2002 records that 5.88% of advocates’ observed rated a very good performance, above average in many respects, compared with 3.5% between October 2000 and September 2001. 27% of advocates observed were rated as above average in some respects or better between October 2001 and September 2002, consistent with the previous year.

* independent assessment by HM CPS Inspectorate

Objective:

To meet the needs of victims and witnesses in the criminal justice system, in co-operation with other criminal justice agencies

Target

To pay 100% of correctly completed witness expense claims within 10 days.

Outturn

This target was effectively met, as performance improved compared with 2001-2002. During 2002-2003, 99.8% of witness expenses were paid within agreed timescales, compared with 98.2% in 2001-2002.

Target

To increase to 94% the proportion of replies to complaints which are made within 10 days.

Outturn

This target was not met, but performance improved considerably compared with 2001-2002. Timely replies were made in 89.2% of cases in 2002-2003, compared with 81.9% of cases in 2001-2002.

Objective:

Improving productivity

Target

To increase to 100% the proportion of undisputed invoices paid within 30 days.

Outturn

This target was not met. 81.0% of invoices were paid within 30 days compared with 94.4% in 2001-2002.SR2002 Public Service Agreement Targets The 2002 Spending Review announced in July 2002 set new targets for the criminal justice system with effect from April 2003. These are:

To improve the delivery of justice by increasing the number of crimes for which an offender is brought to justice, to 1.2 million by 2005-2006; with an improvement in all Criminal Justice System areas, a greater increase in the worse performing areas and a reduction in the proportion of ineffective trials.

To improve the level of public confidence in the Criminal Justice System, including increasing that of ethnic minority communities, and increasing year on year the satisfaction of victims and witnesses, whilst respecting the rights of defendants.

Increase value for money from the criminal justice system by 3% a year.

The CPS contribution to these targets is set out in The CPS Strategic Plan for 2003-06 and Business Plan for 2003-04, published in March 2003. Performance against these new targets will be provided in the Director of Public Prosecutions’ next Annual Report for 2003-2004.

Moving the Reform Agenda Forward

The following sections describe the work CPS has undertaken throughout 2002-2003 to deliver the Government’s priorities for the CJS and to make the maximum contribution to delivery of PSA targets.

DELIVERING MORE EFFECTIVE PROSECUTIONS

The CPS has concentrated on narrowing the justice gap, by getting a more effective grip of cases from the outset, particularly in hate crimes where there are considerable difficulties in bringing an offender to justice, and in improving the quality of disclosure and presentation of cases in court.

Narrowing the Justice Gap

The Government’s Manifesto included a commitment to increase the number of recorded offences brought to justice (ie. where an offender has been cautioned, convicted, or had an offence previously recorded taken into consideration by the court when passing sentence, or where a Penalty Notice for Disorder has been issued in those Areas where this process is being trialled). The gap between the overall level of crimes recorded by the police and offences brought to justice is known as the ‘justice gap’.

The CPS has worked with the Home Office and Lord Chancellor’s Department (now the Department for Constitutional Affairs) to design a strategy for narrowing the justice gap, which was launched in October 2002. The target is to bring 1.2 million offences to justice by March 2006 and is aimed at tackling weaknesses in the system, targeting particular types of offenders, such as persistent offenders, and targeting certain types of crime, such as street crime.

The Justice Gap is measured from Home Office Criminal Statistics. In the year ending September 2002 (latest published data available), the number of offences brought to justice had increased to 1,046,000, (provisional figure) compared to 1,026,000 in the year ending March 2002.

Bearing Down On Hate Crimes

In February 2003 The CPS hosted a major conference in Cardiff, ‘On the Edge of Objectivity’, to look at ways in which the CJS can narrow the justice gap in domestic violence, rape, racist and homophobic crimes. 400 people attended the conference from across the criminal justice system and the voluntary sector.

Independent Advisory Group - Gloucestershire

CPS Gloucestershire, together with members of the Local Criminal Justice Board in Gloucestershire and GLOSREC, the Race Equality Council for Gloucestershire, are setting up an Independent Advisory Group for members of the public, especially those from black and minority ethnic communities, to give help, support, advice and constructive criticism on local CJS policies. It is anticipated that the Advisory Group will be fully operational from Autumn 2003.

Tackling Domestic Violence

The CPS continues to contribute to the Government’s national strategy to tackle domestic violence. Building on The CPS Policy on prosecuting cases of domestic violence, launched in November 2001, The CPS has established a network of Domestic Violence co-ordinators across England and Wales, to help share information and good practice.

CPS Merseyside – Area Domestic Violence Co-ordinator

As the Domestic Violence Co-ordinator for CPS Merseyside, Sharon Bourne liaises with statutory and voluntary agencies on a regular basis and reports quarterly to the Chief Crown Prosecutor on domestic violence issues. During 2002-2003, Sharon helped to launch ““Operation Goodwill”, Wirral’s annual Christmas initiative on tackling domestic violence; spoke at Victim Support’s Domestic Violence Training Course; visited four local refuges, and took part in a local radio phone-in. Sharon also worked closely with the Merseyside Police Domestic Violence Units, to prepare a Service Level Agreement between The CPS and police which will improve the prosecution process for victims and narrow the justice gap.

Improving Disclosure

The CPS has responded to the HM CPS Inspectorate Review of Disclosure of Unused material through a joint Police and CPS Disclosure Project, chaired by the Director of Public Prosecutions.

Following an extensive consultation exercise across the criminal justice system, comprehensively revised Joint Operational Instructions on disclosure for the police and CPS were published in December 2002.

Refresher training material is currently being delivered to police officers and CPS staff and an innovative protocol is being developed for the early consultation and exchange of information between agencies involved in investigating and prosecuting cases of suspected child abuse.

National Standards of Advocacy

The CPS has revised its National Standards of Advocacy, including professional ethics, case planning and preparation, rules of evidence and court procedure. Many Areas now employ full time advocacy assessors and trainers to ensure that CPS advocates meet those standards, which also provide a benchmark for monitoring the quality of external advocates used by The CPS

Advocacy Masterclass

During 2002-2003, the Service piloted an Advocacy Masterclass in partnership with the Nottingham Law School.

The Masterclass was intended for prosecutors of 4 or more years experience who had already undergone Higher Courts Advocate training and the objective was to enhance their advocacy skills using practical case studies and short lectures.

Tutelage was provided by The CPS Advocacy champion, Monica Townsend, Nottingham Law School and the Bar. The course covered various aspects of trial advocacy and advanced questioning techniques, and drew on some of the results from the Court Survey. Almost 200 applications for the course were received for the first 12 places and an evaluation of the course is currently being undertaken before it is offered more widely to CPS lawyers.

Measuring casework quality

During 2002-2003, The CPS piloted a casework quality assurance system in seven Areas as a way of regularly assessing the quality and consistency of local case preparation and legal decision-making. The scheme was introduced in all Areas from April 2003 and will complement the work of HM CPS Inspectorate, who independently inspect each CPS Area every two years.

Good Practice

The joint CPS/HMCPS Inspectorate Standing Committee on Good Practice recommends good practice to The CPS Board for circulation to all CPS Areas. During 2002-2003, The CPS Board endorsed good practice guidance on complaints handling.

DRIVING UP CRIMINAL JUSTICE SYSTEM PERFORMANCE

Increasingly, The CPS is working in effective partnerships with the police, the courts and with other criminal justice departments to improve CJS performance.

Reducing Street Crime

The police, CPS and courts have worked together to target street crime in the ‘hot spot’ street crime Areas – Thames Valley, West Midlands, West Yorkshire, South Yorkshire, Nottinghamshire, Avon and Somerset, Greater Manchester, Lancashire, London and Merseyside.

The CPS played a substantial role in tackling street crime and, developed a ‘premium service’ approach to such crimes with the police. Under this approach, experienced prosecutors give the police advice during investigation to strengthen the case, advise on the choice of charge appropriate to the evidence, and work closely with the police to make sure the case is in the best possible state when trial takes place. Particular attention is being paid to the needs of victims and witnesses of street crime providing them with the necessary information and support through the trial process.

As a result of this joined-up approach, street crime in the 10 Areas has been reduced by 16% since April 2002.

