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CROWN PROSECUTION SERVICE RACIST INCIDENT MONITORING ANNUAL REPORT 2000 - 2001

1. INTRODUCTION

1.1 This is the fifth annual report prepared by the Crown Prosecution Service (CPS) and provides details of prosecution decisions and outcomes in all cases identified by the police or CPS as racist incidents. The report covers the period 1 April 2000 to 31 March 2001.

1.2 For the purposes of this report, the police and CPS have used the Macpherson definition of a racist incident, which states that:

‘a racist incident is any incident which is perceived to be racist by the victim or any other person’.

1.3 All racist incident cases submitted by the police to The CPS for prosecution should be clearly marked in accordance with the national agreement. This enables The CPS to deal with the case appropriately and to commence the tracking procedure. If, on reviewing the evidence in the case, it is apparent that the case is a racist incident but has not been identified by the police, the reviewing lawyer will mark the case and ensure that it enters the system.

1.4 Details of all cases identified by either the police or CPS as racist incidents are kept by each of the 42 CPS Areas and by the Casework Directorate in London, a specialist unit dealing with serious crime. Returns are provided monthly to CPS Headquarters in York where the information is collated and the annual report prepared.

1.5 On 30 September 1998 the provisions of sections 28-32 and 82 of the Crime and Disorder Act 1998 came into effect. The 1998 Act creates a definition of racial aggravation and new offences of racially aggravated assault, criminal damage, public order and harassment. In addition, Section 153 of the Powers of Criminal Courts (Sentencing) Act 2000 (replacing Section 82 of the 1998 Act) imposes a duty on sentencing courts to treat evidence of racial aggravation as an aggravating feature, increasing the seriousness of the offence and the sentence to be imposed, in cases where offences are not specifically charged under the new sections.

1.6 The CPS Racist Incident Monitoring Scheme (RIMS) covers all racist incidents and therefore includes information about specific offences charged under the 1998 Act as well as offences that could fall within Section 153. The report provides the following information:

  • the number of racist incident defendant cases submitted by CPS Areas during the reporting period;
  • CPS decisions on charges put by the police;
  • results on charges prosecuted;
  • results on charges dropped;
  • outcomes of charges prosecuted in the magistrates’ courts, Crown Courts and youth courts; and
  • sentences imposed by each of these court types.

2. KEY FINDINGS – SUMMARY AND COMMENTS

2.1 IDENTIFICATION OF A RACIST INCIDENT

Number of defendants received 3105

Police identification 2640 National percentage 85%

CPS identification 465 National percentage 15%

Comment

The number of defendant cases received for prosecution has increased by over 28.5% from 2417 to 3105. Police performance in marking racist incident files for CPS attention continues to improve steadily. This year’s figure of 85% is a 7% increase on the previous year.

2.2 DEFENDANTS PROSECUTED/NOT PROSECUTED

Defendants prosecuted 2301

Defendants not prosecuted 804

% of defendants prosecuted National percentage 74%

Comment

The CPS prosecuted 74% of the cases received. The remaining 26% were discontinued, dropped at court or could not be prosecuted because the defendant failed to appear. The 26% figure, which covers proceedings in all courts, compares with the 25.3% figure for all types of offences over the same period.

2.3 CHARGES

NUMBER OF POLICE CHARGES 4769

NUMBER and % OF CHARGES UNALTERED 3598 National percentage 75%

NUMBER OF CHARGES ADDED BY THE CPS 292

TOTAL NUMBER OF CHARGES 5061

Total number charges Prosecuted 3190 National percentage 63%

Total number of charges Dropped 1871 National percentage 37%

Comment

This is the second full year in which we have gathered information on the new racially aggravated offences under the Crime and Disorder Act 1998. The percentage of police charges unaltered by The CPS was 75% compared with the 47% in 1999 – 2000 and 63% recorded in 1998 - 1999. The number of charges added by The CPS increased slightly from 288 to 292. All the figures, taken together, suggest a significant improvement by the police in selecting the appropriate charges, perhaps arising from growing familiarity with the legislation.

2.4 DETAILS OF CHARGES PROSECUTED

  • Number of charges prosecuted 3190
  • Racially aggravated assaults 407
  • Racially aggravated criminal damage 174
  • Racially aggravated public order 1074
  • Racially aggravated harassment 180
  • Other assaults 394
  • Other criminal damage 196
  • Other public order 460
  • Other harassment 40
  • Theft Act 101
  • Other 155
  • Homicide 9

Comment

58% of the 3190 offences prosecuted were charged under the Crime and Disorder Act with the majority being racially aggravated public order offences. Although the remainder could not be prosecuted under the Act, a proportion contained admissible evidence of racial aggravation, which would have been presented to the court.

The 9 charges of homicide recorded relate to two separate cases each of which involved one victim. In one case, a London case, the reviewing lawyer took the view that there was insufficient evidence of racial aggravation. The other case, in Gwent, involved four defendants charged jointly with murder and manslaughter. The case was prosecuted as a racially aggravated murder and the court found that the racial element was proved. All defendants in both cases were convicted after trial.

