The Crown Prosecution Service – Targets Delivery Report – 2002/2003-2005/2006
Presented to Parliament by the Attorney General by Command of Her Majesty February 2003
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Crown Prosecution Service
The Crown Prosecution Service (CPS) was set up in 1986. It is a national prosecution service dealing with criminal cases investigated by the police in England and Wales. The CPS is headed by the Director of Public Prosecutions and employs approximately 6,500 staff.
The role of The CPS is to prosecute criminal cases fairly and effectively by:
- advising the police on cases for possible prosecution;
- reviewing cases submitted by the police;
- preparing cases for the magistrates’ courts and the Crown Court;
- presenting cases at court and instructing private sector advocates where appropriate; and
- working with others to improve the effectiveness and efficiency of the criminal justice system.
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 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.
Aim and Objectives
The Crown Prosecution Service’s overall aim, which reflects the Government’s priorities for the criminal justice system, is:
To contribute to the reduction both of crime and the fear of crime and to increase public confidence in the criminal justice system by fair and independent review of cases and by fair, firm and effective prosecution at court.
The CPS’s objectives are:
- To deal with prosecution cases in a timely and efficient manner in partnership with other agencies;
- 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;
- 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;
- To meet the needs of victims and witnesses in the criminal justice system, in co-operation with other criminal justice agencies.
SR2002 Public Service Agreement Targets
The 2002 Spending Review announced new targets for the criminal justice system. Performance against these new targets will be covered in future Departmental and Autumn Performance Reports. There are three targets as follows:
- 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 2005-06; with an improvement in all CJS areas, a greater increase in the worst 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.
- To increase value for money from the Criminal Justice System by 3 per cent a year.
Delivering these targets is the joint responsibility of The Crown Prosecution Service, Home Office and Lord Chancellor’s Department.
Target
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 2005-06; with an improvement in all CJS areas, a greater increase in the worst performing areas and a reduction in the proportion of ineffective trials.
Delivery
The CPS’s contribution to the delivery of this target will include:
- Targeting particular types of offences, such as the street crime initiative;
- Targeting particular types of offender, for example persistent offenders;
- Providing a structured early advice scheme in all Areas by December 2003.
Target
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.
Delivery
The CPS’s contribution to the delivery of this target will include:
- Improving the service to victims and witnesses of crime;
- Respecting the rights of defendants by scrupulous compliance with the duties of disclosure;
- Enhancing community engagement, particularly minority ethnic communities;
- Improving communications – media, publicity, public relations, internal communications;
- Helping the courts restrain the assets of those involved in serious and acquisitive crime.
Target
To increase value for money from the Criminal Justice System by 3 per cent a year.
Delivery
The CPS’s contribution to the delivery of this target will include:
- Development of our activity based costing system to deliver better distribution of resources across Areas and to provide benchmarks against which individual Areas can assess their relative costs and performance;
- More effective use of available resources through improved procurement practice, and managing the estate to meet changing business practice;
- More effective deployment of Higher Courts Advocates and Designated Caseworkers.
CPS Strategic Plan, 2003-2006, and Business Plan, 2003-2004
The CPS Strategic Plan for 2003 to 2006, and Business Plan for 2003 to 2004, set out in more detail the work which the Service will carry out in support of the SR2002 PSA targets, and also have a wider coverage, including both financial and human resources and CPS training and development intentions.
Recent Initiatives
The CPS has continued to work closely with the police and the courts on a range of initiatives to improve the performance of the criminal justice system.
Persistent Young Offenders
The CPS has worked with its criminal justice partners to achieve the Government’s pledge to halve the time taken to deal with persistent young offenders from 142 days to 71 days. The target was met by September 2001. The time taken to deal with persistent young offenders was 67 days in October 2002.
Street Crime
The CPS, the police and the courts have worked together to target street crime. As a result, street crime has been reduced by 16 per cent since April 2002. The CPS has played a central role by developing a premium service under which experienced prosecutors: give the police advice during the investigation to strengthen the case and target resources effectively; advise on the choice of charge so that it is right first time; and work closely with the police after the court process has begun to make sure that the case is in the best possible state by the time that the trial takes place. Particular attention is being paid to the needs of street crime victims and witnesses, in particular providing them with the necessary information and support to see them through the judicial process.
Preparatory Pilots on Charging
Lord Justice Auld’s Review of the Criminal Courts, October 2001, recommended that The CPS should take over responsibility for the decision to charge except in minor cases. The CPS and the police have been running pilots in five Areas to assess the practicalities. The CPS has provided more early pre-charge advice to the police and the results so far suggest there has been a sharp fall in the number of discontinued cases, more early guilty pleas, a significant increase in the plea rate at first hearing and that there could be worthwhile benefits for the criminal justice system as a whole.
The CPS will also provide a structured early advice scheme in all Areas by December 2003.