R-v- Fenlon

Following the hard work and cooperation of CPS staff and police in the Merseyside Robbery Unit and the courts, a case of robbery was dealt with from first hearing to conviction within ten days, including a two day trial. The defendant appeared before South Sefton Magistrates’ Court in Bootle on 30 January 2003, charged with the offence of Robbery. He was sent to Liverpool Crown Court, and was convicted on 12 February 2003 and received 6 years imprisonment.

Average time between arrest and sentence for persistent young offenders England and Wales January 1997 to March 2003

Persistent Young Offenders

The CPS has worked with its criminal justice partners to meet the Government’s pledge to halve the time taken to deal with persistent young offenders from 142 to 71 days. Throughout 2002-2003, the average time between arrest and sentence for persistent young offenders remained at 71 days or less, except for January 2003 when performance slipped slightly to 72 days.

Persistent Offenders

During 2002-2003, The CPS worked with its criminal justice partners to develop a Persistent Offender Scheme, which will reduce crime and narrow the justice gap by targeting the most prolific adult offenders in each of the 42 Areas.

The scheme, which started in April 2003, targets the 33,000 persistent offenders who are responsible for a substantial proportion of all crime. Each local criminal justice board has set a target for 2003-2004 to increase the number of offences committed by persistent offenders that are brought to justice. As part of the scheme, a new web-based IT system, J-Track, has been developed to identify and manage cases involving persistent offenders.

Criminal Justice Boards

During 2002-2003, The CPS worked with CJS colleagues to develop new structures to manage delivery and reform of the CJS at national and local level, as recommended by Sir Robin Auld in his Review of the Criminal Courts and accepted by the Government in its White Paper ‘Justice for All’.

Under the new structures, which came into force in April 2003, Chief Officers of the local criminal justice agencies come together as a group to drive performance improvement in their local Areas. Chief Crown Prosecutors chair around half of these 42 local Criminal Justice Boards, whose first priority is to develop and deliver local CJS plans to reduce the justice gap in their Areas. The Director of Public Prosecutions and The CPS Chief Executive joined the Attorney General and Solicitor General as CPS representatives on a National Criminal Justice Board, which oversees the work of the local boards and provides them with strategic direction and support.

Case Preparation Project – improving listing

The CPS is contributing to the CJS Case Preparation Project (CPP) to reform case management in the magistrates’ courts and the Crown Court. The CPP is taking forward a central aspect of the criminal justice reform programme outlined in the White Paper ‘Justice for All’.

Under the CPP, The CPS are working with police, the courts and other partners in the CJS to improve case management before and during court hearings.This includes better case progression to ensure cases are ready for hearing , block listing of noncontested cases and ways of ensuring a greater proportion of trial cases are provided with fixed dates for hearing.

The project will provide greater certainty for victims, witnesses, defendants, the defence and prosecution that cases will go ahead as planned and will make a considerable impact on reducing the number of ineffective trials.

Collocation: Criminal Justice Units and Trials Units

Steady progress continues to be made on restructuring police and CPS operations by establishing collocated Criminal Justice and Trials Units in either CPS or police premises. Criminal Justice Units reduce the duplication of administrative effort in preparing cases for court and improve the quality of cases going to court. Savings from Criminal Justice Units are redirected towards prosecuting the more serious cases in Trials Units, providing better and earlier advice to the police and improving the services provided to victims and witnesses.

By April 2003, Chief Crown Prosecutors and Chief Constables in 27 Areas had established 68 collocated Criminal Justice Units, handling around 48% of CPS work in magistrates’ courts, and 21 Areas had set up 24 collocated Trials Units, handling about 24% of Crown Court business.

R-v-Allen

Anthony John Allen was convicted at Exeter Crown Court on 16 December 2002 for the murder of his wife and two children. Allen’s wife and two children disappeared in May 1975 and after 27 years had not been located, despite extensive police enquiries.

Allen was originally arrested in 1976, but was not charged. The investigation was re-opened in 2001 and the police liaised very closely with the Head of the Magistrates’ Court Unit in The CPS Exeter office in order to obtain legal and procedural advice. Some new evidence came to light, but after over a quarter of a century and without ever finding the three bodies, the difficult decision had to be made by The CPS whether to prosecute this case.

Despite these difficulties Allen was convicted of the three murders and given three life sentences.

Joint Performance Management (JPM) with the police

Under the direction of a multi-agency group, the system to collect and use information on timeliness and quality of police files has been revised during 2002-2003. The new system will enable the police and CPS to focus more closely on case outcome and to identify and address the reasons why cases are not successful. The implementation of the new scheme is tied to the roll-out of the new CPS Initial Case Management System, which will help to capture the performance information and is expected to be in place by December 2003.

Joint Performance Management with the Courts

A cracked trial is one where there is a guilty plea or the prosecution offers no evidence on the day of the trial. An ineffective trial is one that has to be adjourned to another day. Both are inconvenient and frustrating for witnesses and can be costly, unproductive and inefficient for the prosecution, defence and the courts.

The CPS continues to operate a JPM arrangement with the Court Service to capture management information on cracked and ineffective trials in magistrates’ courts.

The JPM scheme, in place nationally since April 2002, has been reviewed and revised with improvements incorporated from April 2003, so that local Criminal Justice Boards can understand more about the reasons why cases collapse and why hearings are ineffective and can take action to address those problems.

A similar JPM scheme operates in a number of Crown Court centres and during 2002-2003 The CPS and the Department for Constitutional Affairs (formerly Lord Chancellor’s Department) have been working together to extend the scheme to all centres in England and Wales.

Overall, the revised JPM monitoring schemes with the courts will provide a very useful tool to support the new PSA targets to increase the number of offences brought to justice and reduce the number of ineffective trials.

National Crime Squad (NCS) Gateway

Close relationships between the NCS, the Anti-Terrorist Branch of the Metropolitan Police and The CPS Casework Directorate are essential if the UK is going to provide an effective response to terrorism and other international, serious and organised crimes.

In May 2002, The CPS and NCS began a pilot scheme whereby all NCS cases from the West of England and Wales were referred to the Casework Directorate’s new Birmingham Branch. These closer working relationships have encouraged early consultation and discussion between police investigators and CPS prosecutors in what can be very complex cases. During 2002-2003, the Casework Directorate was involved in 77 new NCS operations.

The pilot scheme is currently being evaluated and early feedback is that the NCS and CPS colleagues have welcomed the early consultation and there are much closer working relations between investigators and prosecutors. Subject to that evaluation, the intention is to extend the closer working initiative to all NCS investigations.

Visual Recording of police interviews with suspects

The CPS is working with the Association of Chief Police Officers on a joint pilot of visual recording of police interviews with suspects in Essex, Hampshire and Isle of Wight, Kent, London and West Mercia. The aim of the pilot is to identify the benefits of visually recording interviews with suspects, compared with the present system of audio recording. The pilot, which is testing a variety of technical equipment and the extent to which visual recording presents best evidence of the police interview, will be evaluated next year.

Prosecuting Work-Related Deaths

In 2002-2003, The CPS worked closely with the Health and Safety Executive, Association of Chief Police Officers, Local Authorities and British Transport Police to review arrangements for the effective prosecution of work-related deaths. The review was informed by two public consultation exercises and a revised protocol was introduced in Spring 2003.

DEVELOPING A GREATER PUBLIC SERVICE ETHOS

The CPS has continued to improve the standards of care and contact with victims and witnesses.

Direct Communication with Victims

Since October 2002, every CPS Area has been writing to victims with an explanation when a case is discontinued or charges are altered substantially. In cases involving child abuse, racial offences or homophobic crime The CPS offers to meet with victims to explain the basis for the decision if a further explanation is required.

An independent Victim Satisfaction Survey is proposed for later in 2003, to obtain victim feedback on the service delivered under the direct communications scheme and to indicate where further improvements might be made.

CPS West Midlands Victim and Witness Care Initiative

CPS West Midlands, together with the police and Victim and Witness Support, established a “One Stop Shop” in January 2003 to provide a better service to victims and witnesses of crime.

Victims and witnesses are given as early notice as possible of the date they are required to attend court to give evidence and they are provided with contact details at the outset so they can raise any concerns or questions about giving evidence as the case progresses to a hearing.

By improving the service to victims and witnesses the pilot also aims to reduce the number of ineffective trials caused by non-attendance of victims and witnesses at court.

R-v-Castillo

A man who raped a 60-year-old psychiatric patient was jailed for seven years in CPS London’s first major case to apply the Speaking up for Justice measures.

