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RACIST INCIDENT MONITORING SCHEME

1. INTRODUCTION

1.1 This is the fourth 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 1999 to 31 March 2000.

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 in each CPS Area. Returns are provided monthly to CPS Headquarters in York where the information is collated and the annual report prepared.

1.5 In April 1999, The CPS was restructured from 13 to 42 Areas. This is the first annual report to be prepared under the new structure and includes information regarding cases dealt with by the 42 CPS Areas and HQ Casework Directorate.

1.6 On 30 September 1998 the provisions of sections 28-32 and 82 of the Crime and Disorder Act 1998 came into effect. The Act creates a definition of racial aggravation and new offences of racially aggravated assault, criminal damage, public order and harassment. Section 82 imposes a duty on sentencing courts to treat evidence of racial aggravation as an aggravating feature, increasing the seriousness of the offence, in cases where offences are not specifically charged under the new sections.

1.7 The CPS Racist Incident Monitoring Scheme (RIMS) has been updated to take account of the provisions of the Crime and Disorder Act 1998. This year's report gives not only information regarding the specific racially aggravated offences created by the Act 1998 but also the following:

  • 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 the courts.

2. KEY FINDINGS – SUMMARY AND COMMENTS

2.1 IDENTIFICATION OF A RACIST INCIDENT

Number of defendants received 2417

Police identification 1879 - National percentage 78%

CPS identification 538 - National percentage 22%

Comment

The number of defendant cases received for prosecution has increased by over 50% from 1603 to 2417. Police performance in marking racist incident files for CPS attention continues to improve dramatically. This year's figure of 78% is a 20% increase on last year.

2.2 DEFENDANTS PROSECUTED/NOT PROSECUTED

Defendants prosecuted 1832

Defendants not prosecuted 585

% of defendants prosecuted National percentage 76%

Comment

The CPS prosecuted 76% of the cases received. The remaining 24% were discontinued, dropped at court or could not be prosecuted because the defendant failed to appear. The 24% figure, which covers proceedings in all courts, compares with the 23.3% figure for all types of offences over the same period.

2.3 CHARGES

Police charges : 3726
Charges added by The CPS : 288
% of charges unaltered by The CPS National percentage: 47%

TOTAL NUMBER OF CHARGES 4014

Charges prosecuted 2651

Charges dropped whilst others are pursued, not resulting in termination of defendant case : 566

Charges dropped resulting in termination of defendant case : 797

TOTAL NUMBER OF DROPPED CHARGES : 1363

Comment

This is the first 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 47% compared with the 63% in 1998 – 1999. The number of charges added by The CPS increased from 178 to 288, although this does not appear to be significant given the 50% increase in the number of cases received.

2.4 DETAILS OF CHARGES PROSECUTED

Number of charges prosecuted 2651

Racially aggravated assaults 323

Racially aggravated criminal damage 113

Racially aggravated public order 723

Racially aggravated harassment 140

Other assaults 438

Other criminal damage 172

Other public order 492

Other harassment 44

Theft Act 73

Other 133

Homicide 0

Comment

Just under half of the 2651 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 high proportion contained admissible evidence of racial aggravation.

2.5 OUTCOME OF CHARGES PROSECUTED

Guilty pleas 1743 National Percentage: 66%
Guilty after contest 335 National Percentage: 12.5%
Committal discharge 15 National Percentage: 0.5%
Half-time acquittal 109 National Percentage: 4%
Full-time acquittal 327 National Percentage: 12%
Bound over without trial 122 National Percentage: 5%

Venue of Cases

Charges dealt with at the Mags. Court 1607 National Percentage: 61%
Charges dealt with at the Crown Court 711 National Percentage: 27%
Charges dealt with at the Youth Court 333 National Percentage: 12%

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.

2.6 REASONS FOR DROPPING CHARGES (where all charges in a case are dropped)

Dropped: witness fails to attend 194 National Percentage: 25%
Dropped: witness refuses to give evidence 90 National Percentage: 11%
Dropped: other insufficient evidence 329 National Percentage: 41%
Dropped: public interest 101 National Percentage: 13%
Dropped: written off/other 83 National Percentage: 10%

Comment

A significant proportion of charges dropped resulting in whole case termination are dropped as a result of witness difficulties (36%). Charges dropped because there is insufficient evidence account for a further 41%. Charges not pursued on public interest grounds account for 13% with the most common reason being that the defendant is being dealt with on more serious offences or is serving a long prison sentence. The remaining 10% of charges could not be prosecuted because the defendant failed to attend court and/or could not be traced.

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, 2417 defendants were charged with an offence which, in view of the police or CPS, met the definition of a racist incident. In comparison with 1998-1999 this represents an increase of over 50%. Table 1 represents the total number of defendants handled by each CPS Area.

TABLE 1 – THE NUMBER OF DEFENDANTS RECEIVED FROM EACH CPS AREA

  • Avon & Somerset 31
  • Bedfordshire 43
  • Cambridgeshire 50
  • Cheshire 51
  • Cleveland 11
  • Cumbria 10
  • Derbyshire 50
  • Devon & Cornwall 32
  • Dorset 18
  • Durham 24
  • Dyfed Powys 15
  • Essex 11
  • Gloucestershire 13
  • Gt Manchester 155
  • Gwent 38
  • Hampshire 38
  • Hertfordshire 24
  • Humberside 12
  • Kent 31
  • Lancashire 74
  • Leicestershire 77
  • Lincolnshire 13
  • Merseyside 61
  • Metropolitan & City 577
  • Norfolk 19
  • Northants 46
  • Northumbria 179
  • North Wales 14
  • North Yorkshire 21
  • Nottinghamshire 73
  • South Wales 157
  • South Yorkshire 40
  • Staffordshire 10
  • Suffolk 24
  • Surrey 6
  • Sussex 41
  • Thames Valley 65
  • Warwickshire 17
  • West Mercia 9
  • West Midlands 116
  • West Yorkshire 97
  • Wiltshire 22
  • Casework Dir 2
  • Total 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 78% of cases as meeting the Macpherson definition of a racist incident. Compared to last year's report this is an increase of 20%. The CPS identified the remaining 22%. Table 2 indicates the identification performance of The CPS and the police by Area.

4.3 Police identification in 19 CPS Areas was below the national average of 78%. Identification by the police was over 80% in 21 Areas. In three Areas it was 100%.