2.5 OUTCOME OF CHARGES PROSECUTED

Guilty pleas 2173 National percentage 68%

Guilty after contest 487 National percentage 15%

Committal discharge 28 National percentage 1%

Half-time acquittal 96 National percentage 3%

Full-time acquittal 406 National percentage 13%

Venue of Cases Charges dealt with at the Mags. Court 1945 National percentage 61%

Charges dealt with at the Crown Court 766 National percentage 24%

Charges dealt with at the Youth Court 479 National percentage 15%

Comment

The outcomes are charged-based rather than defendant-based and for this reason it is not possible to make direct comparisons with the outcomes for defendants in the national Performance Indicator system. We would, however, expect the percentage figures for defendants to be higher because each defendant faces an average of more than one charge. This year’s figures nonetheless disclose an increase in convictions with 83% of the charges prosecuted resulting in guilty pleas or findings of guilt, compared with 78.5% the previous year. There was a 3% reduction in the number of charges handled by the Crown Court set against the same percentage increase in charges handled by the Youth Court. Magistrates Court figures remained unchanged.

2.6 REASONS FOR DROPPING CHARGES

Number of charges dropped 1871

Dropped: witness fails to attend 293 National percentage 16%

Dropped: witness refuses to give evidence 212 National percentage 11%

Dropped: other insufficient evidence 681 National percentage 37%

Dropped: public interest 319 National percentage 17%

Dropped: written off/other 171 National percentage 9%

Bound Over without trial 195 National percentage 10%

Comment

Witness difficulties accounted for 27% of the charges dropped. Charges dropped because there was insufficient evidence accounted for a further 37%. Charges not pursued on public interest grounds accounted for 17% with the most common reason being that the defendant was being dealt with on more serious offences or was serving a long prison sentence. A further 9% of charges could not be prosecuted because the defendant failed to attend court and/or could not be traced. In respect of the remaining 10% of charges, the defendants were bound over without trial.

Charges dropped do not necessarily result in the whole case being terminated. The scheme records only those offences which are racially aggravated. A defendant may be charged with other offences arising from the same set of facts and these would not be tracked as part of the scheme.

3. THE NUMBER OF DEFENDANTS CHARGED

3.1 The report contains a mixture of defendant based and charge based information. The initial unit of counting for the scheme is the defendant but decisions taken in respect of each defendant, whether by The CPS in relation to prosecution or by the courts in relation to sentence, are recorded on a charge by charge basis rather than a whole case basis. This means that four defendants in one case charged jointly with one offence will be counted as four units. Similarly, one defendant charged with several offences will be counted as one unit provided at least one of the offences is racially aggravated for the purpose of the scheme.

3.2 During the reporting period, 3105 defendants were charged with an offence, which, in view of the police or CPS, met the definition of a racist incident. In comparison with 1999 -2000 this represents an increase of over 28.5%. Table 1 represents the total number of defendants recorded by each CPS Area.

TABLE 1 – THE NUMBER OF DEFENDANT CASES RECORDED BY EACH CPS AREA

(Previous year’s figure in brackets)

  • Avon & Somerset 38 (31)
  • Bedfordshire 59 (43)
  • Cambridgeshire 37 (50)
  • Cheshire 72 (51)
  • Cleveland 10 (11)
  • Cumbria 17 (10)
  • Derbyshire 46 (50)
  • Devon & Cornwall 67 (32)
  • Dorset 26 (18)
  • Durham 27 (24)
  • Dyfed Powys 37 (15)
  • Essex 10 (11)
  • Gloucestershire 23 (13)
  • Gt Manchester 206 (155)
  • Gwent 77 (38)
  • Hampshire 88 (38)
  • Hertfordshire 3 (24)
  • Humberside 39 (12)
  • Kent 34 (31)
  • Lancashire 98 (74)
  • Leicestershire 105 (77)
  • Lincolnshire 10 (13)
  • Merseyside 84 (61)
  • Metropolitan & City 339 (577)
  • Norfolk 37 (19)
  • Northants 44 (46)
  • Northumbria 185 (179)
  • North Wales 16 (14)
  • North Yorkshire 17 (21)
  • Nottinghamshire 81 (73)
  • South Wales 195 (157)
  • South Yorkshire 66 (40)
  • Staffordshire 67 (10)
  • Suffolk 22 (24)
  • Surrey 39 (6)
  • Sussex 44 (41)
  • Thames Valley 77 (65)
  • Warwickshire 37 (17)
  • West Mercia 36 (9)
  • West Midlands 279 (116)
  • West Yorkshire 280 (97)
  • Wiltshire 27 (22)
  • Casework Dir 4 (2)
  • Total 3105 (2417)

4. POLICE/CPS IDENTIFICATION OF A RACIST INCIDENT

4.1 There is a national agreement with the police that, when submitting files to The CPS, they will identify those which meet the definition of a racist incident. Files not identified by the police will be identified by The CPS.

4.2 During this reporting year the police have identified 85% of cases as meeting the Macpherson definition of a racist incident. Compared to last year's report this is an increase of 7%. The CPS identified the remaining 15%. Table 2 indicates the identification performance of The CPS and the police by Area.

4.3 Police identification in 16 CPS Areas was below the national average of 85%. In 27 Areas identification by the police was 85% and over.