The victim, who was sedated at the time of the offence and had very little recollection of the attack, was receiving treatment at West London Mental Health Trust’s John Connolly Unit, Ealing.

Maurice Castillo, 46, himself a former patient, used his knowledge of the hospital to search for a victim.

Castillo was convicted by a unanimous verdict in December 2002 after a jury at Isleworth Crown Court heard his victim give evidence by video link, following a successful application for special measures by the prosecution team from Harrow/Isleworth Trials Unit.

Improving services to vulnerable or intimidated witnesses

The CPS is continuing to work closely with the Home Office and others to implement the package of measures recommended in the report Speaking up for Justice. In July 2002, video recorded statements became admissible as evidence in chief in Crown Court proceedings for children under 17 and for vulnerable adults. At the same time, it also became possible for those and intimidated witnesses to give evidence to the Crown Court by TV link.

By March 2003, over 1,000 CPS staff and others in the criminal justice system had been trained to provide these services, in courses developed in partnership with the Ann Craft Trust, an organisation working in the interests of people with learning disabilities who may be at risk from abuse.

CPS Northamptonshire - ‘Speaking Up for Justice’ Conference

In November 2002, CPS Northamptonshire held a conference called ‘Speaking Up for Justice: Different Perspectives’, an opportunity for representatives from the CJS and the voluntary sector and social services to discuss ‘special measures’. Speakers included the Chief Crown Prosecutor and other CPS staff, and representatives from the police, the Bar, Court Support and Witness Service and the Ann Craft Trust. Discussion groups were held on the legislation and its implementation in Northamptonshire. The conference was a significant step to closer working between the CJS and community groups who may come into contact with potentially vulnerable and intimidated witnesses. Conference participants from outside the CJS felt that the event had helped to demonstrate the commitment of the CJS to delivering the special measures and supporting victims and witnesses.

Community Engagement: Public Policy Statement on Homophobic crime

The CPS continues to develop links with local communities and representative groups to raise awareness of its role and to ensure that we develop our prosecution policies to reflect the concerns of the multi-cultural communities and public we serve.

In November 2002 the Service launched a Public Policy Statement on prosecuting Homophobic Crime. This was developed in consultation with community groups, and is the first policy across Whitehall to deal with homophobic issues. The policy, supplemented by a training programme for lawyers, will help to ensure that all crimes with a homophobic element are fairly and effectively prosecuted.

CPS Spring Senior Management Conference 2003

The CPS Spring senior management conference took place in Bournemouth from 2-3 April. The conference considered how to engage better with local communities, and victims and witnesses. The conference discussed the importance of building a strong reputation both with our partners, and with the public.

Delegates worked on an implementation plan, which will: help others to understand more about what we do, and the crucial role The CPS plays in the CJS; increase public confidence by raising awareness of the criminal process, and encourage victims and witnesses to come forward because they know they will be treated with dignity and respect.

CPS London community engagement conference

In an exercise aimed at increasing public understanding and confidence in its work, CPS London held a community engagement conference in November 2002.

Attended by around 120 people, the event at City Hall enabled community representatives to identify ways in which the Area could improve its service to the capital’s community. During the event Dru Sharpling, Chief Crown Prosecutor for London, told delegates that her door was open to all communities in London.

CPS Nottinghamshire: community partnerships

A conference was held in January 2003 in partnership with the Nottinghamshire Healthcare Trust to raise awareness of issues relating to older people with mental health problems. Attended by the Director of Public Prosecutions and a range of CPS staff and healthcare professionals, it allowed the opportunity to share experiences and promote good practice.

DEVELOPING THE ROLE OF THE CROWN PROSECUTION SERVICE

The CPS has been at the forefront of major changes in the criminal justice system and the fight against serious, international and organised crime.

Charging

In October 2001, Lord Justice Auld’s Review of the Criminal Courts recommended that The CPS should take over the decision to charge except in minor cases. During 2002-2003 the police and CPS established joint pilots to determine the practicalities and effectiveness of these new arrangements.

In the five pilot Areas, the police have sought, and The CPS provided, more early pre-charge advice before suspects have been charged. The pilots have shown that the charging arrangements can deliver a sharp fall in the number of discontinued cases, more early guilty pleas and a significant increase in guilty pleas at first hearing. They have also shown the substantial benefits to be gained by the CJS as a whole in bringing offenders to justice, reducing ineffective trials, improving the services to victims and witnesses and in securing greater value for money.

The police and The CPS are now working to develop a ‘shadow’ charging scheme to provide early advice to the police in all Areas by December 2003. Following this we plan to develop those arrangements into a full ‘statutory’ scheme as legislative changes proposed in the Criminal Justice Bill come into force.

PA Consulting

acting as independent evaluators, reported in April 2003 that the early charging scheme was “definitely ... the way forward for the police and CPS”. It would lead to “more effective case building and, in our view, make a significant contribution to key government initiatives including Narrowing the Justice Gap... it will also lead to more effective and efficient use of time – thereby providing a value for money justification.”

Proceeds of Crime

The CPS played a major role in developing new legislation in the Proceeds of Crime Act, which enables the recovery of assets from criminals convicted of acquisitive crimes and which came into force in February 2003.

Under the legislation, The CPS will contribute to achieving the Government’s Manifesto commitment to double the assets recovered from criminals. Together with HM Customs and Excise The CPS is working in an Enforcement Task Force (ETF) to recover money from unpaid confiscation orders under the old legislation.

The CPS has been working with CJS colleagues in the Asset Recovery Committee to prepare the CJS for the new legislation. The CPS has established a network of Proceeds of Crime ‘Champions’ in CPS Areas and has trained a number of lawyers and caseworkers in Areas to obtain restraint, confiscation and receivership orders as well as establishing a panel of receiver firms with CJS colleagues to assist in recovering assets from criminals.

Responding to the Threat of International Crime

The CPS continues to be at the forefront of European and international criminal justice initiatives.

By May 2003, The CPS had completed the training of 250 of its lawyers and caseworkers in the skills needed to deal with international work involving serious, cross-border and international crime. In addition The CPS trained 58 colleagues from domestic and international criminal justice agencies, such as the National Criminal Intelligence Service and the Spanish Ministry of Justice.

International Association of Prosecutors Conference

In September 2002, The CPS hosted the 7th AnnualConference and General Meeting of the International Association of Prosecutors (IAP) at The Queen Elizabeth II Conference Centre, Westminster. The theme of the conference was ‘The Threat of Global Crime: Trafficking in Humans, Money and Drugs’.

The Conference attracted 760 prosecutors from across theworld, including 2 Ministers of Justice, 11 Attorneys General, 14 Heads of Prosecution Services and 13 Directors of Public Prosecutions from 78 countries.

Over the course of four days the Conference considered ways to combat some of the most pernicious forms of criminality undertaken by organised gangs and opportunist criminals

The result was the ‘London Action Plan’ – a clearly defined series of measures and initiatives designed to provide prosecutors with a ‘road map’ of international best practice in dealing with trafficking offences.

Human Trafficking

In May 2002 The CPS hosted its first ever European-sponsored criminal justice conference. Seventy five delegates from European Union (EU) and EU Accession countries attended to examine how to improve international co-operation in the prosecution of human trafficking offences.

Both the Attorney General and the Director of Public Prosecutions gave keynote addresses. The conference also featured contributions from the Home Office, the National Crime Squad, the International Organisation on Immigration, Eurojust, Interpol, Europol, the Joint Council for the Welfare of Immigrants and Anti-Slavery International.

The Conference recognised the benefits of early and effective liaison, and of direct contact between practitioners to facilitate efficient judicial cooperation, develop best practice and exchange ideas.

Liaison magistrates

The CPS continues to contribute to a network of Liaison Magistrates across Europe and the United States of America.UK liaison magistrates regularly deal with mutual legal assistance and the extradition of suspects to and from the UK and provide their host countries with legal advice and guidance on UK legal processes.

R-v- Masters

Trevor Masters was tried at Cardiff Crown Court in August 2000 for sexual offences including rape. While on bail during his trial, he absconded to France, and was convicted in absence and sentenced to 12 years imprisonment.

An international manhunt then ensued and for a time Masters was “Britain’s most wanted criminal”. Ten months later he was tracked down to Pau in the South of France and arrested by the French authorities. Extradition proceedings were commenced which he vigorously contested.