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

  • Avon & Somerset - Identified by Police: 27 87% - Identified by CPS: 4 13%
  • Bedfordshire - Identified by Police: 24 56% - Identified by CPS: 19 44%
  • Cambridgeshire - Identified by Police: 43 86% - Identified by CPS: 7 14%
  • Cheshire - Identified by Police: 46 90% - Identified by CPS: 5 10%
  • Cleveland - Identified by Police: 11 100% - Identified by CPS: 0 0%
  • Cumbria - Identified by Police: 5 50% - Identified by CPS: 5 50%
  • Derbyshire - Identified by Police: 39 78% - Identified by CPS: 11 22%
  • Devon & Cornwall - Identified by Police: 22 69% - Identified by CPS: 10 31%
  • Dorset - Identified by Police: 16 89% - Identified by CPS: 2 11%
  • Durham - Identified by Police: 14 58% - Identified by CPS: 10 42%
  • Dyfed Powys - Identified by Police: 11 73% - Identified by CPS: 4 27%
  • Essex - Identified by Police: 10 91% - Identified by CPS: 1 9%
  • Gloucestershire - Identified by Police: 11 85% - Identified by CPS: 2 15%
  • Gt Manchester - Identified by Police: 115 74% - Identified by CPS: 40 26%
  • Gwent - Identified by Police: 29 76% - Identified by CPS: 9 24%
  • Hampshire - Identified by Police: 28 74% - Identified by CPS: 10 26%
  • Hertfordshire - Identified by Police: 22 92% - Identified by CPS: 2 8%
  • Humberside - Identified by Police: 11 92% - Identified by CPS: 1 8%
  • Kent - Identified by Police: 21 68% - Identified by CPS: 10 32%
  • Lancashire - Identified by Police: 61 82% - Identified by CPS: 13 18%
  • Leicestershire - Identified by Police: 68 88% - Identified by CPS: 9 12%
  • Lincolnshire - Identified by Police: 5 38% - Identified by CPS: 8 62%
  • Merseyside - Identified by Police: 52 85% - Identified by CPS: 9 15%
  • Metropolitan & City - Identified by Police: 456 79% - Identified by CPS: 121 21%
  • Norfolk - Identified by Police: 16 84% - Identified by CPS: 3 16%
  • Northants - Identified by Police: 35 76% - Identified by CPS: 11 24%
  • Northumbria - Identified by Police: 161 90% - Identified by CPS: 18 10%
  • North Wales - Identified by Police: 8 57% - Identified by CPS: 6 43%
  • North Yorkshire - Identified by Police: 15 71% - Identified by CPS: 6 29%
  • Nottinghamshire - Identified by Police: 60 82% - Identified by CPS: 13 18%
  • South Wales - Identified by Police: 88 56% - Identified by CPS: 69 44%
  • South Yorkshire - Identified by Police: 28 70% - Identified by CPS: 12 30%
  • Staffordshire - Identified by Police: 6 60% - Identified by CPS: 4 40%
  • Suffolk - Identified by Police: 22 92% - Identified by CPS: 2 8%
  • Surrey - Identified by Police: 6 100% - Identified by CPS: 0 0%
  • Sussex - Identified by Police: 27 66% - Identified by CPS: 14 34%
  • Thames Valley - Identified by Police: 57 88% - Identified by CPS: 8 12%
  • Warwickshire - Identified by Police: 11 65% - Identified by CPS: 6 35%
  • West Mercia - Identified by Police: 7 78% - Identified by CPS: 2 22%
  • West Midlands - Identified by Police: 79 68% - Identified by CPS: 37 32%
  • West Yorkshire - Identified by Police: 83 86% - Identified by CPS: 14 14%
  • Wiltshire - Identified by Police: 21 95% - Identified by CPS: 1 5%
  • Casework Dir - Identified by Police: 2 100% - Identified by CPS: 0 0%
  • Total - Identified by Police: 1879 78% - Identified by CPS: 538 22%

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 2417 defendant cases referred to The CPS, the police supplied a copy of their racist incident report form or computer record in only 452 cases (19%). 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: 9 29% - No: 22 71%
  • Bedfordshire - Yes: 1 2% - No: 42 98%
  • Cambridgeshire - Yes: 15 30% - No: 35 70%
  • Cheshire - Yes: 15 29% - No: 36 71%
  • Cleveland - Yes: 2 18% - No: 9 82%
  • Cumbria - Yes: 0 0% - No: 10 100%
  • Derbyshire - Yes: 6 12% - No: 44 88%
  • Devon & Cornwall - Yes: 14 44% - No: 18 56%
  • Dorset - Yes: 5 28% - No: 13 72%
  • Durham - Yes: 1 4% - No: 23 96%
  • Dyfed Powys - Yes: 3 20% - No: 12 80%
  • Essex - Yes: 0 0% - No: 11 100%
  • Gloucestershire - Yes: 0 0% - No: 13 100%
  • Gt Manchester - Yes: 54 35% - No: 101 65%
  • Gwent - Yes: 6 16% - No: 32 84%
  • Hampshire - Yes: 2 5% - No: 36 95%
  • Hertfordshire - Yes: 5 21% - No: 19 79%
  • Humberside - Yes: 2 17% - No: 10 83%
  • Kent - Yes: 0 0% - No: 31 100%
  • Lancashire - Yes: 14 19% - No: 60 81%
  • Leicestershire - Yes: 4 5% - No: 73 95%
  • Lincolnshire - Yes: 1 8% - No: 12 92%
  • Merseyside - Yes: 20 33% - No: 41 67%
  • Metropolitan & City - Yes: 52 9% - No: 525 91%
  • Norfolk - Yes: 0 0% - No: 19 100%
  • Northants - Yes: 3 7% - No: 43 93%
  • Northumbria - Yes: 96 54% - No: 83 46%
  • North Wales - Yes: 1 7% - No: 13 93%
  • North Yorkshire - Yes: 1 5% - No: 20 95%
  • Nottinghamshire - Yes: 40 55% - No: 33 45%
  • South Wales - Yes: 21 13% - No: 136 87%
  • South Yorkshire - Yes: 2 5% - No: 38 95%
  • Staffordshire - Yes: 2 20% - No: 8 80%
  • Suffolk - Yes: 1 7% - No: 23 93%
  • Surrey - Yes: 0 0% - No: 6 100%
  • Sussex - Yes: 4 10% - No: 37 90%
  • Thames Valley - Yes: 9 14% - No: 56 86%
  • Warwickshire - Yes: 0 0% - No: 17 100%
  • West Mercia - Yes: 0 0% - No: 9 100%
  • West Midlands - Yes: 4 3% - No: 112 97%
  • West Yorkshire - Yes: 35 36% - No: 62 64%
  • Wiltshire - Yes: 1 5% - No: 21 95%
  • Casework Dir - Yes: 1 50% - No: 1 50%
  • Total - Yes: 452 19% - No: 1965 81%

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 1904 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: 26 84% - No: 5 16%
  • Bedfordshire - Yes: 21 49% - No: 22 51%
  • Cambridgeshire - Yes: 29 58% - No: 21 42%
  • Cheshire - Yes: 46 90% - No: 5 10%
  • Cleveland - Yes: 11 100% - No: 0 0%
  • Cumbria - Yes: 8 80% - No: 2 20%
  • Derbyshire - Yes: 36 72% - No: 14 28%
  • Devon & Cornwall - Yes: 24 75% - No: 8 25%
  • Dorset - Yes: 14 78% - No: 4 22%
  • Durham - Yes: 16 67% - No: 8 33%
  • *Dyfed Powys - Yes: 14 93% - No: 0 0%
  • *Essex - Yes: 9 82% - No: 1 9%
  • Gloucestershire - Yes: 10 77% - No: 3 23%
  • Gt Manchester - Yes: 142 92% - No: 13 8%
  • Gwent - Yes: 35 92% - No: 3 8%
  • Hampshire - Yes: 31 82% - No: 7 18%
  • *Hertfordshire - Yes: 16 67% - No: 6 25%
  • Humberside - Yes: 12 100% - No: 0 0%
  • Kent - Yes: 25 81% - No: 6 19%
  • *Lancashire - Yes: 55 74% - No: 18 24%
  • *Leicestershire - Yes: 53 69% - No: 23 30%
  • Lincolnshire - Yes: 8 62% - No: 5 38%
  • *Merseyside - Yes: 54 89% - No: 6 10%
  • *Metropolitan & City - Yes: 464 80% - No: 95 16%
  • Norfolk - Yes: 16 84% - No: 3 16%
  • *Northants - Yes: 33 72% - No: 9 20%
  • Northumbria - Yes: 148 83% - No: 31 17%
  • North Wales - Yes: 13 93% - No: 1 7%
  • North Yorkshire - Yes: 12 57% - No: 9 43%
  • Nottinghamshire - Yes: 66 90% - No: 7 10%
  • *South Wales - Yes: 113 72% - No: 42 27%
  • South Yorkshire - Yes: 36 90% - No: 4 10%
  • Staffordshire - Yes: 10 100% - No: 0 0%
  • Suffolk - Yes: 15 60% - No: 9 40%
  • Surrey - Yes: 6 100% - No: 0 0%
  • *Sussex - Yes: 24 59% - No: 16 39%
  • Thames Valley - Yes: 49 75% - No: 16 25%
  • Warwickshire - Yes: 11 65% - No: 6 35%
  • West Mercia - Yes: 7 78% - No: 2 22%
  • West Midlands - Yes: 90 78% - No: 26 22%
  • West Yorkshire - Yes: 75 77% - No: 22 23%
  • Wiltshire - Yes: 19 86% - No: 3 14%
  • Casework Dir - Yes: 2 100% - No: 0 0%
  • Total - Yes: 1904 80% - No: 481 20%

* The remaining defendant cases were dealt with prior to the introduction of the Crime and Disorder Act.