TABLE 2 – POLICE/CPS IDENTIFICATION OF RACIST INCIDENT CASES BY AREA

  • Avon & Somerset - Identified by Police: 34 89% - Identified by CPS: 4 11%
  • Bedfordshire - Identified by Police: 37 63% - Identified by CPS: 22 37%
  • Cambridgeshire - Identified by Police: 33 89% - Identified by CPS: 4 11%
  • Cheshire - Identified by Police: 70 97% - Identified by CPS: 2 3%
  • Cleveland - Identified by Police: 9 90% - Identified by CPS: 1 10%
  • Cumbria - Identified by Police: 13 76% - Identified by CPS: 4 24%
  • Derbyshire - Identified by Police: 37 80% - Identified by CPS: 9 20%
  • Devon & Cornwall - Identified by Police: 57 85% - Identified by CPS: 10 15%
  • Dorset - Identified by Police: 24 92% - Identified by CPS: 2 8%
  • Durham - Identified by Police: 22 81% - Identified by CPS: 5 19%
  • Dyfed Powys - Identified by Police: 28 76% - Identified by CPS: 9 24%
  • Essex - Identified by Police: 9 90% - Identified by CPS: 1 10%
  • Gloucestershire - Identified by Police: 22 96% - Identified by CPS: 1 4%
  • Gt Manchester - Identified by Police: 180 87% - Identified by CPS: 26 13%
  • Gwent - Identified by Police: 69 90% - Identified by CPS: 8 10%
  • Hampshire - Identified by Police: 50 57% - Identified by CPS: 38 43%
  • Hertfordshire - Identified by Police: 1 33% - Identified by CPS: 2 67%
  • Humberside - Identified by Police: 31 79% - Identified by CPS: 8 21%
  • Kent - Identified by Police: 32 94% - Identified by CPS: 2 6%
  • Lancashire - Identified by Police: 80 82% - Identified by CPS: 18 18%
  • Leicestershire - Identified by Police: 94 90% - Identified by CPS: 11 10%
  • Lincolnshire - Identified by Police: 8 80% - Identified by CPS: 2 20%
  • Merseyside - Identified by Police: 68 81% - Identified by CPS: 16 19%
  • Metropolitan & City - Identified by Police: 311 92% - Identified by CPS: 28 8%
  • Norfolk - Identified by Police: 33 89% - Identified by CPS: 4 11%
  • Northants - Identified by Police: 30 68% - Identified by CPS: 14 32%
  • Northumbria - Identified by Police: 169 91% - Identified by CPS: 16 9%
  • North Wales - Identified by Police: 14 88% - Identified by CPS: 2 12%
  • North Yorkshire - Identified by Police: 15 88% - Identified by CPS: 2 12%
  • Nottinghamshire - Identified by Police: 75 93% - Identified by CPS: 6 7%
  • South Wales - Identified by Police: 166 85% - Identified by CPS: 29 15%
  • South Yorkshire - Identified by Police: 49 74% - Identified by CPS: 17 26%
  • Staffordshire - Identified by Police: 45 67% - Identified by CPS: 22 33%
  • Suffolk - Identified by Police: 20 91% - Identified by CPS: 2 9%
  • Surrey - Identified by Police: 36 92% - Identified by CPS: 3 8%
  • Sussex - Identified by Police: 41 93% - Identified by CPS: 3 7%
  • Thames Valley - Identified by Police: 60 78% - Identified by CPS: 17 22%
  • Warwickshire - Identified by Police: 32 86% - Identified by CPS: 5 14%
  • West Mercia - Identified by Police: 31 86% - Identified by CPS: 5 14%
  • West Midlands - Identified by Police: 240 86% - Identified by CPS: 39 14%
  • West Yorkshire - Identified by Police: 235 84% - Identified by CPS: 45 16%
  • Wiltshire - Identified by Police: 26 96% - Identified by CPS: 1 4%
  • Casework Dir - Identified by Police: 4 100% - Identified by CPS: 0 0%
  • Total - Identified by Police: 2640 85% - Identified by CPS: 465 15%

5. POLICE RACIST INCIDENT REPORT/COMPUTER RECORD SUPPLIED WITH FILE

5.1 In order to assist with the early identification of racist incidents, in addition to marking the file appropriately when it is submitted to The CPS, the police nationally have agreed to supply The CPS with a copy of their racist incident report form or computer record at the same time. Information contained on the report form may have evidential significance or could prompt The CPS lawyer to raise further questions with the police with a view to improving the quality of the evidence. Of the 3105 defendant cases referred to The CPS, the police supplied a copy of their racist incident report form or computer record in only 628 cases (20%). The percentage varies considerably from Area to Area. Table 3 shows police performance by CPS Area. Each CPS Area equates to a police force area save London, which includes the Metropolitan and City forces and the Casework Directorate, which may take work from any force.

TABLE 3 – POLICE RACIST INCIDENT REPORT/COMPUTER RECORD SUPPLIED WITH FILE

Did the police supply a copy of their Racist Incident Report or computer record with the file?