The CPS French Liaison Magistrate worked very closely with the French authorities and assisted in defeating the numerous appeals which Masters lodged. Ultimately, the French Supreme Court ordered his return to the UK, and Gwent Police delivered him back within our jurisdiction on 20th March 2003.

The Recorder of Cardiff ordered that no credit be given for the time he had spent in a French jail fighting his extradition (22 months) and that he should receive nine months for his absconding to be served consecutively with the twelve years originally handed down.

DEVELOPING A MODERN, DIVERSE ORGANISATION, IN WHICH STAFF TAKE PRIDE

The CPS has developed a stronger identity, with more people, well equipped with the tools and skills to deliverand continued its efforts to become a beacon organisation in terms of equality and diversity, both as a prosecutor and as an employer.

People

Recruitment

Additional resources have allowed The CPS to recruit more staff. By March 2003 The CPS employed 7,046 people, 600 more than at March 2002. Of these 6,103 worked in Areas prosecuting or supporting prosecutions, and 943 worked in Service Centres supporting Areas and at national Headquarters in London, Birmingham and York.

During the year, The CPS met the Government’s Manifesto commitment for 300 more lawyers.

Representative Workforce

The CPS has exceeded all but one of its 2002 targets for a more representative workforce, and all but three of its targets for 2005. We are currently revisiting these targets to ensurethat they remain challenging and that our workforce is fully representative of the communities we serve.

Higher Courts Advocates and Designated Caseworkers

By the end of 2002-2003 The CPS had 435 Higher Courts Advocates (HCAs) able to exercise rights of audience in the Higher Courts and a further 20 staff became Designated Caseworkers (DCWs), bringing the total of such staff up to 262.

A review of the work of DCWs reported that The CPS had significantly benefited from the development of a cadre of lay prosecutors who can support the overall prosecution process.A priority for the future is to ensure that The CPS uses DCWs as fully as possible, allowing the Service to use the expertise of our lawyers to prosecute the more serious cases, and to take on the responsibilities arising from roll-out of the charging initiative.

The statutory powers of Designated Caseworkers is at Annex D.

Area Business Managers

During 2002-2003, The CPS enhanced the role of Area Business Managers (ABMs), to take on more responsibility for the management of the Areas. This will free up the time of Chief Crown Prosecutors to concentrate on improving the quality of prosecution decision-making and advocacy, building effective partnerships in their local CJS and extending community engagement. Together the CCPs and ABMs will provide a much stronger leadership team in each Area to drive forward delivery.

Over half of the ABM posts were advertised and filled through competitive recruitment. Around 30% of our ABMs are newappointments.

Equality in Employment: Minority Ethnic Staff

Staff Category	2002 Target	2005 Target	Staff in post April 2003
B2	4.5%	6%	10.2%
B3	1.5%	2.5%	5.5%
D	2.5%	3%	6.2%
E	2%	3%	8.6%
CCP	4%	7%	7%
SCS	5%	11%	5%

Reshaping the role of the Human Resources Directorate

Following the appointment of a new HR Director, The CPS is developing the role of its HR Directorate to support CPS business through better management and development training, addressing personal under performance, responding to concerns raised in the staff attitude survey and getting the right pay and reward and competency systems in place.

2002 Staff Survey

The CPS’s second staff attitude survey was carried out in March 2002. The survey showed a reduction in stress levels compared to the 2000 survey. It also highlighted leadership, management, communications and public image as areas for improvement.

In response, Transform, a new leadership and management development programme, has been developed for CPS staff. A proactive approach to the media is being taken at both Area and national level and the intranet is being developed to improve internal communications. The CPS Policy on Stress is being reviewed and a booklet designed to help staff manage pressure at work will be issued during the summer of 2003. A full review of Counselling and Support Services in The CPS is underway and will conclude by September 2003.

Childcare

The CPS continues to operate a Childcare Support Scheme in which the Department contributes to the cost of childcare for staff. During 2002-2003, 700 staff benefited from the scheme. In 2002, The CPS extended the entitlement of eligible staff to paid leave when adopting a child to the same level as maternity leave.

Training for Senior Managers

The first Employment Tribunal Masterclass was designed and delivered for senior managers in December 2002. This programme aims to promote a better understanding of the employment law framework and employment tribunal issues relating to discrimination.

CPS London – celebrating success

In March 2003, CPS London held an awards ceremony to celebrate the commitment and performance of its staff.

The awards ceremony was hosted by Richard Horwell, First Senior Treasury Counsel, who announced more than 20 winners, chosen from nominations submitted by CPS London colleagues.

Winners were presented with Oscars by the Director of Public Prosecutions and included awards for Prosecutor, Designated Caseworker, Caseworker and Administrator of the year.

EQUALITY AND DIVERSITY

Commission for Racial Equality

Investigation In September 2002, the Commission for Racial Equality lifted its formal investigation into The CPS. This was in recognition of the fact that all ten recommendations made in an independent report into race in The CPS by Sylvia Denman had been addressed. These included completion of diversity awareness training for all staff, a Dignity at Work campaign, the launch of a new complaints procedure, including the provision of external investigators, a new informal complaints procedure and advisors to support staff who have a concern over an equality and diversity issue or who wish to make a complaint.

Equality and Diversity Officers

The CPS recruited eleven Equality and Diversity Officers (EDOs) who assist the 10 Area Family Groups and Headquarters on community engagement and equality and diversity issues. The EDOs advise senior managers on developing effective links with local communities and representative groups and on the impact of prosecution and employment practices.

Race Equality Scheme

The CPS Race Equality Scheme was launched by the Attorney General, the Director of Public Prosecutions and the Chair of the Commission for Racial Equality in May 2002. The scheme, one of the first in Whitehall, was developed to comply with new legislation introduced by the Race Relations (Amendment) Act 2000 and is unique in having had community involvement in shaping its format and in prioritising the policies needing review. It has since been used by the Commission for Racial Equality as an example of best practice in this area.

Equality and Diversity Awards

In October 2002, two hundred people attended the first Annual CPS Equality and Diversity Awards ceremony, hosted by Floella Benjamin. There were 47 nominations in three categories: conduct of cases, Human Resources initiatives, and devising or implementing policies, procedures or systems. Awards were adjudicated by a panel of external experts in the field of equality and diversity and CPS staff.

Amderdeep Somal, a Prosecution Team Leader from CPS Nottinghamshire, received a commendation award at The CPS Equality and Diversity Awards ceremony for her work in raising the profile of domestic violence within minority ethnic communities both locally and nationally. Amerdeep sits on the committee of Roshni (Nottingham Asian Women’s Aid), a charity giving advice and refuge to victims of violence.

Equality in decision-making

During the year, Professor Gus John undertook a review of 13,000 prosecution files to assess equality in CPS decisionmaking with regard to ethnicity and gender of defendants. It is anticipated that Professor John’s findings will be presented in Autumn 2003.

HMCPSI Review of Casework having a minority ethnic dimension

In April 2002, HM CPS Inspectorate presented a report on the way in which The CPS deals with cases having a minority ethnic dimension. The review recognised that there had been encouraging improvements in the identification of racist incidents, and identified further work to improve the way such cases were handled. Specific actions in response to the review include the development of a public policy statement on prosecuting racially and religiously motivated crimes, to be published in the Summer 2003.

BUSINESS AND INFORMATION SYSTEMS

CPS e-Strategy

During 2002-2003, The CPS developed a new e-Strategy setting out how it will use information and communications technology to transform the way it manages cases and prosecutes offenders, improves its communications with victims and witnesses and makes the maximum possible contribution to joining up criminal justice information technology systems.

COMPASS

A key component of the e-strategy is COMPASS, the partnership between The CPS and LogicaCMG. Building on the introduction of a modern, networked IT system across The CPS, the next phase of COMPASS is an Initial Case Management System (ICMS), which has been successfully developed and piloted in three CPS Areas during 2002-2003.

The development of the case management system passed an Office of Government Commerce (OGC) Gateway Review with flying colours and full rollout to all 42 Areas began in April 2003 and will be completed by December 2003. Work has also started on further developing the case management system to support The CPS role in charging, and is on schedule to roll out from April 2004.

The case management system will be a key element in the Government’s vision of a “joined-up” criminal justice system.

Freedom of Information

The CPS is on course to meet the Government’s target to manage all newly created public records electronically by 2004 and for the introduction of the Freedom of Information Act which is to be fully implemented by January 2005.

