Annual Report 2003-2004
Annex A
Casework Statistics
In these statistics, a defendant represents one person in a single set of proceedings, which may involve one or more charges. A set of proceedings usually relates to an incident or series of related incidents that are the subject of a police file. 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 with by the 42 Areas of the Service, but do not include the specialised casework handled by Casework Directorate.
Chart 1 Magistrates' courts: caseload
Chart 1 shows as referred by the police the number of defendants whose case was received from the police for prosecution or for advice during the year, and as dealt with by the CPS the number whose case was completed in 2003-04 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 2003-04 rose by 9.9% compared with 2002-03 and the number we dealt with rose by 9.7%, although the bulk of this increase was related to the additional work that the CPS has undertaken in providing pre-charge advice to the police.
The number of defendants whose case referred 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.
Magistrates' Court case load |
2001-02 |
2002-03 |
2003-04 |
Referred by the Police |
1,373,755 |
1,435,981 |
1,577,598 |
Dealt with by the CPS |
1,359,205 |
1,435,763 |
1,574,468 |
Chart 2 Magistrates' courts: types of cases
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 either in magistrates' courts or in the Crown Court;
advice: these are cases in which the CPS advised the police before proceedings began. Cases in which the Service made a pre-charge decision in the successful charging pilots in 2002-03 are included here, along with cases dealt with under the Shadow Charging Scheme in 2003-04.These cases contributed to the large increase in the volume of advice work in 2003-04;
other proceedings: non-criminal matters, such as forfeiture proceedings under the Obscene Publications Acts.
Magistrates Court: Types of Cases |
2001-02 |
% |
2002-03 |
% |
2003-04 |
% |
Summary |
760,542 |
56 |
796,742 |
55.5 |
836,973 |
53.2 |
Indictable/either way |
543,643 |
40.0 |
565,570 |
39.4 |
525,345 |
33.4 |
Advice |
44,519 |
3.3 |
64.456 |
4.5 |
194,928 |
12.4 |
Other Proceedings |
10,414 |
0.8 |
8,853 |
0.6 |
17,225 |
1.1 |
Total |
1,359,118 |
1,453,621 |
1,574,471 |
It can be seen that summary cases increased by 5% to 836,973, while indictable and either way cases reduced by 7.1% to 525,345. Much of this reduction can be attributed to the involvement of prosecutors in providing charging advice that has the effect of weeding out weak cases early.This is further evidenced by the reduction in discontinuance in Table 3.
Chart 3 Magistrates' courts: case outcomes
Chart3 shows the outcome of defendant cases 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:
Discontinuances: when proceedings have 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. The figures include both cases discontinued in advance of the hearing and those withdrawn at court. Also included are cases in which the defendant was bound over to keep the peace;
Warrants etc: 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 where proceedings are 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.
Discharges: committal proceedings in which the defendant is discharged. The number of discharges recorded has increased in the last year because the new COMPASSCase Management System provides a more complete and accurate record than was possible in the past;
Dismissals no case to answer: cases in which the defendant pleads not guilty and prosecution evidence is heard, but proceedings are dismissed by the magistrates without hearing the defence case;
Dismissals after trial: cases in which the defendant pleads not guilty and proceedings are dismissed by the magistrates after hearing the defence case;
Proofs in absence: these are mostly minor motoring matters which are heard by the court in the absence of the defendant;
Guilty pleas: where the defendant pleads guilty;
Convictions after trial: cases in which the defendant pleads not guilty but is convicted after the evidence is heard.
| Magistrates Court Case Results | 2001-02 |
% |
2002-03 |
% |
2003-04 |
% |
| Discontinuances (inc. bind overs) |
197,799 |
16.2 |
197,680 |
15.5 |
175,779 |
13.8 |
| Warrants etc | 73,084 |
6.0 |
80,477 |
6.3 |
72,078 |
5.7 |
| Discharges | 758 |
0.1 |
1,006 |
0.1 |
2,225 |
0.2 |
| Dismissals no case to answer | 1,675 |
0.1 |
1,745 |
0.1 |
3,053 |
0.2 |
| Dismissals after trial | 14,913 |
1.2 |
15,452 |
1.2 |
15,997 |
1.3 |
| Proofs in Absence | 114,509 |
9.4 |
126,518 |
9.9 |
152,757 |
12.0 |
| Guilty Pleas | 781,878 |
64.0 |
811,583 |
63.7 |
800,525 |
62.8 |
| Convictions after trial | 36,918 |
3.0 |
40,391 |
3.2 |
52,201 |
4.1 |
| Total | 1,221,534 |
1,274,852 |
1,274,615 |
Convictions rose from 76.8% of all outcomes in 2002-03 to 78.9% in 2003-04, while unsuccessful outcomes fell from 23.2% to 21.1%. Significantly, the volume of successful outcomes- proofs in absence, guilty pleas, and convictions after trial- increased from 978,492 to 1,005,483. This was a positive development, although only convictions for more serious offences count towards the criminal justice system's key target of narrowing the justice gap.
