Lead Non-Executive Board Member’s Report
Introduction
The CPS underwent some significant changes in senior leadership during 2023-24. Sir Max Hill KC departed at the end of his tenure as Director of Public Prosecutions, and we welcomed Stephen Parkinson as the new Director of Public Prosecutions in November 2023.
As Chair of the Board and Lead Non-Executive Board Member, I wanted to take this opportunity to thank Sir Max for all his hard work during his five years as DPP. Sir Max’s leadership took the CPS successfully through a number of challenges and delivered many improvements to the way the CPS works, and the CPS is well placed to drive further improvements across the criminal justice system as a result of his leadership.
We also welcomed Stephen. Stephen brings with him a wealth of experience across the private and public sector and in the short period he has been in post we have seen the benefit of the skills and experience his leadership brings to the organisation. We look forward to working with him to deliver his vision for the CPS.
The Board has retained a productive relationship with the Law Officers. I continue to represent the Board at the quarterly Ministerial Strategic Boards and the Non-Executive Board members meet as a group with the Law Officers. This relationship provides an additional governance forum for the CPS.
Membership
The CPS Board membership saw one non-executive change in 2023-24. Mark Hammond, Non-Executive Board Member (NEBM) and member of the Audit, Risk & Assurance Committee (ARAC), left at the end of two terms as a NEBM, on 1 July 2023. I would like to thank Mark for his input and dedication to the organisation.
I believe we have retained a robust Board with a good range of skills, capable of providing the necessary challenge and support to guide the organisation through a period of significant change and to promote a culture of continuous improvement. The Board has continued to meet in person for the majority of meetings, with the option of remote attendance to ensure quoracy can be maintained.
The Board would like to thank the executive of the CPS for their continued leadership, and each and every member of the service for their hard work, flexibility, and commitment.
Core Business
Over the year, the Board fulfilled its five principal roles as set out in the Cabinet Office Corporate Governance for Central Government Departments: Code of Good Practice. These included:
Strategic Clarity
The Board has spent time working closely with the Strategy and Policy Directorate to develop the Business Plan for 2024-25. We are confident that the Business Plan has been designed to continue to drive the CPS towards delivery of the CPS 2025 strategy and has a strong focus on organisational priorities and outcomes. We are pleased that the Business Plan recognises the need to strengthen the collaboration with police to work more effectively at both a local and a national level, on the need to reduce delays within the system, and to support victims and reduce victim attrition. The Board welcomes the approach to strengthening the CPS’ internal advocacy resource as well as helping the external Bar to grow and sustain its numbers. It is crucial that the CPS looks to reduce the number of court adjournments and accelerates the delivery of justice with its partners. The Board has continued to receive regular updates on the progress of the Victims Transformation Programme. The programme aims to transform the service provided to every victim and we remain fully supportive of the intended outcomes. The Board has maintained oversight of the programme throughout 2023/24 and continues to provide support, challenge, and scrutiny to ensure it is able to support this important work.
Commercial Sense
The Board are pleased that the CPS received additional funding in 2023-24 from the supplementary estimate. The increases in prosecution costs have been unprecedented and it is credit to all in the organisation for the work to ensure the CPS can continue to deliver independent and fair prosecutions and improved casework quality during this period of economic uncertainty.
The CPS continues to drive digital innovation to seek to maximise efficiency, create resilience and reduce costs. As a Board we have been kept informed of the progress of major programmes of work, such as future casework tools, and we will continue to do so throughout 2024-25.
Talented People
The Department’s Employee Engagement Index reduced slightly to 67% in the 2023 Civil Service People Survey. Notwithstanding the slight reduction from last year, this represented a positive outcome given the challenges of continued high caseloads, backlogs, cost of living issues, and uncertainty from changes in senior leadership.
The CPS continues to lead the way in inclusion in employment across government departments having one of the most diverse workforces, in the Civil Service, with 23% staff who declared they are from an ethnic minority background and achieving high scores around inclusive culture in the annual People Survey.
Whilst we are not complacent, in 2023, we were also pleased to see that the CPS was recognised by Working Families as one of the Top 10 employers for the seventh year running, in addition to successfully renewing Disability Confident Leadership status. We believe these achievements continue to make the CPS an employer of choice.
Results Focus
The Board reviews performance nationally, and by Area, on a quarterly basis, including scrutinising progress against key performance measures contained in the CPS Business Plan. This has enabled the Board to track progress against the CPS 2025 Strategy and provide challenge to the executive team whenever necessary.
The Board has welcomed the continued improvements to performance reporting during 2023/24 which has enabled scrutiny and challenge on key aspects of operational performance. During the year, the Board has been provided with updates on area performance variations, court backlogs and has been keen to encourage the service to continue to work across the criminal justice system to drive improvements.
The 2023-24 Business Plan has ensured that the CPS focused on delivering its priorities for the year and was able to deliver improvements at the same time. The plan has ensured that the CPS invests in the appropriate areas and that it continues to build public confidence in the work that it does.
Management Information
The Board is provided with appropriate and reliable management information, which allows it to fully consider both Area and Corporate performance.
The publication of CPS performance data continues to be welcomed by the Board, promoting transparency and accountability across the criminal justice system. The Board reviews the quarterly data regularly to ensure there is sufficient scrutiny of the data which assists the CPS senior leadership to identify problem areas and discover potential interventions.
Committees
The Board continued to be supported by its committees and received regular reports from the committee chairs. I am grateful to Simon Jeffreys for his work as Chair of the Audit and Risk Assurance Committee (ARAC). ARAC continued to scrutinise the department’s system of risk and internal control, in particular the corporate risk framework and data security. Thanks also to Dr Subo Shanmuganathan who sits on ARAC and to Mike Dunn and Deborah Harris, ARAC’s Non‑Executive Directors.
I am also grateful to Kathryn Stone OBE for her work as Chair of the Nominations, Leadership and Remuneration Committee (NLRC). NLRC undertook thorough scrutiny of the department’s senior executive pay and performance and will continue to do so next year as the Remuneration Committee (RemCom).
Both Committees have met quarterly throughout the year and have focused on areas within their terms of reference. The work that these committees undertook during 2023-24 has been invaluable in providing the Board with the assurance that there is appropriate risk management across the organisation and scrutiny over the senior team’s performance and development.
Looking Forward
The Board continues to be fully engaged with the findings from the research into the disproportionality of charging decisions. From the outset, the Board has collaborated closely with the executive to ensure the CPS is as transparent and open as possible with the initial findings and that its staff have been fully supported. The Board will continue to support the organisation with the development and implementation of action plans to take forward any necessary improvements both internally and across the criminal justice system.
The Board is engaging with the organisation in the development of the CPS 2030 strategy, having already had some initial discussions on its content and the need for coordination across the criminal justice system.
The Board will be supporting and monitoring the delivery of the CPS’ key priorities from the 2024-25 Business Plan throughout the year and will also be working closely with the senior leadership team to ensure that they are supported during further changes to the senior cadre during 2024-25 including the recruitment of two new Director General roles to assist the DPP in leading the organisation.
The Board is also aware of the increasing pressures on the criminal justice system, with increasing referrals, pressures on costs, and the availability of resourcing. The Board will be ensuring there is challenge and scrutiny of the executive during this period to ensure that victim and witness support remains a priority.
Monica Burch
Lead Non-Executive Board Member and Chair of the Board