Conference of UK Prosecuting Authorities Forum

Under the sponsorship of the Attorney General, the Business and Information Systems Directorate has taken the lead in organising a twice-yearly ‘Conference of UK Prosecuting Authorities Forum’, involving all of the main prosecuting authorities to support the drive to modernise prosecuting, and wider criminal justice, through modern technology. The first event was held in London during October 2002, with the second held in Belfast in April 2003 when we delivered a presentation on The CPS e-Strategy.

R-v- O’Flaherty et al

In spring 2002, a prosecution involving the use of DVD technology in presenting the case led to the conviction of all six defendants on charges of murder and violent disorder.

The public disorder leading up to the murder was captured on town centre CCTV, and also by a witness using a private video. In total the video evidence amounted to over two hundred and fifty hours of viewing material.

To streamline this material for the Jury, the prosecution used DVD technology to isolate shots of importance in presenting their case. Through the use of ‘shadow’ or ‘halo’ technology, the prosecution were able to highlight individual defendants and their actions and led to all defendants admitting being at the scene of the murder.

ENHANCING THE ROLE OF HEADQUARTERS

HQ Review

During 2002-2003, The CPS commissioned an independent review of its Headquarters structure, to develop a more efficient and effective centre. The review introduced a new Business Development Directorate, whose role is to strengthen the links between Areas and HQ in co-ordinating and implementing changes and new reforms; to provide support to Areas in delivering against PSA targets; to improve CPS communications and knowledge management, and to secure the benefits of the new COMPASS case management system.

The introduction of the Business Development Directorate is enabling the Policy Directorate to focus more closely on influencing CJS thinking and reform so that legislative proposals are practicable; and the Finance Directorate to concentrate on securing the maximum return on investment in The CPS.

Service Centres

The HQ Review also made proposals for the management of Service Centres. A new Support Services Manager has been appointed to be responsible for the quality and effectiveness of administrative services provided to Areas and to develop a greater customer service focus in the way those services are delivered. The Support Service Manager will also conduct a strategic review of the way The CPS delivers support services and make recommendations for any improvements in the way those services can be delivered.

Headquaters Organisation

Departments reporting to Chief Executive: Richard Foster and DPP: Sir David Clavert-Smith

• Director of Policy: Garry Patten
• Head oF Equality and Diversity: Rohan Collier
• Director of Business Development: Peter Lewis
• Director of Casework: Chris Newell
• Director of Finance: John Graham
• Director of Business Information Systems: Claire Hamon
• Director of Human Resources: Angela o'Connor
• Chief Crown Prosecutors (42) and Area Business Managers (42)

Service Centres report to the Director of Human Resources, The Chief Crown Prosecutors and the Area Business Managers

Section Two

Expenditure and Performance

2000 SPENDING REVIEW

The outcome of the Spending Review 2000, announced in July 2000, set budgets for the Service for the three years from 2001-2002 to 2003-2004 which were £374/391/403 million. The spending plans for the Service and for other criminal justice departments recognised the important links between the police, prosecution and the courts and sought to encourage greater joint planning and management of the criminal justice system.

CJS Reserve

As part of the 2000 Spending Review plans, the Treasury created a criminal justice reserve worth £525 million over the three years up to 2003-2004. The reserve was set aside to provide funding for unforeseen pressures and trilaterally agreed new initiatives.

The Attorney General, the Home Secretary and the Lord Chancellor must all agree to the use of the reserve and the release of funding has also to be agreed by the Treasury. Ministers agreed to invest £59.19 million resource and £1.7 million capital in The CPS from the reserve in 2002-2003, in order to speed up the reform of the service.

The investment will enable the Service to direct additional resources to the more serious cases, bring more robbery offences to justice, provide better support for victims and to implement the recommendations of Speaking up For Justice.

EXPENDITURE 2002-2003

Our total planned net expenditure within the Departmental Expenditure Limit (DEL) to 31st March 2003 was £453 million. This was an increase of £49 million in real terms on 2001-2002 and 29% more than 2000-2001 in real terms.

Administration Costs (mainly salaries and accommodation)	£343million
Of which CJS reserve	£59million
Prosecution Costs	£110million

Our outturn on expenditure to 31 March 2003 was £334 million on administration costs and £116 million on prosecution costs.The figure for prosecution costs was offset by £29 million received in costs awarded against convicted defendants. The expenditure includes counsel’s fees, witness expenses and other prosecution costs. In addition, the Service had a capital budget of £12 million of which £6 million was provided by the Capital Modernisation Fund.

2002 SPENDING REVIEW

CPS budgets for 2003-2004 and the following two years were determined through the Spending Review 2002, the results of which were announced in July 2002.

The Service received additional funding to continue its reform programme and to develop and implement the COMPASS case management system. The CPS will also focus resources on its contribution to delivery of a step change in criminal justice performance through closer partnership working with the police in respect of early advice and assuming responsibility for charging. The aim of the Service is to ensure that prosecution cases proceed on the right charge at the earliest opportunity, and to reduce significantly the number of ineffective trials.

The CPS received additional funding from SR2002 of £10.1/28.7/43.8 million in resource over three years and £2.7/3.4 million capital over the latter two years of the review period. The Treasury recognised the important contribution the criminal justice reserve made to supporting greater joint planning and management of the criminal justice system and the Reserve will continue for the SR2002 period.

CASEWORK

PERFORMANCE

In these statistics, a defendant represents one person in a single set of proceedings, which may involve one or more charges. 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 by the 42 Areas of the Service, but do not include the specialised casework handled by Casework Directorate.

Chart 1 Magistrates – courts: caseload

Magistrates Court Case Load	2000-01	2001-02	2002-03
Sent by the Police	1,353,788	1,373,755	1,435,981
Dealt with by The CPS	1,354,713	1,359,205	1,435,763

Chart 1 shows as sent by the police the number of defendants whose case was received from the police during the year, and as dealt with by The CPS the number whose case was completed in 2002-03 and the two preceding years. Both totals include cases in which The CPS advised the police before proceedings began.

Our caseload has increased. The number of defendant cases the police sent to us during 2002-03 rose by 4.5% compared with 2001-2002 and the number we dealt with rose by 5.6%. The number of defendants whose case is sent to The CPS depends on several factors, including the number of arrests, the number of offences cleared up by the police, and the number of offenders cautioned by the police. 2000-01 2001-02 2002-03

Chart 2 Magistrates – courts: types of cases

Magistrates Court: Types of Cases	2000-01	%	2001-02	%	2002-03	%
Summary	754,725	55.7	760,542	56	796,742	55.5
Indictable/either way	539,322	39.8	543,643	40	565,570	39.4
Advice	47,680	3.5	44,519	3.3	64.456	4.5
Other Proceedings	12,986	1	10,414	0.8	8,853	0.6
Total	1,354,713		1,359,118		1,453,621

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/either way: indictable only cases can be tried only in the Crown Court, but either way cases may either be tried in magistrates’ courts or in the Crown Court;
• advice: these are cases in which The CPS advised the police before proceedings began;
• other proceedings: non-criminal matters, such as forfeiture proceedings under the Obscene Publications Acts.

There was little change in the make-up of proceedings compared with the previous year:

Chart 3 Magistrates – courts: completed cases

Magistrates Court Completed Cases	2000-01	%	2001-02	%	2002-03	%
Hearings	942,528	72.8	944,929	72.5	990,500	72.7
Discontinuances	167,988	13.0	171,381	13.1	172,072	12.6
Commitals	83,400	6.4	86,794	6.7	92,649	6.8
Other Disposals	100,131,	7.7	100,260	7.7	107,091	7.9
Total	1,294,047		1,303,364		1,362,312

Chart 3 shows how defendant cases were completed during the year. Cases may proceed in a number of ways, depending on the circumstances and on the decisions which The CPS has to make in response:

• hearings: cases which proceeded either to a guilty plea or to a not guilty plea and full trial;
• discontinuances: when proceedings had to be discontinued in accordance with the code for Crown Prosecutors. Circumstances often leave The CPS no choice but to discontinue: for example when witnesses fail to attend court or change their evidence; when defendants wait until the day of the trial before producing documents proving their innocence (such as a driving licence); or when the police are unable to fill gaps in the evidence;
• committals: when the defendant in a more serious case was committed or sent for trial in the Crown Court;
• other disposals: these comprise cases in which the defendant was bound over to keep the peace, and committal proceedings in which the defendant was discharged after the court considered evidence. Also included are cases which could not proceed because the defendant could not be traced by the police, or had died; or where proceedings were adjourned indefinitely. These cases are not discontinued. The majority could not proceed because the police could not find a defendant: if the defendant is subsequently traced, then the prosecution may continue.