Collocation: Criminal Justice Units and Trials Units
The Law Officers’ Departmental Report, published in June 2002, described progress with the Glidewell recommendation to join together the administrative work undertaken by the police and The CPS in collocated police/CPS Criminal Justice Units, and to establish Trials Units. Collocation has been shown to streamline the case building process and to produce better prepared cases, a reduction in the number of discontinued cases, a reduction in unnecessary delay and improved disclosure of material to the defence. By March 2002, 20% of The CPS’s caseload was dealt with by collocated Criminal Justice Units. By 31 March 2003, 93 collocated Criminal Justice Units will have been established in 33 Areas, handling approximately 57% of CPS work in magistrates’ courts, and 39 Trial Units, which include a police presence, will have been established in 28 Areas, handling about 47% of Crown Court business.
Victims and Witnesses
From October 2002, every CPS Area has been writing to victims when the charges in their case have been changed, to explain why and, where the case has had to be discontinued, why that decision has been taken. The preparation leading up to October 2002 was a significant 18-month project which required extensive training for lawyers and caseworkers which was delivered on time.
In the drive to improve the service to victims and witnesses, the Service made a significant contribution to the development of plans for the phased implementation, from July 2002, of the Youth Justice and Criminal Evidence Act 1999 (‘Speaking Up For Justice’). This provides for a number of ‘special measures’” to enable vulnerable or intimidated witnesses, including children, to give their best evidence in criminal proceedings.
We continue to work with CJS partners, following the White Paper “‘Speaking Up For Justice’ to introduce measures to assist vulnerable or intimidated witnesses to give their best evidence.
The CPS has developed a Domestic Violence Policy in consultation with community groups.
Narrowing the Justice Gap
The CPS has worked with the Home Office and Lord Chancellor’s Department to design the new strategy for tackling the gap between the number of crimes reported to the police and the number of offences brought to justice. The Narrowing the Justice Gap strategy was launched in October 2002. The target is to bring 1.2 million offences to justice by March 2006. The strategy is aimed at tackling weaknesses in the system, targeting types of offender such as persistent offenders, and targeting types of crime such as street crime. The CPS is committed to playing its part in bringing more offences to justice and reducing ineffective trials by building on the premium service, by collocating with the police in CJUs and TUs, by providing more early precharge advice to the police and working towards determining the decision to charge.
The aim of the Persistent Offender Scheme, which will start in February 2003, is to target the most prolific adult offenders. When these offenders are caught, the criminal justice agencies will give priority to their cases to ensure they are brought to justice.
An important development enabling this work to be taken forward will be 42 Local Criminal Justice Boards and a National Board, proposed in the Criminal Justice Bill Justice for All. Each Board has narrowing the justice gap as their highest priority and will work to identify and remove local blockages in the system to increase efficiency and improve delivery on the ground.
Community Engagement
Chief Crown Prosecutors and CPS Areas continue to develop meaningful engagement with local communities, particularly with local groups on hate crimes (racially motivated and domestic violence in particular).
Investors in People
We have attained Investors in People accreditation in 41 of 42 CPS Areas, and at CPS Headquarters, and we are working towards corporate IiP accreditation.
Staffing
We have achieved the Manifesto commitment to employ 300 additional prosecutors to deal with new work.
Staff Attitude and Stress Survey
We have responded to the findings of the 2002 stress survey to improve systems for managing stress when it occurs and alleviating the causes of stress identified by staff.
Diversity
The Commission for Racial Equality agreed in September 2002 to end the suspended Formal Investigation and now want to work in partnership with us. We were also one of the first departments to produce – in May 2002 – a Race Equality Scheme that has been widely praised as a model of its kind.
Sustainable Development
We have developed The CPS policy for taking forward Sustainable Development within the Service.
Procurement
The review of the Service’s procurement strategy is well under way. This has included updating and revising guidance and standard tender and contract documentation. The review is also examining the way in which procurement is undertaken throughout the Service, including the use of e-procurement.
The Departmental Procurement Unit is currently involved in supporting major projects for a replacement finance and accounting system, payroll services and a number of specialist training and consultancy services. The Unit is also examining improvements in the way in which the Service procures professional services.
SR2000 Public Service Agreement: Summary of Progress
The Review of Departmental Reports undertaken in 2001 placed a new requirement on departments to compile supplementary performance information for publication each autumn. This report supplements the report on performance against Public Service Agreement (PSA) targets included in our Departmental Report published in June 2002.
PSA Target
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 by 31st March 2001
(ii) Reduce by 2004 the time from arrest to sentence or other disposal by dealing with 80% of youth court cases within their time targets
Latest Outturn
Subject to ministerial approval each Local Criminal Justice Board (LCJB) will be required to propose timeliness targets for their area. These will be subject to ministerial scrutiny and approval and will be on the basis that:
- LCJBs which were performing below the national average would be required to improve;
- LCJBs returning above average figures would be allowed to propose some latitude if they felt that this would release resources to deliver a better outcome.
(ii) Latest performance reported in March 2002 against published targets: guilty pleas dealt with in 49 days (against target of 70 days); not guilty pleas dealt with in 124 days (against target of 150 days); committals dealt with in 85 days (against target of 125 days)
PSA Target
(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
(iii) The average for the month of October 2002 was 67 days, 2 days less than the revised figure for September, and again under the 71 day target. In the third quarter (July-September) of 2002, the average was 68 days, the fifth consecutive quarter in which the pledge target was met or exceeded. A tripartite ministerial letter to the CJS agencies confirming that the PYO pledge will be maintained was sent on 25 October 2002, reiterating the importance of maintaining success.