7. OFFENCES CHARGED BY THE POLICE

7.1 During the reporting year there were 3726 offences charged by the police, broken down as follows:

543 racially aggravated assaults

189 racially aggravated criminal damage

1000 racially aggravated public order

222 racially aggravated harassment

545 other assaults

254 other criminal damage

635 other public order

53 other harassment

114 Theft Act

1 homicide

170 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 as basic offences under other legislation, but the majority were prosecuted as racist crimes in that they met the definition of racial aggravation under the Act.

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 35 0 8 2 0 2 14 6 2 0 1 0
Bedfordshire 64 0 6 24 0 5 8 10 2 0 1 8
Cambridgeshire 73 0 24 11 4 3 18 8 0 2 3 0
Cheshire 60 0 6 5 5 4 26 11 2 1 0 0
Cleveland 21 0 8 3 1 1 5 2 0 0 1 0
Cumbria 18 0 2 4 1 2 4 4 1 0 0 0
Derbyshire 77 0 8 9 2 4 15 30 4 4 0 1
Devon & Cornwall 52 0 5 10 2 3 17 9 2 1 1 2
Dorset 29 0 3 5 0 1 7 5 6 2 0 0
Durham 31 0 3 1 1 2 10 5 6 1 2 0
Dyfed Powys 24 0 4 1 3 2 8 5 1 0 0 0
Essex 15 0 5 3 0 1 1 1 0 2 1 1
Gloucestershire 25 0 2 3 2 2 8 1 4 1 2 0
Gt Manchester 260 0 46 50 17 17 56 47 7 3 5 12
Gwent 63 0 7 10 5 5 17 7 9 2 0 1
Hampshire 64 0 8 6 3 5 21 14 0 0 5 2
Hertfordshire 39 0 5 12 2 5 8 5 2 0 0 0
Humberside 13 0 1 0 1 0 4 7 0 0 0 0
Kent 47 0 14 10 1 0 13 5 0 0 2 2
Lancashire 97 0 12 16 4 5 42 12 3 0 2 1
Leicestershire 122 0 14 21 8 7 29 29 4 2 3 5
Lincolnshire 17 0 2 2 0 0 5 5 0 1 0 2
Merseyside 95 0 10 7 9 11 26 16 1 0 2 13
Metropolitan & City 928 1 165 139 60 52 209 127 66 12 36 61
Norfolk 29 0 4 2 1 1 14 4 0 0 3 0
Northants 94 0 9 15 0 11 20 18 4 3 8 6
Northumbria 215 0 21 15 5 14 98 34 13 3 2 10
North Wales 20 0 1 3 2 0 11 1 0 0 1 1
North Yorkshire 35 0 1 2 6 7 12 7 0 0 0 0
Nottinghamshire 110 0 18 12 5 9 40 15 2 1 2 6
South Wales 292 0 35 47 11 31 66 69 11 2 7 13
South Yorkshire 55 0 4 4 5 4 17 12 2 2 1 4
Staffordshire 14 0 2 1 1 1 1 3 4 0 0 1
Suffolk 30 0 3 2 0 2 10 4 6 1 0 2
Surrey 6 0 0 0 0 0 5 0 1 0 0 0
Sussex 70 0 9 22 0 6 10 15 4 0 4 0
Thames Valley 98 0 22 13 5 3 22 22 0 1 8 2
Warwickshire 24 0 3 5 1 2 3 6 1 0 0 3
West Mercia 20 0 3 3 1 2 5 4 0 0 2 0
West Midlands 177 0 23 27 6 16 40 36 13 5 8 3
West Yorkshire 136 0 12 13 9 5 40 14 36 1 1 5
Wiltshire 27 0 5 5 0 1 13 0 3 0 0 0
Casework Directorate 5 0 0 0 0 0 2 0 0 0 0 3
Total 3726 1 543 545 189 254 1000 635 222 53 114 170
% 100% 0% 14.50% 14.50% 5% 7% 27% 17% 6% 1% 3% 5%

RA = RACIALLY AGGRAVATED

8. CPS ACTION ON POLICE CHARGES

8.1 Of the 3726 police charges, 47% (or 1769 charges) were unaltered by The CPS, compared with over 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 53%.

TABLE 6 – CPS ACTION ON POLICE CHARGES

AREA Number of Police Charges Unaltered Increase Severity Increase Non RA To RA Reduce RA To Non RA Reduce Other (evidential) Reduce Other (PI reasons) Dropped: Witness Fails To Attend Dropped: Witness Refuses To give evidence Dropped: Other Insufficient Evidence Dropped: Public Interest Written off/ Other
Avon & Somerset 35 22 1 1 3 0 0 0 4 3 1 0
Bedfordshire 64 26 2 5 0 6 1 2 1 15 3 3
Cambridgeshire 73 27 1 4 10 4 0 2 2 11 12 0
Cheshire 60 33 2 7 7 5 0 2 0 2 2 0
Cleveland 21 13 0 6 0 0 0 0 0 1 1 0
Cumbria 18 3 0 1 2 0 0 5 1 0 2 4
Derbyshire 77 31 2 17 2 5 0 0 3 9 4 4
Devon & Cornwall 52 24 0 3 1 3 0 2 1 6 7 5
Dorset 29 13 0 0 0 1 0 2 0 12 0 1
Durham 31 20 1 1 1 0 0 2 1 1 3 1
Dyfed Powys 24 13 0 0 0 0 0 2 4 2 2 1
Essex 15 4 0 2 1 1 0 0 0 7 0 0
Gloucestershire 25 12 0 1 0 0 1 5 0 5 1 0
Gt Manchester 260 131 2 19 4 15 0 12 18 34 15 10
Gwent 63 25 8 3 0 4 0 7 4 7 4 1
Hampshire 64 27 1 8 3 3 2 1 1 16 2 0
Hertfordshire 39 18 6 2 1 3 0 0 0 2 1 6
Humberside 13 9 0 1 0 1 0 1 0 1 0 0
Kent 47 24 1 1 7 2 0 4 0 3 1 4
Lancashire 97 49 3 6 9 6 1 6 3 6 8 0
Leicestershire 122 46 4 1 14 7 0 5 3 22 15 5
Lincolnshire 17 7 0 0 0 2 0 0 0 5 1 2
Merseyside 95 54 2 0 2 2 0 6 8 12 6 3
Metropolitan & City 928 433 5 35 34 34 4 97 36 146 52 52
Norfolk 29 16 0 0 4 0 0 2 0 3 4 0
Northants 94 50 2 3 1 0 0 6 5 6 8 13
Northumbria 215 81 0 4 19 22 1 22 10 18 19 19
North Wales 20 13 0 5 0 1 0 0 0 0 1 0
North Yorkshire 35 19 9 0 2 1 0 0 0 0 3 1
Nottinghamshire 110 70 4 2 3 1 2 10 0 3 12 3
South Wales 292 122 2 6 4 6 0 23 4 78 26 21
South Yorkshire 55 31 2 3 0 6 0 3 0 5 5 0
Staffordshire 14 7 0 1 0 0 0 4 1 0 1 0
Suffolk 30 10 0 1 0 1 0 0 0 14 4 0
Surrey 6 3 0 0 1 0 0 0 0 1 1 0
Sussex 70 22 1 2 1 8 1 11 1 18 4 1
Thames Valley 98 56 2 1 13 10 0 1 2 11 1 1
Warwickshire 24 18 0 0 1 0 0 0 0 2 1 2
West Mercia 20 10 0 0 2 2 0 0 0 4 2 0
West Midlands 177 92 4 12 9 7 3 7 2 16 14 11
West Yorkshire 136 64 2 3 7 6 0 7 7 26 9 5
Wiltshire 27 17 0 0 1 2 0 2 1 3 0 1
Casework Directorate 5 4 0 0 0 0 0 0 0 1 0 0
Total 3726 1769 69 167 169 177 16 261 123 537 258 180
% 100% 47% 2% 4% 5% 5% 1% 7% 3% 14% 7% 5%