Chart 4: Magistrates – courts: case results

Magistrates Court Case Results	2000-01	%	2001-02	%	2002-03	%
Guilty Pleas	774,453	81.8	781,878	82.3	811,583	81.5
Proofs in Absence	116,953	12.4	114,509	12.1	126,518	12.7
Convictions after trial	38,400	4.1	36,918	3.9	40,391	4.1
Dismissals	16,506	1.7	16,588	1.7	17,197	1.7
Total	946,312		949,893		995,689

Chart 4 shows the outcome of the 72.7% of cases which proceeded to a hearing, divided into guilty pleas, cases proved in the absence of the defendant, convictions after trial and dismissals.

98.3% of hearings resulted in a conviction, unchanged compared with the previous year.

Where a defendant pleads guilty to some charges in a set of proceedings, and not guilty to others, the above figures include both the guilty plea and the outcome of the subsequent contested hearing.

Chart 5: Crown Court caseload

Cases Received:

• 2000-02: 115,603
• 2001-02: 120,463
• 2002-03: 125,123

Cases Dealt with by The CPS:

• 2000-02: 115,732
• 2001-02: 115,014
• 2002-03: 125,709

Chart 5 shows as received the number of defendants who came before the Crown Court and as dealt with the number whose case was completed.

The number of defendant cases received during 2002-03 rose by 3.9%, while the number dealt with rose by 9.3%.

Chart 6: Crown court case categories

Crown Court Case Categories	2000-01	%	2001-02	%	2002-03	%
Committed for Trial	82,599	71.4	84,335	73.3	94,546	75.2
Appeals	12,794	11.1	11,841	10.3	11,504	9.2
Committed for Sentence	20,337	17.6	18,838	16.4	19,659	15.6
Total	115,730		115,014		125,709

Chart 6 shows the categories of cases handled in the Crown Court:

committed for trial: all indictable only cases, and some either way cases, are sent (committed) from magistrates’ courts for trial in the Crown Court;

appeals: defendants tried in magistrates’ courts may appeal to the Crown Court against their conviction and/or sentence;

committed 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.

Chart 7: Crown Court: source of committals for trial

Crown Court:Source of committals for Trial	2000-01	%	2001-02	%	2002-03	%
Magistrates direction	38,914	47.1	36,740	43.6	40,274	42.6
Defendants’ elections	16,351	19.8	14,956	17.7	15,051	15.9
Indictable only	27,333	33.1	32,639	38.7	39,221	41.5
Total	82,598		84,335		94,546

Magistrates’ directions: 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 proceedings which can only be tried in the Crown Court.

Indictable only cases are the most serious of all. In 2002-03, these rose to 41.5% of the total compared with only 18.2% in 1991-92.

Chart 8: Crown Court: completed cases

Crown Court: completed cases	2000-01	%	2001-02	%	2002-03	%
Trials (including guilty pleas)	69,733	84.4	69,459	82.4	78,109	82.6
Not proceeded with	10,145	12.3	11,825	14.0	13,440	14.2
Bind overs	1,392	1.7	1,461	1.7	1,231	1.3
Other disposals	1,329	1.6	1,590	1.9	1,766	1.9
Total	82,599		84,335		94,546

Cases against defendants committed for trial in the Crown Court can by completed in several ways:

trials: these include both cases in which the defendant pleaded guilty, and cases in which the defendant pleaded not guilty and the case proceeded to a contested hearing;

cases not proceeded with: when the process of continuous review reveals shortcomings in the prosecution case. Also included are cases where the defendant has serious medical problems; or has already been dealt with for other offences; orwhen witnesses are missing. In all of these circumstances, The CPS must offer no evidence, and the court will usually enter a formal verdict of not guilty. Cases sent to the Crown Court under s51 Crime and Disorder Act 1998 and subsequently discontinued are also included in this total: it is not possible to show the number of these disposals separately;

bind overs: when charges do not proceed to a trial, and the defendant is bound over to keep the peace;

other disposals: when the prosecution cannot proceed because a Bench Warrant has been issued for the arrest of a defendant who fails to appear; or the defendant has died; or is found unfit to plead. If the police trace a missing defendant, then proceedings can continue.

The increase in the proportion of defendants whose case was not proceeded with was, in part, due to the implementation of s51 Crime and Disorder Act with effect from January 2001. This introduced a new procedure whereby indictable only cases are sent directly to the Crown Court without a committal hearing. Thus, where consideration of the evidence and the public interest shows that a case cannot continue, no opportunity for discontinuance arises until the case has already reached the Crown Court.

Chart 9: Crown Court: case results

Crown Court: Case Results	2000-01	%	2001-02	%	2002-03	%
Guilty Pleas	51,596	72.7	51,824	73.2	58,624	73.5
Convictions after trial	10,823	15.2	11,000	15.5	13,099	16.4
Acquittals	8,600	12.1	7,956	11.2	8,073	10.1
Total	71,019		70,780		79,796

Chart 9 shows the outcome of the 82.6% of defendants whose case proceeded to trial. These are divided into guilty pleas, convictions after full trial, and acquittals. 89.9% of defendants were convicted, compared with 88.7% in 2001-02

Where a defendant pleads guilty to some counts on the indictment, and not guilty to others, the above figures include both the guilty plea and the outcome of the subsequent contested hearing.

Chart 10: Crown Court acquittals

Crown Court Acquittals	2000-01	%	2001-02	%	2002-03	%
Acquittal after trial:	6,845	79.6	6,485	81.5	6,573	81.4
Judge directed acquittals	1,755	20.4	1,471	18.5	1,500	18.6
Total	8,600		7,956		8,073

10.1% of defendants were acquitted in Crown Court trials. Chart 10 shows the number of these acquitted by the jury at the end of the trial, and the number acquitted at the direction of the judge at the conclusion of the prosecution case.

Judge directed acquittals fell from 2,532 in 1991-92 (11.9% of contested hearings) to 1,500 (7.1% of contested hearings) in 2002-03.

The above figures include acquittals following a mix of guilty and not guilty pleas 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 during 2002-03 was 29.2%, compared with 30.0% for 2001-02.

Annexes

Annex A

THE CODE FOR CROWN PROSECUTORS

1. INTRODUCTION

1.1 The decision to prosecute an individual is a serious step. Fair and effective prosecution is essential to the maintenance of law and order. Even in a small case a prosecution has serious implications for all involved – victims, witnesses and defendants. The Crown Prosecution Service applies the Code for Crown Prosecutors so it can make fair and consistent decisions about prosecutions.

1.2 The Code helps The Crown Prosecution Service to play its part in making sure that justice is done. It contains information that is important to police officers and others who work in the criminal justice system and to the general public. Police officers should take account of the Code when they are deciding whether to charge a person with an offence.

1.3 The Code is also designed to make sure that everyone knows the principles that The Crown Prosecution Service applies when carrying out its work. By applying the same principles, everyone involved in the system is helping to treat victims fairly but effectively.

2. GENERAL PRINCIPLES

2.1 Each case is unique and must be considered on its own facts and merits. However, there are general principles that apply to the way in which Crown Prosecutors must approach every case.

2.2 Crown Prosecutors must be fair, independent and objective. They must not let any personal views about ethnic or national origin, sex, religious beliefs, political views of the sexual orientation of the suspect, victim or witness influence their decisions. They must not be affected by improper or undue pressure from any source.

2.3 It is the duty of Crown Prosecutors to make sure that the right person is prosecuted for the right offence. In doing so, Crown Prosecutors must always act in the interests of justice and not solely for the purpose of obtaining a conviction.

2.4 It is the duty of Crown Prosecutors to review, advise on and prosecute cases, ensuring that the law is properly applied, that all relevant evidence is put before the court and that obligations of disclosure are complied with, in accordance with the principles set out in this Code.

2.5 The Service is a public authority for the purposes of the Human Rights Act 1998. Crown Prosecutors must apply the principles of the European Convention on Human Rights in accordance with the Act.