PSA Target
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
Latest Outturn
Performance against the following measures has been measured by the Lord Chancellor’s Department:
90% of people in police stations requested the services of a duty solicitor to receive the service within 45 minutes by March 2002
MET ahead of target date
98% of prisons by March 2002 to have a Legal Services Officer
MET ahead of target date
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
MET for March 2002 target
80% of prisons holding remand prisoners to have a bail information scheme by March 2002, rising to 90% by March 2003
MET ahead of March 2003 target date
PSA Target
To increase the number and proportion of recorded crimes for which an offender is brought to justice
Latest Outturn
In the baseline year (1999-2000) 1,104,000 offences were brought to justice. By the end of March 2002 (i.e. in 2001-2002) 1,024,654 offences were brought to justice (79,346 fewer).
PSA Target
Ensure by 2004 that the levels of 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 levels reported in the 2001 BCS
Latest Outturn
Baseline established from BCS 2001; percentage very worried about crime in key categories was 22.2% (violent crime); 16.4% (burglary) and 19% (vehicle crime).
BCS interviews during the year ending September 2002 showed that fear of crime in the key categories of violent crime (21%), burglary (15%) and vehicle crime (17%) had fallen.
PSA Target
By 2002 improve by 5 percentage points the satisfaction level of victims and witnesses with their treatment in 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 2001–2002 from 60% in the 2000 BCS. However, overall witness satisfaction has increased by 2% and those witnesses “happy to be a witness again” increased by 6%.
PSA Target
By 2004 improve the level of public confidence in the CJS including improving that of ethnic minority communities
Latest Outturn
The baseline has now been set using responses to six questions in the BCS indicating the state of confidence in the criminal justice system (published 31 January 2001).
It is not possible to provide reliable trend data 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 and the 2001-2002 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%).
Resource Accounts 2001-2002
The Service’s Resource Accounts 2001-2002 were published in October 2002. The Service is financed by Parliamentary Supply and, to a lesser extent, by income derived from costs awarded to The CPS by the Courts and income from commercial tenants and other government bodies. Parliament also provides the authority for all of the Service’s activities. In common with other government departments, future financing has to be approved by Parliament.
The CPS has a single Request for Resources, and the Summary of Resource Outturn – Schedule 1, reveals net total outturn was £0.788 million less than the Estimate representing 0.19% of net provision.
The Operating Cost Statement – Schedule 3 analyses costs between administration and programme costs. Administration costs reflect the resources consumed directly in providing central government services, and include payroll, accommodation, IT costs and non-cash costs associated with the civil estate and the impairment costs of the IT assets transferred under a PFI agreement. In 2001-2002 administration costs amounted to 78.5% of net resource outturn. Salaries and associated staff costs are the largest component of administration expenditure and represent 62.9% of the net administration cost outturn.
Programme costs cover the direct costs of taking cases to court. Most of the expenditure is associated with the costs of the more serious cases, which are heard in the Crown Court and comprise the costs of employing barristers as advocates, reimbursing the costs of prosecution witnesses who attend court and a number of other, less significant, costs associated with the prosecution process. Advocacy fees are the largest single component and represent 80.3% of the gross programme costs outturn.
The CPS invested £21 million in installing service wide IT infrastructure, providing every member of staff with access to desktop office automation functionality, and the creation of Criminal Justice Units and Trials Units to facilitate collocation with the police and joint administration of case files.
Further details and analysis of the financial performance of the Service can be found in the Operational and Financial Review and associated notes and Schedules in the 2001-2002 Resource Accounts.
The Service successfully completed the implementation of Resource Accounting and Budgeting by April 2002. This has resulted in a better understanding of resource consumption and improved the capture of accruals information.
The Director’s Annual Report to the Attorney General
The Director’s Annual Report for 2001-2002 was published in July 2002. The report set out the part which the Service has played in criminal justice system developments and reported on the Service’s performance in 2001-2002.
Further information
Further information on the work of The Crown Prosecution Service may be obtained from:
Crown Prosecution Service, 50 Ludgate Hill, London, EC4M 7EX
Tel: 020 7796 8000
Web: http://www.cps.gov.uk
Bibliography
2001-2002 Annual Report for The Crown Prosecution Service
CPS Strategy for the 1990s (HMSO December 1990 revised 1994)
Resource Estimates 2002-2003: The Crown Prosecution Service Thirty-third Report from the Committee of Public Accounts 1997-1998 (CN 4004 July 1998)
The Code for Crown Prosecutors – available at The CPS website: http://www.cps.gov.uk/victims_witnesses/code.html
*Spending Review 2000
*Public Service Agreements
*Service Delivery Agreements
*Departmental Investment Strategy
*Spending Review 2002
*available at the Treasury web site: www.hm-treasury.gov.uk/spending review/spend index.cfm
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