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 3726 police charges recorded for the reporting period. A further 288 charges were added by The CPS, making a total of 4014 charges. A breakdown of the charges by offence type is given in Table 7.

TABLE 7 – OFFENCES ADDED BY THE CPS

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 35 1 0 0 0 0 0 1 0 0 0 0 0
Bedfordshire 64 4 0 1 2 0 0 0 0 0 0 0 1
Cambridgeshire 73 1 0 0 0 0 0 1 0 0 0 0 0
Cheshire 60 1 0 0 0 0 0 1 0 0 0 0 0
Cleveland 21 1 0 0 0 0 0 1 0 0 0 0 0
Cumbria 18 2 0 0 0 0 0 1 1 0 0 0 0
Derbyshire 77 4 0 0 1 0 1 1 1 0 0 0 0
Devon & Cornwall 52 4 0 0 1 0 0 1 0 0 2 0 0
Dorset 29 1 0 1 0 0 0 0 0 0 0 0 0
Durham 31 1 0 0 1 0 0 0 0 0 0 0 0
Dyfed Powys 24 1 0 0 0 0 0 1 0 0 0 0 0
Essex 15 1 0 0 0 0 0 0 0 1 0 0 0
Gloucestershire 25 0 0 0 0 0 0 0 0 0 0 0 0
Gt Manchester 260 28 0 1 5 1 3 5 6 1 1 4 1
Gwent 63 2 0 1 0 0 0 1 0 0 0 0 0
Hampshire 64 6 0 0 0 0 0 2 3 1 0 0 0
Hertfordshire 39 2 0 1 1 0 0 0 0 0 0 0 0
Humberside 13 0 0 0 0 0 0 0 0 0 0 0 0
Kent 47 1 0 0 0 0 0 0 1 0 0 0 0
Lancashire 97 4 0 0 0 1 0 2 0 0 0 0 1
Leicestershire 122 7 0 0 0 0 0 4 3 0 0 0 0
Lincolnshire 17 1 0 0 0 0 0 1 0 0 0 0 0
Merseyside 95 3 0 0 0 0 0 0 2 1 0 0 0
Metropolitan & City 928 101 0 17 34 1 9 11 16 1 3 2 7
Norfolk 29 4 0 0 2 0 0 0 2 0 0 0 0
Northants 94 6 0 0 1 0 0 1 1 0 0 1 2
Northumbria 215 1 0 0 0 0 0 1 0 0 0 0 0
North Wales 20 0 0 0 0 0 0 0 0 0 0 0 0
North Yorkshire 35 1 0 0 0 0 0 1 0 0 0 0 0
Nottinghamshire 110 7 0 1 1 0 0 3 2 0 0 0 0
South Wales 292 40 0 3 2 2 4 3 4 10 0 0 12
South Yorkshire 55 4 0 0 1 0 0 1 0 2 0 0 0
Staffordshire 14 0 0 0 0 0 0 0 0 0 0 0 0
Suffolk 30 2 0 0 1 0 0 1 0 0 0 0 0
Surrey 6 1 0 0 0 0 0 0 0 1 0 0 0
Sussex 70 10 0 0 2 0 0 3 5 0 0 0 0
Thames Valley 98 7 0 0 3 0 0 3 1 0 0 0 0
Warwickshire 24 1 0 0 0 0 0 1 0 0 0 0 0
West Mercia 20 2 0 0 0 0 1 0 0 0 0 0 1
West Midlands 177 18 0 0 1 2 0 4 6 2 2 0 1
West Yorkshire 136 6 0 0 1 0 0 1 1 0 0 0 3
Wiltshire 27 1 0 0 0 0 0 1 0 0 0 0 0
Casework Directorate 5 0 0 0 0 0 0 0 0 0 0 0 0
Total 3726 288 0 26 60 7 18 58 55 20 8 7 29
% 100% 0% 9% 21% 2.50% 6% 20% 19% 7% 3% 2.50% 10%

RA = RACIALLY AGGRAVATED

10. DETAILS OF CHARGES PROSECUTED

10.1 A total of 1832 defendants were prosecuted in the magistrates' court, Crown Court and youth court on 2651 charges (charges either put by the police or added by The CPS). Of the 2651 charges, 1607 charges (61%) were prosecuted in the magistrates' court, 711 charges (27%) in the Crown Court and 333 charges (12%) 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 25 0 4 1 0 2 12 5 1 0 0 0
Bedfordshire 27 0 2 11 0 4 4 3 1 0 0 2
Cambridgeshire 23 0 3 3 1 1 10 5 0 0 0 0
Cheshire 44 0 3 5 3 3 20 8 0 1 0 1
Cleveland 9 0 3 3 0 0 2 0 0 0 1 0
Cumbria 7 0 0 0 0 0 3 3 1 0 0 0
Derbyshire 45 0 3 6 1 3 12 14 3 2 0 1
Devon & Cornwall 20 0 1 4 1 1 7 2 1 2 0 1
Dorset 4 0 0 1 0 0 1 1 1 0 0 0
Durham 18 0 1 1 0 1 2 3 8 1 1 0
Dyfed Powys 10 0 1 1 1 1 4 2 0 0 0 0
Essex 4 0 0 1 0 0 2 0 0 1 0 0
Gloucestershire 14 0 2 3 1 0 4 1 2 0 1 0
Gt Manchester 103 0 11 10 7 10 26 26 2 2 4 5
Gwent 35 0 3 5 0 5 11 4 4 2 0 1
Hampshire 29 0 1 5 1 3 11 6 0 0 0 2
Hertfordshire 17 0 3 2 1 3 6 2 0 0 0 0
Humberside 6 0 0 0 1 0 3 2 0 0 0 0
Kent 28 0 5 9 1 0 6 5 0 0 2 0
Lancashire 52 0 3 12 1 4 20 8 2 0 1 1
Leicestershire 63 0 6 9 3 2 21 14 2 2 2 2
Lincolnshire 8 0 0 2 0 0 1 4 0 1 0 0
Merseyside 50 0 3 2 4 5 19 8 1 0 1 7
Metropolitan & City 344 0 31 57 14 26 95 56 18 8 11 28
Norfolk 17 0 2 2 0 1 5 7 0 0 0 0
Northants 58 0 7 6 0 4 18 7 3 3 4 6
Northumbria 84 0 6 6 2 6 33 21 2 2 2 4
North Wales 16 0 1 2 1 0 10 0 0 0 1 1
North Yorkshire 14 0 1 3 1 1 7 1 0 0 0 0
Nottinghamshire 68 0 7 9 1 4 32 10 1 0 2 2
South Wales 79 0 5 18 4 5 23 15 4 0 3 2
South Yorkshire 25 0 2 1 6 0 9 4 3 0 0 0
Staffordshire 3 0 1 0 0 0 1 1 0 0 0 0
Suffolk 12 0 1 1 0 0 8 0 2 0 0 0
Surrey 5 0 0 0 0 0 3 1 1 0 0 0
Sussex 14 0 1 2 0 0 7 4 0 0 0 0
Thames Valley 40 0 4 5 2 2 16 9 0 0 1 1
Warwickshire 19 0 2 5 1 2 4 3 0 0 0 2
West Mercia 6 0 0 0 1 1 1 2 0 0 0 1
West Midlands 92 0 12 15 7 4 29 19 3 1 2 0
West Yorkshire 54 0 2 5 2 0 15 8 15 4 0 3
Wiltshire 12 0 1 0 0 1 9 0 1 0 0 0
Casework Directorate 4 0 0 0 0 0 1 0 0 0 0 3
Total 1607 0 144 233 69 105 533 294 82 32 39 76
% 100% 0% 9% 14.50% 4% 7% 33% 18% 5% 2% 2.50% 5%