3. REVIEW

3.1 Proceedings are usually started by the police. Sometimes they may consult The Crown Prosecution Service before starting a prosecution. Each case that The Crown Prosecution Service receives from the police is reviewed to make sure it meets the evidential and public interest requirements set out in this Code. Crown Prosecutors may decide to continue with the original charges, to change the charges, or sometimes to stop the case.

3.2 Review is a continuing process and Crown Prosecutors must take account of any change in circumstances. Wherever possible, they talk to the police first if they are thinking about changing the charges or stopping the case. This gives the police the chance to provide more information that may affect the decision. The Crown Prosecution Service and the police work closely together to reach the right decision, but the final responsibility for the decision rests with The Crown Prosecution Service.

4. THE CODE TESTS

4.1 There are two stages in the decision to prosecute. The first stage is the evidential test. If the case does not pass the evidential test, it must not go ahead, no matter how important or serious it may be. If the case does meet the evidential test, Crown Prosecutors must decide if a prosecution is needed in the public interest.

4.2 The second stage is the public interest test. The Crown Prosecution Service will only start or continue with a prosecution when the case has passed both tests. The evidential test is explained in section 5 and the public interest test is explained in section 5 and the public interest test is explained in section 6.

5. THE EVIDENTIAL TEST

5.1 Crown Prosecutors must be satisfied that there is enough evidence to provide a ‘realistic prospect of conviction’ against each defendant on each charge. They must consider what the defence case may be, and how that is likely to affect the prosecution case.

5.2 A realistic prospect of conviction is an objective test. It means that a jury or bench of magistrates, properly directed in accordance with the law, is more likely than not to convict the defendant of the charge alleged. This is a separate test from the one that the criminal courts themselves must apply. A juror magistrates’ court should only convict if satisfied so that it is sure of a defendant’s guilt.

5.3 When deciding whether there is enough evidence to prosecute, Crown Prosecutors must consider whether the evidence can be used and is reliable. There will be many cases in which the evidence does not give cause for concern. But there will also be cases in which the evidence may not be as strong as it first appears. Crown Prosecutors must ask themselves the following questions:

Can the evidence be used in court?

a. Is it likely that the evidence will be excluded by the court? There are certain legal rules which might mean that evidence which seems relevant cannot be given at a trial. For example, is it likely that the evidence will be excluded because of the way in which it was gathered or because of the rule against using hearsay as evidence? If so, is there enough other evidence for a realistic prospect of conviction?

Is the evidence reliable?

b. Is there evidence which might support or detract from the reliability of a confession? Is the reliability affected by factors such as the defendant’s age, intelligence or level of understanding?

c. What explanation has the defendant given? Is a court likely to find it credible in the light of the evidence as a whole? Does it support an innocent explanation?

d. If the identify of the defendant is likely to be questioned, is the evidence about this strong enough?

e. Is the witness’s background likely to weaken the prosecution case? For example, does the witness have any motive that may affect his of her attitude to the case, or a relevant previous conviction?

f. Are there concerns over the accuracy or creditability of a witness? Are these concerns based on evidence or simply information with nothing to support it? Is there further evidence which the police should be asked to seek out which may support or detract from the account of the witness?

5.4 Crown Prosecutors should not ignore evidence because they are not sure that it can be used or is reliable. But they should look closely at it when deciding if there is a realistic prospect of conviction.

6. THE PUBLIC INTEREST TEST

6.1 In 1951, Lord Shawcross, who was Attorney General, made the classic statement on public interest, which has been supported by Attorneys General ever since: “It has never been the rule in this country – I hope it never will be – that suspected criminal offences must automatically be the subject of prosecution”. (House of Commons Debates, volume 483, column 681, 29 January 1951.)

6.2 The public interest must be considered in each case where there is enough evidence to provide a realistic prospect of conviction. A prosecution will usually take place unless there are public interest factors tending against prosecution which clearly outweigh those tending in favour. Although there maybe public interest factors against prosecution in a particular case, often the prosecution should go ahead and those factors should be put to the court for consideration when sentence is being passed.

6.3 Crown Prosecutors must balance factors for and against prosecution carefully and fairly. Public interest factors that can affect the decision to prosecute usually depend on the seriousness of the offence or the circumstances of the suspect. Some factors may increase the need to prosecute but others may suggest that another course of action would be better. The following lists of some common public interest factors, both for and against prosecution, are not exhaustive. The factors that apply will depend on the facts in each case. Some common public interest factors in favour of prosecution.

6.4 The more serious the offence, the more likely it is that a prosecution will be needed in the public interest. A prosecution is likely to be needed if:

a. a conviction is likely to result in a significant sentence;

b. a weapon was used or violence was threatened during the commission of the offence;

c. the offence was committed against a person serving the public (for example, a police or prison officer, or a nurse);

d. the defendant was in a position of authority or trust;

e. the evidence shows that the defendant was a ringleader or an organiser of the offence;

f. there is evidence that the offence was premeditated;

g. there is evidence that the offence was carried out by a group;

h. the victim of the offence was vulnerable, has been put in considerable fear, or suffered personal attack, damage or disturbance.

i. the offence was motivated by any form of discrimination against the victim’s ethnic or national origin, sex, religious belief, political views or sexual orientation, or the suspect demonstrated hostility towards the victim based on any of those characteristics.

j. there is a marked difference between the actual or mental ages of the defendant and the victim, or if there is any element of corruption;

k. the defendant’s previous convictions or cautions are relevant to the present offence;

l. the defendant is alleged to have committed the offence whilst under an order of the court;

m. there are grounds for believing that the offence is likely to be continued or repeated, for example, by a history of recurring conduct; or

n. the offence, although not serious in itself, is widespread in the area where it was committed.Some common public interest factors against prosecution

6.5 A prosecution is less likely to be needed if:

a. the court is likely to impose a nominal penalty;

b. the defendant has already been made the subject of a sentence and any further conviction would be unlikely to result in the imposition of an additional sentence or order, unless the nature of the particular offence requires a prosecution;

c. the offence was committed as a result of a genuine mistake or misunderstanding (these factors must be balanced against the seriousness of the offence);

d. the loss or harm can be described as minor and was the result of a single incident, particularly if it was caused by a misjudgement;

e. there has been a long delay between the offence taking place and the date of the trial, unless: the offence is serious; the delay has been caused in part by the defendant; the offence has only recently come to light; or the complexity of the offence has meant that there has been a long investigation;

f. a prosecution is likely to have a bad effect on the victim’s physical or mental health, always bearing in mind the seriousness of the offence;

g. the defendant is elderly or is, or was at the time of the offence, suffering from significant mental or physical ill health, unless the offence is serious or there is a real possibility that is may be repeated. The Crown Prosecution Service, where necessary, applies Home Office guidelines about how to deal with mentally disordered offenders. Crown Prosecutors must balance thedesirability of diverting a defendant who is suffering from significant mental or physical ill health with the need to safeguard the general public;

h. the defendant has put right the loss or harm that was caused (but defendants must not avoid prosecution solely because they pay compensation); or i details may be made public that could harm sources of information, international relations or national security.

6.6 Deciding on the public interest is not simply a matter of adding up the number of factors on each side. Crown Prosecutors must decide how important each factor is in the circumstances of each case and go in to make an overall assessment. The relationship between the victim and the public interest

6.7 The Crown Prosecution Service prosecutes cases on behalf of the public at large and not just in the interests of any particular individual. However, when considering the public interest test Crown Prosecutors should always take into account the consequences for the victim of the decisions whether or not to prosecute, and any views expressed by the victim or the victim’s family.

6.8 It is important that a victim is told about a decision which makes a significant difference to the case in which he or she is involved. Crown Prosecutors should ensure that they follow any agreed procedures.Youths

6.9 Crown Prosecutors must consider the interests of a youth when deciding whether it is in the public interest to prosecute. However Crown Prosecutors should not avoid prosecuting simply because of the defendant’s age. The seriousness of the offence or the youth’s past behaviour are very important.

6.10 Cases involving youths are usually only referred to The Crown Prosecution Service for prosecution if the youth has already received a reprimand and final warning, unless the offence is so serious that neither of these were appropriate. Reprimands and final warnings are intended to prevent re-offending and the fact that a further offence has occurred indicates that attempts to divert the youth from the court system have not been effective. So the public interest will usually require a prosecution in such cases, unless there are clear public interest factors against prosecution. Police Cautions

6.11 These are only for adults. The police make the decision to caution an offender in accordance with Home Office guidelines.