  • Avon & Somerset - Yes: 10 26% - No: 28 74%
  • Bedfordshire - Yes: 0 0% - No: 59 100%
  • Cambridgeshire - Yes: 0 0% - No: 37 100%
  • Cheshire - Yes: 12 17% - No: 60 83%
  • Cleveland - Yes: 2 20% - No: 8 80%
  • Cumbria - Yes: 8 47% - No: 9 53%
  • Derbyshire - Yes: 3 7% - No: 43 93%
  • Devon & Cornwall - Yes: 34 51% - No: 33 49%
  • Dorset - Yes: 19 73% - No: 7 27%
  • Durham - Yes: 6 22% - No: 21 78%
  • Dyfed Powys - Yes: 7 19% - No: 30 81%
  • Essex - Yes: 0 0% - No: 10 100%
  • Gloucestershire - Yes: 2 9% - No: 21 91%
  • Gt Manchester - Yes: 68 33% - No: 138 67%
  • Gwent - Yes: 20 26% - No: 57 74%
  • Hampshire - Yes: 1 1% - No: 87 99%
  • Hertfordshire - Yes: 0 0% - No: 3 100%
  • Humberside - Yes: 5 13% - No: 34 87%
  • Kent - Yes: 2 6% - No: 32 94%
  • Lancashire - Yes: 10 10% - No: 88 90%
  • Leicestershire - Yes: 7 7% - No: 98 93%
  • Lincolnshire - Yes: 0 0% - No: 10 100%
  • Merseyside - Yes: 25 30% - No: 59 70%
  • Metropolitan & City - Yes: 41 12% - No: 298 88%
  • Norfolk - Yes: 3 8% - No: 34 92%
  • Northants - Yes: 1 2% - No: 43 98%
  • Northumbria - Yes: 82 44% - No: 103 56%
  • North Wales - Yes: 2 12% - No: 14 88%
  • North Yorkshire - Yes: 1 6% - No: 16 94%
  • Nottinghamshire - Yes: 30 37% - No: 51 63%
  • South Wales - Yes: 74 38% - No: 121 62%
  • South Yorkshire - Yes: 2 3% - No: 64 97%
  • Staffordshire - Yes: 23 34% - No: 44 66%
  • Suffolk - Yes: 1 5% - No: 21 95%
  • Surrey - Yes: 9 23% - No: 30 77%
  • Sussex - Yes: 17 39% - No: 27 61%
  • Thames Valley - Yes: 7 9% - No: 70 91%
  • Warwickshire - Yes: 0 0% - No: 37 100%
  • West Mercia - Yes: 1 3% - No: 35 97%
  • West Midlands - Yes: 15 5% - No: 264 95%
  • West Yorkshire - Yes: 78 28% - No: 202 72%
  • Wiltshire - Yes: 0 0% - No: 27 100%
  • Casework Dir - Yes: 0 0% - No: 4 100%
  • Total - Yes: 628 20% - No: 2477 80%

6. ADMISSIBLE EVIDENCE OF RACIAL AGGRAVATION

6.1 The Macpherson definition of a racist incident is deliberately wide in order to encourage the reporting of racist incidents to the police. Inevitably, in some cases, despite the case having been reported as a racist incident, there will not be sufficient evidence to justify prosecution for a racially aggravated offence under the definition in the Crime and Disorder Act 1998.

6.2 The monitoring scheme requires The CPS lawyer considering the evidence in the case to indicate whether in his or her judgement there was sufficient evidence to establish racial aggravation as defined by the 1998 Act. Table 4 below indicates that the reviewing lawyer took the view that there was such evidence in 2491 defendant cases (80%) received from the police and further breaks this down for each Area.

TABLE 4 – ADMISSIBLE EVIDENCE OF RACIAL AGGRAVATION

Did The CPS lawyer consider that there was sufficient evidence to establish racial aggravation as defined by Section 28 Crime & Disorder Act 1998?

  • Avon & Somerset - Yes: 31 82% - No: 7 18%
  • Bedfordshire - Yes: 40 68% - No: 19 32%
  • Cambridgeshire - Yes: 33 89% - No: 4 11%
  • Cheshire - Yes: 69 96% - No: 3 4%
  • Cleveland - Yes: 10 100% - No: 0 0%
  • Cumbria - Yes: 13 76% - No: 4 24%
  • Derbyshire - Yes: 36 78% - No: 10 22%
  • Devon & Cornwall - Yes: 45 67% - No: 22 33%
  • Dorset - Yes: 22 85% - No: 4 15%
  • Durham - Yes: 25 93% - No: 2 7%
  • Dyfed Powys - Yes: 32 86% - No: 5 14%
  • Essex - Yes: 10 100% - No: 0 0%
  • Gloucestershire - Yes: 18 78% - No: 5 22%
  • Gt Manchester - Yes: 187 91% - No: 19 9%
  • Gwent - Yes: 68 88% - No: 9 12%
  • Hampshire - Yes: 65 74% - No: 23 26%
  • Hertfordshire - Yes: 3 100% - No: 0 0%
  • Humberside - Yes: 23 59% - No: 16 41%
  • Kent - Yes: 27 79% - No: 7 21%
  • Lancashire - Yes: 75 77% - No: 23 23%
  • Leicestershire - Yes: 99 94% - No: 6 6%
  • Lincolnshire - Yes: 9 90% - No: 1 10%
  • Merseyside - Yes: 57 68% - No: 27 32%
  • Metropolitan & City - Yes: 292 86% - No: 47 14%
  • Norfolk - Yes: 33 89% - No: 4 11%
  • Northants - Yes: 37 84% - No: 7 16%
  • Northumbria - Yes: 144 78% - No: 41 22%
  • North Wales - Yes: 14 88% - No: 2 12%
  • North Yorkshire - Yes: 17 100% - No: 0 0%
  • Nottinghamshire - Yes: 68 84% - No: 13 16%
  • South Wales - Yes: 170 87% - No: 25 13%
  • South Yorkshire - Yes: 53 80% - No: 13 20%
  • Staffordshire - Yes: 46 69% - No: 21 31%
  • Suffolk - Yes: 12 55% - No: 10 45%
  • Surrey - Yes: 36 92% - No: 3 8%
  • Sussex - Yes: 39 89% - No: 5 11%
  • Thames Valley - Yes: 52 68% - No: 25 32%
  • Warwickshire - Yes: 22 59% - No: 15 41%
  • West Mercia - Yes: 29 81% - No: 7 19%
  • West Midlands - Yes: 236 85% - No: 43 15%
  • West Yorkshire - Yes: 175 63% - No: 105 37%
  • Wiltshire - Yes: 16 59% - No: 11 41%
  • Casework Dir - Yes: 3 75% - No: 1 25%
  • Total - Yes: 2491 80% - No: 614 20%

7. OFFENCES CHARGED BY THE POLICE

7.1 During the reporting year there were 4769 offences charged by the police, broken down as follows:

759 racially aggravated assaults

302 racially aggravated criminal damage

1576 racially aggravated public order

319 racially aggravated harassment

515 other assaults

284 other criminal damage

584 other public order

46 other harassment

153 Theft Act

5 homicide

226 other offences

7.2 The Crime and Disorder Act 1998 makes it possible for certain specified offences to be charged under the Act as racially aggravated crimes. The racially aggravated assault, criminal damage, public order and harassment charges listed above are offences specifically charged under the Act. The remaining offences listed were charged under other legislation.