The percentage of cases proceeding to a hearing (trial or guilty plea) resulting in a conviction was 98.1% which is little changed compared with the previous year.
Recent years have seen a gradual downward trend in discontinuance, from 16.2% in 2001-02 to 15.5% in 2002-03, and to 13.8% in 2003-04. Further decreases are anticipated in the future as the charging initiative takes effect.
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 4: Magistrates' courts: committals to the Crown Court
In addition to the above cases, which were completed in magistrates'courts, the following numbers of defendants were committed or sent for trial in the Crown Court:
Magistrates' Courts case load |
2001-02 |
2002-03 |
2003-04 |
Committals for trial |
86,794 |
92,649 |
100,490 |
The increase in cases proceeding to the Crown Court reflects growth in the number of more serious cases handled by the Service.
Chart 5: Crown Court caseload
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 2003-04 rose by 11.4%, while the number dealt with rose by 0.9%.
Crown Court case load |
2001-02 |
2002-03 |
2003-04 |
Received |
1,20,463 |
125,123 |
139,325 |
Dealt with by the CPS |
115,014 |
125,709 |
126,836 |
Chart 6: Crown Court case categories
Chart 6 shows the categories of cases finalised 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.
Crown Court: Types of cases |
2001-02 |
% |
2002-03 |
% |
2003-04 |
% |
Committed for trial |
84,335 |
73.3 |
94,546 |
75.2 |
95,234 |
75.1 |
Appeals |
11,841 |
10.3 |
11,504 |
9.2 |
11,418 |
9.0 |
Committed for sentence |
18,838 |
16.4 |
19,659 |
15.6 |
20,191 |
15.9 |
Total |
115,014 |
125,709 |
126,843 |
Chart 7: Crown Court: source of committals for trial
magistrates' direction: 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 more serious cases which can only be tried in the Crown Court.
In 2003-04, indictable only cases rose to 42.2% of the total compared with only 18.2% in 1991-92.
Crown Court case load |
2001-02 |
% |
2002-03 |
% |
2003-04 |
% |
Magistrates' directions |
36,740 |
43.6 |
40,274 |
42.6 |
41,997 |
44.1 |
Defendants' elections |
14,956 |
17.7 |
15,051 |
15.9 |
13,037 |
13.7 |
Indictable only |
32,639 |
38.7 |
39,221 |
41.5 |
40,200 |
42.2 |
Total |
84,335 |
94,546 |
95,234 |
Chart 8: Crown Court: case outcomes
Cases against defendants committed for trial in the Crown Court can by completed in several ways:
Judge ordered acquittals: If problems with a case are identified after it is committed or sent to the Crown Court the prosecution will offer no evidence to the court, and the judge will then order a formal acquittal of the defendant. Also included are cases where the defendant has serious medical problems; or has already been dealt with for other offences; or when witnesses are missing. Cases sent to the Crown Court under s51 Crime and Disorder Act 1998 and subsequently discontinued are also included in this total. Also included are cases in which charges do not proceed to a trial, and the defendant is bound over to keep the peace;
Warrants etc: 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;
Judge directed acquittals: when the defendant pleads not guilty and a jury is sworn, but the judge directs an acquittal before the defence case is heard;
Acquittalsafter trial: when the defendant pleads not guilty, and is acquitted by the jury after trial:
Guilty pleas: where the defendant pleads guilty
Convictions after trial: cases in which the defendant pleads not guilty but is convicted by the jury
Crown Court case load |
2001-02 |
% |
2002-03 |
% |
2003-04 |
% |
judge ordered acquittals (inc. bind overs) |
13,286 |
15.5 |
14,671 |
15.2 |
14,358 |
14.7 |
warrents etc |
1,390 |
1.9 |
1,766 |
1.8 |
2,171 |
2.2 |
judge directed acquittals |
1,471 |
1.7 |
1,500 |
1.6 |
1,538 |
1.6 |
acquittals after trial |
6,485 |
7.6 |
6,573 |
6.8 |
6,652 |
6.8 |
guilty pleas |
51,824 |
60.5 |
58,624 |
60.9 |
59,537 |
61.1 |
convictions after trial |
11,000 |
12.8 |
13,099 |
13.6 |
13,119 |
13.5 |
Total |
85,656 |
96,233 |
97,375 |
Convictions represented 74.6% of all outcomes, while unsuccessful outcomes amounted to 25.4% in 2003-04. In 2002-3 convictions represented 74.5% and unsuccessful outcomes 25.5%.
The percentage of cases proceeding to a hearing (trial or guilty plea) resulted in a conviction was 89.9% which is, unchanged compared with the previous year.
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 2003-04was 29.9% compared with 29.2% for 2002-03.