6.12 When deciding whether a case should be prosecuted in the courts, Crown Prosecutors should consider the alternatives to prosecution. This will include a police caution. Again the Home Office guidelines should be applied. Where it is felt that a caution is appropriate, Crown Prosecutors must inform the police so that they can caution the suspect. If the caution is not administered because the suspect refuses to accept it or the police do not wish to offer it, then the Crown Prosecutor may review the case again.

7. CHARGES

7.1 Crown Prosecutors should select charges which:

a. reflect the seriousness of the offending;

b. give the court adequate sentencing powers; and

c. enable the case to be presented in a clear and simple way. This means that Crown Prosecutors may not always continue with the most serious charge where there is a choice.

Further, Crown Prosecutors should not continue with more charges than are necessary.

7.2 Crown Prosecutors should never go ahead with more charges than are necessary just to encourage a defendant to plead guilty to a few. In the same way, they should never go ahead with a more serious charge just to encourage a defendant to plead guilty to a less serious one.

7.3 Crown Prosecutors should not change the charge simply because of the decision made by the court of the defendant about where the case will be heard.

8. MODE OF TRIAL

8.1 The Crown Prosecution Service applies the current guidelines for magistrates who have to decide whether cases should be tried in the Crown Court when the offence gives the option and the defendant does not indicate a guilty plea. (See the ‘National Mode of Trial Guidelines’ issued by the Lord Chief Justice.) Crown Prosecutors should recommend Crown Court trial when they are satisfied that the guidelines require them to do so.

8.2 Speed must never be the only reason for asking for a case to stay in the magistrates’ courts. But Crown Prosecutors should consider the effect of any likely delay if they send a case to the Crown Court, and any possible stress on victims and witnesses if the case is delayed.

9. ACCEPTING GUILTY PLEAS

9.1 Defendants may want to plead guilty to some, but not all, of the charges. Alternatively, they may want to plead guilty to a different, possibly less serious, charge because they are admitting only part of the crime. Crown Prosecutors should only accept the defendant’s plea if they think the court is able to pass a sentence that matches the seriousness of the offending, particularly where there are aggravating features. Crown Prosecutors must never accept a guilty plea just because it is convenient.

9.2 Particular care must be taken when considering please which would enable the defendant to avoid the imposition of a mandatory minimum sentence. When pleas are offered, Crown Prosecutors must bear in mind the fact that ancillary orders can be made with some offences but not with others.

9.3 In case where a defendant pleads guilty to the charges but in the basis of facts that are different from the prosecution case, and where this may significantly affect sentence, the court should be invited to hear evidence to determine what happened, and then sentence on that basis.

10. RE-STARTING A PROSECUTION

10.1 People should be able to rely on decisions taken by The Crown Prosecution Service. Normally, if The Crown Prosecution Service tells a suspect or defendant that there will not be a prosecution, or that the prosecution has been stopped, that is the end of the matter and the case will not start again. But occasionally there are special reasons why The Crown Prosecution Service will re-start the prosecution, particularly if the case is serious.

10.2 These reasons include:

a. rare cases where a new look at the original decision shows that it was clearly wrong and should not be allowed to stand;

b. cases which are stopped so that more evidence which is likely to become available in the fairly near future can be collected and prepared. In these cases, the Crown Prosecutor will tell the defendant that the prosecution may well start again; and

c. cases which are stopped because of a lack of evidence but where more significant evidence is discovered later.

The Code is a public document and is available on our website.

Further copies may be obtained from: Crown Prosecution Service Publicity Branch 50 Ludgate Hill London EC4M 7EX

Annex B

PERFORMANCE AGAINST SR2000 PSA TARGETS

TARGETS

Ensure by 2004 that the levels of the fear of crime in the key categories of violent crime, burglary and car crime, reported in the British Crime Survey (BCS) are lower than the level reported in BCS 2001.

LATEST OUTTURN

Baseline established from BCS 2001; percentage very worried about crime in key categories was 22% (violent crime); 16% (burglary) and 19% (vehicle crime). BCS interviews during the year ending Sep 2002 show that fear of crime in the key categories of violent crime (21%), burglary (15%) and vehicle crime (17%) have fallen.

TARGETS

By 2004 improve levels of public confidence in the CJS, including improving that of ethnic minority communities.

LATEST OUTTURN

It is not possible to provide reliable trend data on changes in public confidence from the British Crime Survey due to changes in its design. However, with this caveat, levels of confidence for three indicators appear to have risen between the 2000-01 and 2001-02 surveys (meets needs of victims – 26% to 34%; deals with cases promptly – 34% to 39%; respects rights of accused – 69% to 76%) but fallen in relation to confidence in bringing people to justice (46% to 44%)

TARGETS

To increase the number and proportion of recorded crimes for which an offender is brought to justice

LATEST OUTTURN

In the baseline year (99-00) 1.104m offences brought to justice. During 01-02 1.025m were (down 79.3 thousand). Provisional data for the year ending July 02 indicate a reversal of trend, up to 1.038m offences brought to justice

TARGETS

By 2002, improve by 5 percentage points the satisfaction of victims and witnesses with their treatment by the CJS and thereafter at least maintain that level of performance

LATEST OUTTURN

The proportion of victims ‘very or fairly satisfied’ fell to 58% in BCS 2001-02 from 61% in the 2000 BCS. However, overall witness satisfaction has increased by 2% and those ‘happy to be a witness again’ increased by 6%.

TARGETS

By 2004 reduce the time from arrest to sentence or other disposal by:

(i) Reduce by 2004 the time from arrest to sentence or other disposal by reducing the time from charge to disposal for all defendants, with a target to be specified

(ii) Reduce by 2004 the time from arrest to sentence or other disposal by dealing with 80% of youth cases within their time targets

(iii) Halving from 142 to 71 days by 2002 the time taken from arrest to sentence for persistent young offenders (PYOs) and maintaining that level thereafter

LATEST OUTTURN

(i) Subject to ministerial approval each Local Criminal Justice Board (LCJB) is required to propose timeliness targets for their Area. These are subject to ministerial scrutiny and approval will be on the basis that:

LCJBs that are performing below the national average will be required to improve; and,

LCJBs returning above average figures would be allowed some latitude if they felt that this would release resources to deliver a better outcome.

(ii) Subject to ministerial approval each Local Criminal Justice Board (LCJB) is required to propose timeliness targets for their Area. These are subject to ministerial scrutiny and approval will be on the basis that:

LCJBs that are performing below the national average will be required to improve; and,

LCJBs returning above average figures would be allowed some latitude if they felt that this would release resources to deliver a better outcome.

(iii) The average time for the year 2002 was 68 days – a reduction of 7 days from 2001 and of 73 days from the 142 days of the baseline year of 1996. December 2002 was the 15th consecutive month at or below the 71-day target. The figure rose slightly to 72 days in January 2003 (see p14) though the overall time for cases sentenced in the magistrates’ courts was 64 days – cases sentenced in the magistrates courts account for more than nine out of ten persistent young offenders.

TARGETS

By 2004 improve the standard by which the CJS meets the rights of defendants, by achieving 100% of a basket of measures as defined in the CJS Business Plan:

(i) 90% of people in police stations requesting the service of a duty solicitor to receive the service within 45 minutes by March 2002

(ii) 98% of prisons to have a Legal Services Officer by March 2002

(iii) 50% of Magistrates courts to have full access to a comprehensive courts-based bail information scheme by March 2002, rising to 80% by March 2003

(iv) 80% of prisons holding remand prisoners to have a bail information scheme by March 2002 rising to 90% by March 2003

LATEST OUTTURN

Performance against the following has been measured by the Lord Chancellor’s Department:

(i) By March 2002 the success rate was 89% overall (including duty solicitors and clients own solicitors) and 90% for solely duty solicitors

(ii) Target met ahead of schedule

(iii) By September 2002, 65% of Magistrates courts had this scheme in place. Information for March 2003 will be available in July 2003.

(iv) Target met ahead of schedule

Annex C

Designated CaseworkerS:

STATUTORY POWERS OF NON-LEGAL STAFF CASEWORKERS DESIGNATED UNDER SECTION 7A OF THE PROSECUTION OF OFFENCES ACT 1985

PRINCIPLE

The fundamental principle is that Designated Caseworkers will review and present magistrates’ court cases which are straightforward and with no techn