TABLE 5 – TYPES OF OFFENCE CHARGED BY THE POLICE

AREA NUMBER OF POLICE CHARGES HOMICIDE RA ASSAULT OTHER ASSAULT RA DAMAGE OTHER DAMAGE RA PUBLIC ORDER OTHER PUBLIC ORDER RA HARASSMENT OTHER HARASSMENT THEFT ACT OTHER
Avon & Somerset 65 0 11 8 2 4 16 11 9 0 1 3
Bedfordshire 116 0 15 32 2 11 16 11 5 3 12 9
Cambridgeshire 61 0 8 10 5 3 21 2 5 0 4 3
Cheshire 103 0 14 13 9 2 46 9 7 0 0 3
Cleveland 18 0 3 1 2 0 3 3 6 0 0 0
Cumbria 25 0 5 0 0 1 10 8 0 0 0 1
Derbyshire 60 0 6 8 2 3 17 9 12 0 0 3
Devon & Cornwall 101 0 19 7 2 2 29 25 7 2 3 5
Dorset 43 0 10 9 1 5 7 3 4 0 3 1
Durham 56 0 10 2 1 8 24 4 4 0 1 2
Dyfed Powys 46 0 6 7 1 2 28 1 0 0 0 1
Essex 11 0 3 0 1 0 5 1 1 0 0 0
Gloucestershire 38 0 1 1 1 3 14 3 9 0 6 0
Gt Manchester 372 0 49 55 25 34 95 53 20 9 13 19
Gwent 128 4 29 12 3 6 47 16 5 0 3 3
Hampshire 186 0 16 33 14 11 50 30 11 1 7 13
Hertfordshire 5 0 1 0 0 0 0 1 2 0 1 0
Humberside 53 0 3 4 9 2 20 5 5 1 0 4
Kent 54 0 10 2 5 1 27 1 0 0 4 4
Lancashire 109 0 11 11 6 3 57 13 4 1 0 3
Leicestershire 170 0 18 16 17 8 75 15 7 0 3 11
Lincolnshire 11 0 3 1 0 0 5 0 1 0 1 0
Merseyside 122 0 24 15 7 12 35 16 7 0 4 2
Metropolitan & City 538 1 137 43 39 26 148 53 32 3 25 31
Norfolk 47 0 12 8 3 2 21 0 0 0 1 0
Northants 81 0 1 23 6 3 19 13 4 2 1 9
Northumbria 245 0 27 14 16 19 102 28 17 1 7 14
North Wales 16 0 2 0 1 0 8 1 3 1 0 0
North Yorkshire 24 0 1 1 4 0 14 1 0 0 1 2
Nottinghamshire 101 0 22 3 9 1 43 16 5 0 0 2
South Wales 348 0 38 36 20 33 111 50 13 3 21 23
South Yorkshire 89 0 8 9 5 7 36 13 6 1 3 1
Staffordshire 100 0 11 17 5 12 25 24 1 1 1 3
Suffolk 22 0 2 1 0 0 13 0 5 0 0 1
Surrey 59 0 5 10 4 3 22 9 6 0 0 0
Sussex 84 0 18 7 2 5 22 12 7 0 5 6
Thames Valley 124 0 16 19 4 7 39 25 2 2 3 7
Warwickshire 61 0 8 7 13 5 18 3 3 0 1 3
West Mercia 46 0 8 3 1 2 15 6 4 1 3 3
West Midlands 408 0 91 28 31 21 117 45 39 8 9 19
West Yorkshire 389 0 72 38 23 17 135 42 39 6 6 11
Wiltshire 28 0 5 1 1 0 18 1 2 0 0 0
Casework Directorate 6 0 0 0 0 0 3 2 0 0 0 1
Total 4769 5 759 515 302 284 1576 584 319 46 153 226
Percentage 100% 0% 16% 11% 6% 6% 33% 12% 7% 1% 3% 5%

RA = RACIALLY AGGRAVATED

8. CPS ACTION ON POLICE CHARGES

8.1 Of the 4769 police charges, 75% (or 3598 charges) were unaltered by The CPS, compared with 47% recorded in 1999 – 2000 and 63% recorded in 1998 -1999. Table 6 gives information concerning these charges together with a breakdown of The CPS action in respect of the remaining 25%.

