Update on Public Accounts Committee Recommendations
For the first time government departments are required to report how they are taking forward recommendations made by the Public Accounts Committee (PAC). The PAC report on the 'Effective Use of Magistrates' Courts Hearings' was published in October 2006. It made 17 recommendations to the CPS covering case management, the use of technology to improve processes and working with other criminal justice agencies. One recommendation was directed to the Department for Constitutional Affairs (DCA) (now the Ministry of Justice) and six recommendations encouraged closer joint working with other agencies. Below is detailed the progress against the 17 recommendations made in the report.
PAC conclusions (i) to (iv)
PAC conclusion (i): Develop and implement nationally the good local practice operating in Cardiff, so that small teams of lawyers and administrative staff are responsible for progressing all cases from a specific police command unit.
PAC conclusion (ii): Nominate a member of each team to be available during working hours to respond to queries on the team's caseload.
PAC conclusion (iii): Introduce and develop a time recording system to identify whether the CPS has the right mix of legal, caseworker and administrative staff, and to effectively manage its resources.
PAC conclusion (iv): Make full use of the CPS's electronic case management system (COMPASS) capabilities by requiring all CPS staff to update the system when moving files.
Progress on (i)–(iv):
A new business model for the magistrates' courts has been developed drawing on the good practice outlined in the NAO report. The new business model (the OBM) has been implemented in all Areas. A key feature is the implementation of Proactive Case Progression Teams (PCPTs) which ensures that staff are available to respond to queries about their caseload. The OBM means that more effective use is made of legal, caseworker and administrative staff. The CPS continues to explore (through better use of management information and time recording) how to make the best use of staff resources in magistrates' courts. Mandatory recording of file location was introduced across the CPS in April 2008.
PAC conclusion (v)
PAC conclusion (v): Work with Her Majesty's Court Service (HMCS) to establish 24 hour courts as 'one stop shops' in city areas, where those arrested for minor offences could be dealt with immediately.
Progress on (v):
Earlier pilots of 24 hour courts concluded that they did not provide value for money and the criminal justice system has not pursued the idea further since then. The criminal justice system is exploring the use of virtual courts which provide video links between courts and police stations. A pilot of the virtual court is planned for London and further pilots will begin in 2009.
PAC conclusion (vi)
PAC conclusion (vi): The DCA should follow their endorsement of the effectiveness of District Judges, consult further with the Head of the Judiciary, on the case for a significant increase in their number, particularly in city areas, in order to speed up the delivery of summary justice.
HMCS Progress on (vi):
The MOJ believes the current mix of magistrates and district judges continues to deliver the necessary expertise to deal with the workload of the magistrates' courts. District Judges are already concentrated in the main metropolitan areas where the workload is greatest.
The case for creating a new district judge post continues to be based on a business case prepared by HMCS. The Department has begun a review of the process, with the judiciary and interested stakeholders, to ensure that HMCS can continue to provide the service the public expect. Between October 2006 and October 2008 a further nine fulltime district judges were appointed to the magistrates' courts. There are currently about 30,000 magistrates and 141 fulltime district judges (magistrates' courts).
PAC conclusion (vii)
PAC conclusion (vii): Mark cases requiring medical or CCTV evidence as high risk, and review them weekly to obtain the necessary evidence in time for the hearing.
Progress on (vii):
The OBM has introduced a time readiness aspect which ensures that all cases are trial ready two weeks in advance of the magistrates' court listing date. This means that any high risk cases, including those requiring medical or CCTV evidence, are identified and sufficient time exists to gather further evidence as required.
PAC conclusion (viii)
PAC conclusion (viii): Examine the reasons for dropping cases on the day of the trial as part of its regular review of area performance to identify ways in which its processes might be improved.
Progress on (viii):
Information on ineffective trials which includes cases dropped on the day of the trial is available to all 42 Areas. The reasons for ineffective trials are discussed with the CPS's criminal justice partners and lessons are identified to help improve performance in future. The CPS’s performance on cracked and ineffective trials continued to improve in 2007/08.
PAC conclusion (ix)
PAC conclusion (ix): Take a risk based approach to quality assurance, focusing on cases that are more likely to experience delays, and periodically disseminate lessons learned.
Progress on (ix):
Case Management Panels (CMPs) have been instigated to keep the top tier of cases under review. Crown Court cases due to last six months or more (posing greatest risk to the reputation of the CPS) are subject to CMPs chaired by the DPP; cases due to last eight weeks to six months are subject to CMPs led by Chief Crown Prosecutors. CMPs keep prosecution processes, scope, timeliness and resources of high risk cases under regular review throughout the life of the case. In addition Casework Quality Assurance (CQA) is a scheme through which over 25,000 files are examined each year to ensure that quality standards are met. Furthermore, the CPS has established closer monitoring of cases subject to custody time limits.
PAC conclusion (x)
PAC conclusion (x): Provide electronic equipment, which allows legal staff across the CPS to record case information at court and automatically transfer it to the COMPASS system.
Progress on (x):
Links have now been established to 169 courts. The CPS continues to work with HMCS to install links between the courts and the CPS.
PAC conclusion (xi)
PAC conclusion (xi): Provide CPS lawyers during the 2006/07 financial year with technology such as pagers to enable them to be contacted more easily when away from the office.
Progress on (xi):
CPS lawyers can be contacted more easily through the provision of call-forwarding facilities, enabling calls to be automatically forwarded from their office telephone extension to their mobile phone. Blackberry devices are also available to provide mobile email access and in early 2009, it is planned to extend the mobile network access through the provision of 3G network enabled laptops.
PAC conclusion (xii)
PAC conclusion (xii): Equip each CPS office with a DVD player on which to review evidence.
Progress on (xii):
All CPS staff have access to a DVD player on which to review evidence.
PAC conclusion (xiii)
PAC conclusion (xiii): Encourage Local Criminal Justice Boards to seek greater availability of DVD players in courts.
Progress on (xiii):
HMCS, as part of the videolinks upgrade programme, has provided a total of 429 courtrooms with equipment which include DVD players. The technology was used in the CJSSS programme to view evidence and assisted the programme to make the great improvements in timeliness that have been seen in adult magistrates' courts and more recently in youth courts as well.
PAC conclusion (xiv)
PAC conclusion (xiv): Take the lead in initiating discussions with the police, the Courts Service, manufacturers, trade associations, and other interested parties, to explore the scope for a national CCTV standard to provide consistency across the industry.
Progress on (xiv):
This is being dealt with as part of the Home Office's national CCTV Strategy.
PAC conclusions (xv) and (xvi)
PAC conclusion (xv): Seek co-operation from HMCS to list each CPS team's cases together so that lawyers can present more of their own cases in court.
PAC conclusion (xvi): Pursue with HMCS the grouping of straightforward cases in court listings, setting and monitoring joint monthly targets for the number of court sessions covered by designated caseworkers (now known as Associate Prosecutors/APs), thereby releasing lawyers to manage more complex cases.
Progress on (xv) and (xvi):
The CPS and HMCS continue to work together nationally and locally, in line with the Senior Presiding Judge's listing guidance, to improve listing arrangements so that APs can present more cases in the magistrates' courts and Crown Advocates can present more cases in the Crown Court.
PAC conclusion (xvii)
PAC conclusion (xvii): Set up a national protocol with local National Health Service (NHS) trusts to improve the timeliness of medical reports.
Progress on (xvii):
The CPS and the British Medical Association have a draft version of the protocol and this is presently being considered by the Association of Chief Police Officers (ACPO).