RA = RACIALLY AGGRAVATED

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 2 0 1 1 0 0 0 0 0 0 0 0
Bedfordshire 11 0 1 8 0 0 1 0 0 0 0 1
Cambridgeshire 25 0 7 10 1 2 2 3 0 0 0 0
Cheshire 5 0 0 3 0 0 1 1 0 0 0 0
Cleveland 1 0 1 0 0 0 0 0 0 0 0 0
Cumbria 0 0 0 0 0 0 0 0 0 0 0 0
Derbyshire 16 0 3 1 0 2 2 7 1 0 0 0
Devon & Cornwall 10 0 2 3 0 1 3 0 0 0 1 0
Dorset 3 0 0 1 0 0 1 0 1 0 0 0
Durham 2 0 0 0 0 0 0 2 0 0 0 0
Dyfed Powys 4 0 1 0 0 0 3 0 0 0 0 0
Essex 4 0 1 1 0 0 0 0 1 1 0 0
Gloucestershire 0 0 0 0 0 0 0 0 0 0 0 0
Gt Manchester 61 0 12 21 1 1 3 14 1 2 4 2
Gwent 11 0 2 1 2 2 2 2 0 0 0 0
Hampshire 4 0 1 0 1 0 1 1 0 0 0 0
Hertfordshire 13 0 3 6 1 0 0 3 0 0 0 0
Humberside 1 0 0 0 0 0 1 0 0 0 0 0
Kent 8 0 3 0 0 0 2 2 0 0 0 1
Lancashire 7 0 1 0 1 0 1 3 0 0 1 0
Leicestershire 4 0 1 1 0 0 1 0 1 0 0 0
Lincolnshire 0 0 0 0 0 0 0 0 0 0 0 0
Merseyside 6 0 1 1 0 0 0 3 0 1 0 0
Metropolitan & City 255 0 53 61 17 12 24 40 15 3 13 17
Norfolk 7 0 0 2 0 0 0 2 0 0 3 0
Northants 3 0 1 2 0 0 0 0 0 0 0 0
Northumbria 5 0 2 0 0 1 0 1 1 0 0 0
North Wales 1 0 0 1 0 0 0 0 0 0 0 0
North Yorkshire 9 0 0 0 3 0 6 0 0 0 0 0
Nottinghamshire 8 0 4 2 0 0 2 0 0 0 0 0
South Wales 81 0 9 7 2 4 6 24 10 0 0 19
South Yorkshire 11 0 2 0 0 0 2 4 0 0 0 3
Staffordshire 5 0 0 0 1 0 0 0 3 0 0 1
Suffolk 0 0 0 0 0 0 0 0 0 0 0 0
Surrey 0 0 0 0 0 0 0 0 0 0 0 0
Sussex 25 0 3 4 0 3 3 6 2 0 4 0
Thames Valley 39 0 17 8 0 2 1 11 0 0 0 0
Warwickshire 0 0 0 0 0 0 0 0 0 0 0 0
West Mercia 9 0 1 2 0 2 0 2 0 0 2 0
West Midlands 38 0 6 5 0 3 1 13 5 4 0 1
West Yorkshire 9 0 1 1 0 0 6 0 0 0 1 0
Wiltshire 8 0 4 0 0 0 4 0 0 0 0 0
Casework Directorate 0 0 0 0 0 0 0 0 0 0 0 0
Total 711 0 144 153 30 35 79 144 41 11 29 45
% 100% 0% 20% 22% 4% 5% 11% 20% 6% 2% 4% 6%

RA = RACIALLY AGGRAVATED

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 Harassment Theft Act Other
Avon & Somerset 1 0 0 0 0 0 0 0 1 0 0 0
Bedfordshire 6 0 0 1 0 0 1 1 1 0 0 2
Cambridgeshire 1 0 0 0 0 0 1 0 0 0 0 0
Cheshire 5 0 0 0 0 0 3 2 0 0 0 0
Cleveland 10 0 4 0 1 1 3 1 0 0 0 0
Cumbria 1 0 0 1 0 0 0 0 0 0 0 0
Derbyshire 0 0 0 0 0 0 0 0 0 0 0 0
Devon & Cornwall 5 0 0 3 0 0 1 1 0 0 0 0
Dorset 6 0 0 0 0 1 2 3 0 0 0 0
Durham 4 0 0 0 1 1 0 0 2 0 0 0
Dyfed Powys 0 0 0 0 0 0 0 0 0 0 0 0
Essex 1 0 0 1 0 0 0 0 0 0 0 0
Gloucestershire 0 0 0 0 0 0 0 0 0 0 0 0
Gt Manchester 36 0 3 8 2 3 17 2 0 0 0 1
Gwent 1 0 0 0 0 0 1 0 0 0 0 0
Hampshire 14 0 0 2 1 0 7 3 1 0 0 0
Hertfordshire 2 0 0 1 0 0 1 0 0 0 0 0
Humberside 5 0 0 0 0 0 0 5 0 0 0 0
Kent 0 0 0 0 0 0 0 0 0 0 0 0
Lancashire 16 0 4 3 0 1 7 0 1 0 0 0
Leicestershire 13 0 0 0 3 5 1 4 0 0 0 0
Lincolnshire 0 0 0 0 0 0 0 0 0 0 0 0
Merseyside 4 0 1 0 0 0 2 1 0 0 0 0
Metropolitan & City 49 0 8 12 2 5 17 2 1 0 2 0
Norfolk 0 0 0 0 0 0 0 0 0 0 0 0
Northants 1 0 0 0 0 0 0 0 0 0 1 0
Northumbria 42 0 3 3 1 1 18 9 5 0 0 2
North Wales 2 0 0 0 1 0 1 0 0 0 0 0
North Yorkshire 10 0 0 0 0 5 0 5 0 0 0 0
Nottinghamshire 15 0 1 5 1 1 5 2 0 0 0 0
South Wales 7 0 2 0 1 2 1 1 0 0 0 0
South Yorkshire 9 0 0 2 0 1 4 1 0 0 0 1
Staffordshire 0 0 0 0 0 0 0 0 0 0 0 0
Suffolk 2 0 0 0 0 0 1 0 0 1 0 0
Surrey 0 0 0 0 0 0 0 0 0 0 0 0
Sussex 7 0 2 2 0 0 0 3 0 0 0 0
Thames Valley 8 0 1 2 0 2 2 0 0 0 0 1
Warwickshire 1 0 1 0 0 0 0 0 0 0 0 0
West Mercia 1 0 0 0 0 0 1 0 0 0 0 0
West Midlands 21 0 3 2 0 2 5 6 1 0 2 0
West Yorkshire 26 0 2 3 0 1 9 2 4 0 0 5
Wiltshire 1 0 0 1 0 0 0 0 0 0 0 0
Casework Directorate 0 0 0 0 0 0 0 0 0 0 0 0
Total 333 0 35 52 14 32 111 54 17 1 5 12
% 100% 0% 11% 16% 4% 10% 33% 16% 5% 0% 1% 4%