TABLE 6 – CPS ACTION ON POLICE CHARGES

AREA Number of Police Charges Unaltered Increase RA to Non RA e.g. s.20 to s.18 Increase Non RA To RA Reduce RA To Non RA Reduce Non RA to RA e.g. s.18 to s.20 Increase for any other reasons Reduce for any other reasons
Avon & Somerset 65 49 0 3 4 1 0 8
Bedfordshire 116 93 0 4 11 0 0 8
Cambridgeshire 61 50 0 1 9 0 1 0
Cheshire 103 78 0 17 3 0 0 5
Cleveland 18 15 0 2 0 1 0 0
Cumbria 25 19 0 0 3 1 0 2
Derbyshire 60 49 0 6 1 0 2 2
Devon & Cornwall 101 74 1 7 7 0 0 12
Dorset 43 34 0 6 3 0 0 0
Durham 56 44 0 7 1 0 0 4
Dyfed Powys 46 34 0 4 3 0 1 4
Essex 11 7 0 1 2 1 0 0
Gloucestershire 38 32 0 0 0 0 0 6
Gt Manchester 372 294 1 22 27 5 6 17
Gwent 128 91 0 11 1 4 1 20
Hampshire 186 159 0 6 12 0 1 8
Hertfordshire 5 3 0 0 0 0 0 2
Humberside 53 35 1 2 11 0 0 4
Kent 54 42 0 2 7 0 0 3
Lancashire 109 77 0 7 8 1 1 15
Leicestershire 170 131 1 8 5 2 4 19
Lincolnshire 11 10 0 1 0 0 0 0
Merseyside 122 92 0 1 11 2 1 15
Metropolitan & City 538 442 2 19 41 3 3 28
Norfolk 47 39 0 0 3 1 0 4
Northants 81 64 0 2 3 0 1 11
Northumbria 245 179 1 18 28 1 3 15
North Wales 16 10 0 2 3 1 0 0
North Yorkshire 24 20 0 2 2 0 0 0
Nottinghamshire 101 84 0 3 8 0 0 6
South Wales 348 253 1 45 12 2 5 30
South Yorkshire 89 58 1 2 9 0 0 19
Staffordshire 100 67 0 16 10 2 1 4
Suffolk 22 14 0 1 4 0 0 3
Surrey 59 41 0 7 3 0 1 7
Sussex 84 72 0 2 7 0 1 2
Thames Valley 124 83 0 8 12 1 2 18
Warwickshire 61 31 0 4 10 1 3 12
West Mercia 46 32 0 2 4 0 4 4
West Midlands 408 317 0 21 45 1 0 24
West Yorkshire 389 259 0 8 48 11 3 60
Wiltshire 28 15 0 0 9 1 0 3
Casework Directorate 6 6 0 0 0 0 0 0
Total 4769 3598 9 280 390 43 45 404
Percentage 100% 75% 0% 6% 8% 1% 1% 9%

RA = RACIALLY AGGRAVATED

8.2 It should be noted that not all dropped charges necessarily result in the termination of a prosecution. Some charges against a defendant may proceed whilst others may be dropped.

9. CHARGES ADDED BY THE CPS

9.1 There were 4769 police charges recorded for the reporting period. A further 292 charges were added by The CPS, making a total of 5061 charges. A breakdown of the added charges by offence type is given in Table 7.

TABLE 7 – CHARGES ADDED BY OFFENCE TYPE

AREA Number of Police Charges No, of charges added by CPS HOMICIDE RA ASSAULT OTHER ASSAULT RA DAMAGE OTHER DAMAGE RA PUBLIC ORDER OTHER PUBLIC ORDER RA HARASSMENT OTHER HARASSMENT THEFT ACT OTHER
Avon & Somerset 65 6 0 0 1 0 0 1 1 0 1 2 0
Bedfordshire 116 33 0 6 12 2 0 2 7 2 0 0 2
Cambridgeshire 61 8 0 2 2 0 0 3 1 0 0 0 0
Cheshire 103 4 0 0 1 0 1 0 1 0 1 0 0
Cleveland 18 0 0 0 0 0 0 0 0 0 0 0 0
Cumbria 25 1 0 0 0 1 0 0 0 0 0 0 0
Derbyshire 60 1 0 0 0 0 0 1 0 0 0 0 0
Devon & Cornwall 101 3 0 0 2 0 0 0 1 0 0 0 0
Dorset 43 0 0 0 0 0 0 0 0 0 0 0 0
Durham 56 0 0 0 0 0 0 0 0 0 0 0 0
Dyfed Powys 46 2 0 0 0 0 0 2 0 0 0 0 0
Essex 11 0 0 0 0 0 0 0 0 0 0 0 0
Gloucestershire 38 0 0 0 0 0 0 0 0 0 0 0 0
Gt Manchester 372 15 0 3 2 0 0 5 3 2 0 0 0
Gwent 128 10 4 1 4 0 1 0 0 0 0 0 0
Hampshire 186 8 0 1 0 0 0 6 1 0 0 0 0
Hertfordshire 5 0 0 0 0 0 0 0 0 0 0 0 0
Humberside 53 3 0 0 2 0 1 0 0 0 0 0 0
Kent 54 4 0 1 1 0 0 1 1 0 0 0 0
Lancashire 109 3 0 0 0 0 0 2 1 0 0 0 0
Leicestershire 170 12 0 2 0 0 0 7 2 0 0 0 1
Lincolnshire 11 0 0 0 0 0 0 0 0 0 0 0 0
Merseyside 122 4 0 1 0 0 0 0 0 0 3 0 0
Metropolitan & City 538 59 0 6 13 0 5 12 10 8 0 2 3
Norfolk 47 1 0 0 0 0 0 1 0 0 0 0 0
Northants 81 0 0 0 0 0 0 0 0 0 0 0 0
Northumbria 245 13 0 1 5 0 0 5 1 0 0 0 1
North Wales 16 1 0 0 1 0 0 0 0 0 0 0 0
North Yorkshire 24 0 0 0 0 0 0 0 0 0 0 0 0
Nottinghamshire 101 2 0 1 1 0 0 0 0 0 0 0 0
South Wales 348 29 0 5 2 3 2 10 6 1 0 0 0
South Yorkshire 89 0 0 0 0 0 0 0 0 0 0 0 0
Staffordshire 100 0 0 0 0 0 0 0 0 0 0 0 0
Suffolk 22 5 0 0 0 0 0 3 1 1 0 0 0
Surrey 59 2 0 0 0 1 0 1 0 0 0 0 0
Sussex 84 3 0 1 1 0 0 1 0 0 0 0 0
Thames Valley 124 12 0 2 3 1 1 3 1 1 0 0 0
Warwickshire 61 1 0 0 0 0 0 1 0 0 0 0 0
West Mercia 46 5 0 0 1 0 1 3 0 0 0 0 0
West Midlands 408 27 0 2 3 2 1 10 5 2 2 0 0
West Yorkshire 389 9 0 2 0 1 0 2 2 0 2 0 0
Wiltshire 28 0 0 0 0 0 0 0 0 0 0 0 0
Casework Directorate 6 6 0 0 0 0 0 6 0 0 0 0 0
Total 4769 292 4 37 57 11 13 88 45 17 9 4 7
Percentage 100% 100% 1% 13% 20% 5% 4% 30% 15% 6% 3% 1% 2%