RA = RACIALLY AGGRAVATED

10.2 Specific racially aggravated offences as defined by the Crime and Disorder Act 1998 accounted for 51% of the total number of charges prosecuted in the magistrates' court, 41% in the Crown Court and 53% in the youth court. Overall, 48% of the charges prosecuted were specific racially aggravated offences.

10.3 The remaining 52% related to charges not capable of being charged as specific racially aggravated offences and were, therefore, prosecuted under other legislation. A percentage of these charges, however, contained admissible evidence of racial aggravation which was put before the court on a guilty plea or in a contested trial (see Table 4 above which indicates that there was sufficient evidence to establish racial aggravation in 80% of the defendant cases received).

11. OUTCOME OF CHARGES PROSECUTED

Magistrates' Court

11.1 1607 charges were prosecuted in the magistrates' court. Defendants pleaded guilty to 1092 of these charges (68%) and were convicted after contest in respect of 214 charges (13%). This is a conviction rate of 81%, but it should be noted that this is based on charges and not defendants for whom the figure would be higher. In respect of the remaining 301 charges, defendants were either acquitted, bound over without trial or discharged at committal.

TABLE 11 - OUTCOME OFCHARGES PROSECUTED IN MAGISTRATES' COURT

AREA Charges Prosecuted Guilty Guilty After Contest Committal Discharge Half Time Acquittal Full Time Acquittal Bound Over Without Trial
Avon & Somerset 25 17 5 0 1 1 1
Bedfordshire 27 22 0 0 0 2 3
Cambridgeshire 23 20 1 1 0 0 1
Cheshire 44 33 2 0 1 6 2
Cleveland 9 7 0 0 0 1 1
Cumbria 7 6 1 0 0 0 0
Derbyshire 45 28 4 0 0 6 7
Devon & Cornwall 20 15 4 0 0 1 0
Dorset 4 2 0 0 1 0 1
Durham 18 9 2 0 2 5 0
Dyfed Powys 10 7 1 0 1 1 0
Essex 4 3 1 0 0 0 0
Gloucestershire 14 10 3 1 0 0 0
Gt Manchester 103 58 18 0 3 19 5
Gwent 35 24 8 0 0 3 0
Hampshire 29 20 8 0 0 1 0
Hertfordshire 17 12 3 0 1 1 0
Humberside 6 5 0 0 1 0 0
Kent 28 23 1 0 1 0 3
Lancashire 52 31 10 1 0 8 2
Leicestershire 63 42 13 0 2 4 2
Lincolnshire 8 7 0 0 0 0 1
Merseyside 50 36 4 0 0 10 0
Metropolitan & City 344 199 60 9 15 40 21
Norfolk 17 17 0 0 0 0 0
Northants 58 47 5 0 0 1 5
Northumbria 84 62 9 0 1 7 5
North Wales 16 9 1 0 0 6 0
North Yorkshire 14 13 1 0 0 0 0
Nottinghamshire 68 44 9 0 0 9 6
South Wales 79 53 11 1 1 10 3
South Yorkshire 25 12 8 0 0 3 2
Staffordshire 3 2 1 0 0 0 0
Suffolk 12 7 2 0 2 0 1
Surrey 5 5 0 0 0 0 0
Sussex 14 12 2 0 0 0 0
Thames Valley 40 31 5 0 1 2 1
Warwickshire 19 18 1 0 0 0 0
West Mercia 6 4 0 0 0 2 0
West Midlands 92 59 8 1 2 18 4
West Yorkshire 54 48 1 1 0 1 3
Wiltshire 12 11 1 0 0 0 0
Casework Directorate 4 2 0 0 2 0 0
Total 1607 1092 214 15 38 168 80
% 100% 68% 13% 1% 2.50% 10.50% 5%

Crown Court

11.2 711 charges were prosecuted in the Crown Court. Defendants pleaded guilty to 404 of these charges (57%) and were convicted after contest in respect of 72 charges (10%). This is a charge based conviction rate of 67%. In respect of the remaining 235 charges, defendants were either acquitted or bound over without trial.

TABLE 12 – OUTCOME OF CHARGES PROSECUTED IN CROWN COURT

AREA Charges Prosecuted Guilty Guilty After Contest Half Time Acquittal Full Time Acquittal Bound Over Without Trial
Avon & Somerset 2 2 0 0 0 0
Bedfordshire 11 5 2 1 3 0
Cambridgeshire 25 13 10 1 1 0
Cheshire 5 5 0 0 0 0
Cleveland 1 0 0 0 1 0
Cumbria 0 0 0 0 0 0
Derbyshire 16 14 0 0 2 0
Devon & Cornwall 10 6 0 0 3 1
Dorset 3 2 1 0 0 0
Durham 2 2 0 0 0 0
Dyfed Powys 4 3 0 1 0 0
Essex 4 3 0 0 1 0
Gloucestershire 0 0 0 0 0 0
Gt Manchester 61 47 5 2 6 1
Gwent 11 5 0 2 4 0
Hampshire 4 1 2 1 0 0
Hertfordshire 13 2 3 1 5 2
Humberside 1 0 0 0 0 1
Kent 8 8 0 0 0 0
Lancashire 7 7 0 0 0 0
Leicestershire 4 3 0 0 1 0
Lincolnshire 0 0 0 0 0 0
Merseyside 6 5 1 0 0 0
Metropolitan & City 255 96 32 26 88 13
Norfolk 7 7 0 0 0 0
Northants 3 2 0 1 0 0
Northumbria 5 5 0 0 0 0
North Wales 1 1 0 0 0 0
North Yorkshire 9 2 0 0 0 7
Nottinghamshire 8 6 0 0 2 0
South Wales 81 61 9 4 6 1
South Yorkshire 11 8 3 0 0 0
Staffordshire 5 4 0 0 1 0
Suffolk 0 0 0 0 0 0
Surrey 0 0 0 0 0 0
Sussex 25 15 1 0 9 0
Thames Valley 39 11 1 26 1 0
Warwickshire 0 0 0 0 0 0
West Mercia 9 7 1 0 1 0
West Midlands 38 32 1 0 3 2
West Yorkshire 9 8 0 0 1 0
Wiltshire 8 6 0 0 2 0
Casework Directorate 0 0 0 0 0 0
Total 711 404 72 66 141 28
% 100% 57% 10% 9% 20% 4%

Youth Court

11.3 333 charges were prosecuted in the Youth Court. Defendants pleaded guilty to 247 of these charges (74%) and were convicted after contest in respect of 49 charges. This is a charge based conviction rate of 89%. In respect of the remaining 37 charges, defendants were either acquitted or bound over without trial.

TABLE 13 – OUTCOME OF CHARGES PROSECUTED IN YOUTH COURT

AREA Charges Prosecuted Guilty Guilty After Contest Half Time Acquittal Full Time Acquittal Bound Over Without Trial
Avon & Somerset 1 0 1 0 0 0
Bedfordshire 6 2 0 0 1 3
Cambridgeshire 1 1 0 0 0 0
Cheshire 5 2 2 1 0 0
Cleveland 10 7 2 0 1 0
Cumbria 1 1 0 0 0 0
Derbyshire 0 0 0 0 0 0
Devon & Cornwall 5 5 0 0 0 0
Dorset 6 6 0 0 0 0
Durham 4 4 0 0 0 0
Dyfed Powys 0 0 0 0 0 0
Essex 1 1 0 0 0 0
Gloucestershire 0 0 0 0 0 0
Gt Manchester 36 32 3 1 0 0
Gwent 1 1 0 0 0 0
Hampshire 14 11 3 0 0 0
Hertfordshire 2 2 0 0 0 0
Humberside 5 5 0 0 0 0
Kent 0 0 0 0 0 0
Lancashire 16 11 3 0 2 0
Leicestershire 13 12 1 0 0 0
Lincolnshire 0 0 0 0 0 0
Merseyside 4 2 1 0 1 0
Metropolitan & City 49 21 17 1 5 5
Norfolk 0 0 0 0 0 0
Northants 1 1 0 0 0 0
Northumbria 42 31 4 0 2 5
North Wales 2 2 0 0 0 0
North Yorkshire 10 8 2 0 0 0
Nottinghamshire 15 7 6 2 0 0
South Wales 7 7 0 0 0 0
South Yorkshire 9 9 0 0 0 0
Staffordshire 0 0 0 0 0 0
Suffolk 2 1 0 0 1 0
Surrey 0 0 0 0 0 0
Sussex 7 2 2 0 3 0
Thames Valley 8 8 0 0 0 0
Warwickshire 1 1 0 0 0 0
West Mercia 1 0 1 0 0 0
West Midlands 21 19 1 0 1 0
West Yorkshire 26 25 0 0 0 1
Wiltshire 1 0 0 0 1 0
Casework Directorate 0 0 0 0 0 0
Total 333 247 49 5 18 14
% 100% 74% 15% 2% 5% 4%

11.4 The overall conviction rate covering prosecutions in all courts is 79% and is based on charges and not defendants, making any direct comparisons with previous years impossible.

12. DETAILS OF CHARGES DROPPED

12.1 Of the 2417 defendant cases received, 585 defendants (24%) were not prosecuted on any charge. This represents a 10% increase on last year's figures, and includes all defendants against whom charges were dropped at the magistrates', Crown or youth courts. The term dropped includes formal discontinuance under sections 23 and 23A of the Prosecution of Offences Act 1985 and cases not proceeded with at court. The number of defendants prosecuted and not prosecuted in each CPS Area is shown in Table 14.

TABLE 14 – NUMBER OF DEFENDANTS PROSECUTED/NOT PROSECUTED BY AREA

AREA Number of defendants Number of defendants prosecuted Number of defendants NOT prosecuted
Avon & Somerset 31 26 5
Bedfordshire 43 33 10
Cambridgeshire 50 36 14
Cheshire 51 43 8
Cleveland 11 11 0
Cumbria 10 7 3
Derbyshire 50 43 7
Devon & Cornwall 32 24 8
Dorset 18 12 6
Durham 24 20 4
Dyfed Powys 15 11 4
Essex 11 7 4
Gloucestershire 13 9 4
Gt Manchester 155 126 29
Gwent 38 27 11
Hampshire 38 33 5
Hertfordshire 24 21 3
Humberside 12 11 1
Kent 31 21 10
Lancashire 74 58 16
Leicestershire 77 58 19
Lincolnshire 13 8 5
Merseyside 61 44 17
Metropolitan & City 577 416 161
Norfolk 19 15 4
Northants 46 35 11
Northumbria 179 115 64
North Wales 14 13 1
North Yorkshire 21 20 1
Nottinghamshire 73 65 8
South Wales 157 101 56
South Yorkshire 40 34 6
Staffordshire 10 6 4
Suffolk 24 14 10
Surrey 6 5 1
Sussex 41 33 8
Thames Valley 65 58 7
Warwickshire 17 15 2
West Mercia 9 9 0
West Midlands 116 103 13
West Yorkshire 97 67 30
Wiltshire 22 18 4
Casework Directorate 2 1 1
Total 2417 1832 585

12.2 As stated in the introduction to this report, information contained within it is given at both defendant and charge level. In previous years reasons for dropping cases have been defendant based. This year, however, reasons for dropping cases have been recorded against the charges. Table 15 provides the detailed breakdown of charges dropped.

12.3 Of the 4014 offences charged, a total of 797 charges (20%) were dropped in respect of the 585 defendants not prosecuted.

TABLE 15 – REASONS FOR DROPPING/DISCONTINUING CHARGES BY AREA

AREA Number of charges where all charges discontinued or dropped Dropped: Witness fails to attend Dropped: Witness Refuses to Give evidence Dropped: Other insufficient evidence Dropped: Public Interest Dropped: Written off/ other
Avon & Somerset 6 0 4 1 1 0
Bedfordshire 10 2 0 7 0 1
Cambridgeshire 22 2 1 9 10 0
Cheshire 5 2 0 0 1 2
Cleveland 0 0 0 0 0 0
Cumbria 4 1 1 0 0 2
Derbyshire 6 1 0 4 1 0
Devon & Cornwall 11 2 1 2 4 2
Dorset 10 0 0 9 0 1
Durham 4 2 1 0 1 0
Dyfed Powys 6 6 0 0 0 0
Essex 4 0 0 4 0 0
Gloucestershire 5 0 0 4 1 0
Gt Manchester 49 9 12 25 3 0
Gwent 13 5 1 4 3 0
Hampshire 12 1 1 10 0 0
Hertfordshire 6 0 0 2 0 4
Humberside 0 0 0 0 0 0
Kent 9 4 0 2 0 3
Lancashire 15 6 2 1 6 0
Leicestershire 26 3 3 16 2 2
Lincolnshire 7 0 0 4 1 2
Merseyside 25 5 8 7 3 2
Metropolitan & City 228 70 27 87 22 22
Norfolk 5 2 0 3 0 0
Northants 11 4 3 3 1 0
Northumbria 66 18 10 10 9 19
North Wales 1 0 0 0 1 0
North Yorkshire 1 0 0 0 0 1
Nottinghamshire 16 10 0 1 4 1
South Wales 106 21 1 67 7 10
South Yorkshire 8 3 0 1 4 0
Staffordshire 6 4 1 0 1 0
Suffolk 14 0 0 10 4 0
Surrey 1 0 0 0 1 0
Sussex 9 2 2 3 1 1
Thames Valley 9 1 1 6 0 1
Warwickshire 2 0 0 1 0 1
West Mercia 0 0 0 0 0 0
West Midlands 11 2 2 3 4 0
West Yorkshire 43 6 7 20 5 5
Wiltshire 4 0 1 2 0 1
Casework Directorate 1 0 0 1 0 0
Total 797 194 90 329 101 83
% 100% 25% 11% 41% 13% 10%

12.4 Witnesses either failing to attend court or refusing to give evidence account for 36% of the charges not prosecuted. Other insufficient evidence accounts for 41%, charges dropped in the public interest 13% and charges written-off 10%.

12.5 A breakdown by Area of the charges that were dropped/discontinued relating to each type of offence is given in Table 16.