10. DETAILS OF CHARGES PROSECUTED

10.1 A total of 2301 defendants were prosecuted in the magistrates’ court, Crown Court and youth court on 3190 charges (charges either put by the police or added by The CPS). Of the 3190 charges, 1945 charges (61%) were prosecuted in the magistrates’ court, 766 charges (24%) in the Crown Court and 479 charges (15%) in the youth court. Tables 8 - 10 set out the types of offences dealt with in each of the court centres.

TABLE 8 – OFFENCES PROSECUTED IN THE MAGISTRATES’ COURT

AREA Charges Prosecuted HOMICIDE RA ASSAULT OTHER ASSAULT RA DAMAGE OTHER DAMAGE RA PUBLIC ORDER OTHER PUBLIC ORDER RA HARASSMENT OTHER HARASSMENT THEFT ACT OTHER
Avon & Somerset 20 0 0 2 1 1 7 6 2 0 0 1
Bedfordshire 59 0 5 11 0 7 10 9 4 1 4 8
Cambridgeshire 35 0 3 3 3 3 13 4 1 2 2 1
Cheshire 57 0 6 3 6 1 33 5 3 0 0 0
Cleveland 10 0 4 0 1 0 4 1 0 0 0 0
Cumbria 11 0 1 0 0 2 4 2 0 0 0 2
Derbyshire 29 0 1 3 2 0 15 2 5 0 0 1
Devon & Cornwall 47 0 6 5 2 2 17 11 1 0 0 3
Dorset 9 0 1 1 1 1 3 1 1 0 0 0
Durham 16 0 1 0 2 2 7 1 3 0 0 0
Dyfed Powys 26 0 5 1 1 1 14 3 0 0 0 1
Essex 1 0 0 0 0 0 1 0 0 0 0 0
Gloucestershire 27 0 1 1 1 2 10 3 7 0 2 0
Gt Manchester 138 0 9 25 10 13 46 15 9 2 4 5
Gwent 50 0 7 5 2 3 30 1 1 0 1 0
Hampshire 66 0 5 8 0 8 20 15 2 0 3 5
Hertfordshire 0 0 0 0 0 0 0 0 0 0 0 0
Humberside 18 0 0 3 2 1 6 1 3 1 0 1
Kent 26 0 2 2 3 0 12 4 0 0 1 2
Lancashire 59 0 5 2 5 0 32 10 2 0 0 3
Leicestershire 72 0 5 2 6 3 40 6 7 0 0 3
Lincolnshire 3 0 0 0 0 0 2 0 0 0 1 0
Merseyside 45 0 3 10 0 4 15 5 3 2 2 1
Metropolitan & City 198 0 26 21 9 13 70 19 14 0 11 15
Norfolk 24 0 5 4 2 1 11 0 0 0 1 0
Northants 42 0 0 6 3 2 13 12 2 0 0 4
Northumbria 87 0 5 3 5 8 42 11 2 3 0 8
North Wales 11 0 0 1 0 0 6 2 2 0 0 0
North Yorkshire 14 0 0 1 2 0 9 1 0 0 0 1
Nottinghamshire 29 0 0 1 4 1 17 3 2 1 0 0
South Wales 150 0 13 13 17 9 62 15 5 1 4 11
South Yorkshire 33 0 0 9 1 2 14 2 2 0 2 1
Staffordshire 53 0 3 7 2 8 17 11 1 0 1 3
Suffolk 12 0 0 0 0 0 10 2 0 0 0 0
Surrey 34 0 4 1 1 3 16 5 3 1 0 0
Sussex 26 0 1 2 0 4 8 3 0 1 3 4
Thames Valley 56 0 6 5 1 2 15 16 1 0 2 8
Warwickshire 29 0 2 7 3 5 6 3 1 0 0 2
West Mercia 28 0 2 2 0 3 12 4 2 1 0 2
West Midlands 144 0 18 18 9 7 55 17 10 1 5 4
West Yorkshire 126 0 10 11 4 9 43 23 19 3 1 3
Wiltshire 25 0 0 4 1 0 14 4 1 0 0 1
Casework Directorate 0 0 0 0 0 0 0 0 0 0 0 0
Total 1945 0 165 203 112 131 781 258 121 20 50 104
Percentage 100% 0% 9% 10% 6% 7% 40% 13% 6% 1% 3% 5%