TABLE 16 – NUMBER OF CHARGES DROPPED/DISCONTINUED BY OFFENCE TYPE

AREA Number of charges where all charges dropped or discontinued Dropped: Homicide Dropped: RA Assault Dropped: Other Assault Dropped: RA Damage Dropped: Other Damage Dropped: RA Public Order Dropped: Other Public Order Dropped: RA Harassment Dropped: Other Harassment Dropped: Theft Act Dropped: Other
Avon & Somerset 6 0 2 1 0 0 3 0 0 0 0 0
Bedfordshire 10 0 2 2 0 0 1 2 0 0 1 2
Cambridgeshire 22 0 9 1 0 1 4 2 0 2 3 0
Cheshire 5 0 0 0 2 0 2 1 0 0 0 0
Cleveland 0 0 0 0 0 0 0 0 0 0 0 0
Cumbria 4 0 0 1 0 0 1 2 0 0 0 0
Derbyshire 6 0 1 1 0 0 2 1 0 1 0 0
Devon & Cornwall 11 0 1 2 1 0 3 2 1 1 0 0
Dorset 10 0 0 2 0 0 1 1 4 2 0 0
Durham 4 0 1 1 0 0 2 0 0 0 0 0
Dyfed Powys 6 0 2 0 0 0 2 2 0 0 0 0
Essex 4 0 4 0 0 0 0 0 0 0 0 0
Gloucestershire 5 0 0 0 1 0 1 0 2 1 0 0
Gt Manchester 49 0 9 12 2 1 8 9 1 2 1 4
Gwent 13 0 2 4 0 0 3 2 2 0 0 0
Hampshire 12 0 1 1 0 0 5 0 0 0 5 0
Hertfordshire 6 0 0 2 0 2 0 0 2 0 0 0
Humberside 0 0 0 0 0 0 0 0 0 0 0 0
Kent 9 0 3 3 0 0 2 0 0 0 0 1
Lancashire 15 0 2 2 2 0 7 2 0 0 0 0
Leicestershire 26 0 5 5 2 1 5 6 1 1 0 0
Lincolnshire 7 0 2 0 0 0 4 1 0 0 0 0
Merseyside 25 0 4 2 3 5 5 3 1 0 1 1
Metropolitan & City 228 0 57 25 16 12 55 23 23 0 2 15
Norfolk 5 0 0 0 1 0 4 0 0 0 0 0
Northants 11 0 2 2 0 1 1 5 0 0 0 0
Northumbria 66 0 3 4 0 5 38 8 5 0 0 3
North Wales 1 0 0 0 0 0 1 0 0 0 0 0
North Yorkshire 1 0 0 0 0 0 1 0 0 0 0 0
Nottinghamshire 16 0 2 1 3 1 1 2 0 2 0 4
South Wales 106 0 18 22 3 4 26 22 5 2 0 4
South Yorkshire 8 0 0 0 0 0 4 2 1 0 1 0
Staffordshire 6 0 1 1 0 1 0 2 1 0 0 0
Suffolk 14 0 1 2 0 1 4 1 3 0 0 2
Surrey 1 0 0 0 0 0 0 0 1 0 0 0
Sussex 9 0 2 0 0 1 2 2 2 0 0 0
Thames Valley 9 0 0 0 0 0 3 0 0 1 5 0
Warwickshire 2 0 0 0 0 0 0 2 0 0 0 0
West Mercia 0 0 0 0 0 0 0 0 0 0 0 0
West Midlands 11 0 0 0 1 1 4 1 2 0 1 1
West Yorkshire 43 0 4 3 7 1 9 7 10 0 0 2
Wiltshire 4 0 2 0 0 0 1 0 1 0 0 0
Casework Directorate 1 0 0 0 0 0 1 0 0 0 0 0
Total 797 0 142 102 44 38 216 113 68 15 20 39
% 100% 0% 18% 13% 5% 4% 27% 14% 9% 2% 3% 5%

RA = RACIALLY AGGRAVATED

12.6 Ten per cent of dropped charges were written off. For the purposes of the scheme, a case is written off when proceedings are terminated in certain circumstances; for example, the defendant fails to appear at court and is not re-arrested, the defendant cannot be traced and a summons or other notice remains unserved.

13. DETAILS OF SENTENCES IMPOSED

13.1 Of the 2651 charges prosecuted, a total of 2078 charges (79%) resulted in a conviction. The courts imposed a custodial sentence (which includes a suspended sentence for the purpose of the Scheme) in respect of 525 charges (25%), a community sentence on 662 charges (32%), a fine on 436 charges (21%) and a discharge on 291 charges (14%). Other sentences accounted for 164 of the charges (8%). This information is shown in Table 17.

TABLE 17 - DETAILS OF SENTENCES IMPOSED

AREA Number of Defendants Number of Police Charges Number of Charges Added by CPS Number of Charges Prosecuted Custodial Sentence (incl. Suspended sentences Community Sentence Fine Discharge Other
Avon & Somerset 31 35 1 28 5 9 8 1 2
Bedfordshire 43 64 4 44 12 7 9 2 1
Cambridgeshire 50 73 1 49 18 6 15 5 1
Cheshire 51 60 1 54 13 13 13 3 2
Cleveland 11 21 1 20 3 6 0 7 0
Cumbria 10 18 2 8 0 0 5 3 0
Derbyshire 50 77 4 61 16 18 9 1 2
Devon & Cornwall 32 52 4 35 7 9 4 4 6
Dorset 18 29 1 13 2 5 2 0 2
Durham 24 31 1 24 1 9 4 3 0
Dyfed Powys 15 24 1 14 1 5 4 1 0
Essex 11 15 1 9 3 2 1 1 1
Gloucestershire 13 25 0 14 1 6 3 0 3
Gt Manchester 155 260 28 200 44 52 22 38 7
Gwent 38 63 2 47 4 11 15 5 3
Hampshire 38 64 6 47 17 16 5 1 6
Hertfordshire 24 39 2 32 8 4 2 2 6
Humberside 12 13 0 12 2 1 0 2 5
Kent 31 47 1 36 7 16 7 0 2
Lancashire 74 97 4 75 8 13 17 17 7
Leicestershire 77 122 7 80 8 24 21 11 7
Lincolnshire 13 17 1 8 2 2 1 2 0
Merseyside 61 95 3 60 5 15 15 6 8
Metropolitan & City 577 928 101 648 97 161 74 62 31
Norfolk 19 29 4 24 12 4 7 0 1
Northants 46 94 6 62 13 10 5 15 12
Northumbria 179 215 1 131 18 41 20 24 8
North Wales 14 20 0 19 2 4 5 2 0
North Yorkshire 21 35 1 33 2 7 3 14 0
Nottinghamshire 73 110 7 91 16 30 20 1 5
South Wales 157 292 40 167 65 26 24 12 14
South Yorkshire 40 55 4 45 15 11 10 4 0
Staffordshire 10 14 0 8 5 1 0 1 0
Suffolk 24 30 2 14 1 3 4 2 0
Surrey 6 6 1 5 0 1 2 1 1
Sussex 41 70 10 46 10 12 4 3 5
Thames Valley 65 98 7 87 15 11 17 9 4
Warwickshire 17 24 1 20 2 9 8 0 1
West Mercia 9 20 2 16 8 1 4 0 0
West Midlands 116 177 18 151 38 32 29 17 4
West Yorkshire 97 136 6 89 15 40 12 8 7
Wiltshire 22 27 1 21 4 7 6 1 0
Casework Directorate 2 5 0 4 0 2 0 0 0
Total 2417 3726 288 2651 525 662 436 291 164