TABLE 9 – OFFENCES PROSECUTED IN THE CROWN COURT

AREA Charges Prosecuted HOMICIDE RA ASSAULT OTHER ASSAULT RA DAMAGE OTHER DAMAGE RA PUBLIC ORDER OTHER PUBLIC ORDER RA HARASSMENT OTHER HARASSMENT THEFT ACT OTHER
Avon & Somerset 12 0 5 3 0 0 1 2 1 0 0 0
Bedfordshire 19 0 2 7 0 1 0 3 0 0 6 0
Cambridgeshire 15 0 3 7 0 0 1 0 0 0 2 2
Cheshire 19 0 2 0 0 0 3 11 2 1 0 0
Cleveland 0 0 0 0 0 0 0 0 0 0 0 0
Cumbria 4 0 0 0 0 0 0 4 0 0 0 0
Derbyshire 5 0 2 0 0 0 1 2 0 0 0 0
Devon & Cornwall 10 0 2 2 0 1 1 1 3 0 0 0
Dorset 4 0 2 0 0 1 1 0 0 0 0 0
Durham 17 0 9 1 1 0 3 0 1 0 0 2
Dyfed Powys 5 0 4 0 0 0 1 0 0 0 0 0
Essex 3 0 1 0 1 0 0 1 0 0 0 0
Gloucestershire 0 0 0 0 0 0 0 0 0 0 0 0
Gt Manchester 50 0 11 9 1 2 6 8 4 3 3 3
Gwent 25 8 6 3 0 1 2 5 0 0 0 0
Hampshire 32 0 4 5 0 2 12 8 0 0 0 1
Hertfordshire 1 0 0 0 0 0 0 1 0 0 0 0
Humberside 14 0 0 2 3 3 0 4 0 0 0 2
Kent 5 0 3 0 0 0 2 0 0 0 0 0
Lancashire 4 0 3 1 0 0 0 0 0 0 0 0
Leicestershire 36 0 10 2 1 1 16 4 1 0 1 0
Lincolnshire 4 0 2 0 0 0 2 0 0 0 0 0
Merseyside 18 0 3 2 0 3 1 7 0 0 0 2
Metropolitan & City 161 1 46 30 9 9 19 18 13 0 8 8
Norfolk 6 0 3 2 0 0 0 1 0 0 0 0
Northants 5 0 1 3 0 0 1 0 0 0 0 0
Northumbria 20 0 2 4 2 0 4 5 1 0 2 0
North Wales 0 0 0 0 0 0 0 0 0 0 0 0
North Yorkshire 2 0 0 1 0 0 1 0 0 0 0 0
Nottinghamshire 30 0 6 1 1 0 7 12 1 1 0 1
South Wales 43 0 16 4 1 2 13 3 0 0 2 2
South Yorkshire 24 0 2 0 1 0 3 18 0 0 0 0
Staffordshire 5 0 2 0 0 0 0 3 0 0 0 0
Suffolk 1 0 0 0 0 0 1 0 0 0 0 0
Surrey 3 0 0 2 0 0 0 1 0 0 0 0
Sussex 29 0 3 7 1 0 6 7 2 0 2 1
Thames Valley 32 0 11 5 2 3 10 1 0 0 0 0
Warwickshire 10 0 2 3 0 1 0 3 0 0 1 0
West Mercia 8 0 1 0 0 0 1 2 1 0 3 0
West Midlands 48 0 11 4 4 3 4 6 5 1 2 8
West Yorkshire 26 0 5 8 1 2 5 3 2 0 0 0
Wiltshire 0 0 0 0 0 0 0 0 0 0 0 0
Casework Directorate 11 0 0 0 0 0 9 2 0 0 0 0
Total 766 9 185 118 29 35 137 146 37 6 32 32
Percentage 100% 1% 24% 15% 4% 5% 18% 19% 5% 1% 4% 4%

TABLE 10 – OFFENCES PROSECUTED IN THE YOUTH COURT

AREA Charges Prosecuted HOMICIDE RA ASSAULT OTHER ASSAULT RA DAMAGE OTHER DAMAGE RA PUBLIC ORDER OTHER PUBLIC ORDER RA HARASSMENT OTHER HARASS MENT THEFT ACT OTHER
Avon & Somerset 9 0 1 1 2 1 0 1 0 0 3 0
Bedfordshire 1 0 0 0 0 0 1 0 0 0 0 0
Cambridgeshire 1 0 0 0 0 0 0 0 1 0 0 0
Cheshire 9 0 0 0 2 0 5 0 1 0 0 1
Cleveland 1 0 0 0 1 0 0 0 0 0 0 0
Cumbria 0 0 0 0 0 0 0 0 0 0 0 0
Derbyshire 5 0 1 1 1 0 1 1 0 0 0 0
Devon & Cornwall 5 0 1 1 0 0 2 0 1 0 0 0
Dorset 3 0 0 1 0 1 1 0 0 0 0 0
Durham 11 0 0 0 0 0 10 0 0 0 1 0
Dyfed Powys 1 0 0 0 0 0 1 0 0 0 0 0
Essex 3 0 0 2 0 0 1 0 0 0 0 0
Gloucestershire 1 0 0 0 0 0 0 0 1 0 0 0
Gt Manchester 53 0 4 8 5 4 20 4 3 0 0 5
Gwent 6 0 1 0 0 0 5 0 0 0 0 0
Hampshire 25 0 0 7 0 2 5 3 5 1 1 1
Hertfordshire 3 0 1 0 0 0 2 0 0 0 0 0
Humberside 10 0 0 1 1 1 2 4 1 0 0 0
Kent 2 0 0 0 0 1 1 0 0 0 0 0
Lancashire 7 0 1 1 0 0 1 3 0 0 0 1
Leicestershire 8 0 2 1 0 3 1 0 0 0 0 1
Lincolnshire 2 0 1