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CPS severely hampered by lack of resources, says report CPS severely hampered by lack of resources, says report
(2 months later)
A lack of resources is severely damaging the Crown Prosecution Service's preparation of cases for court, according to a critical report by the organisation's statutory watchdog.A lack of resources is severely damaging the Crown Prosecution Service's preparation of cases for court, according to a critical report by the organisation's statutory watchdog.
Police officers are also making inappropriate decisions about whether or not to charge suspects when it should be the responsibility of a prosecutor, her majesty's chief inspector of the CPS, Michael Fuller, has warned.Police officers are also making inappropriate decisions about whether or not to charge suspects when it should be the responsibility of a prosecutor, her majesty's chief inspector of the CPS, Michael Fuller, has warned.
The comments come in the wake of mounting concern within the legal profession about the CPS's performance as it endures large staff reductions due to funding cuts of about 27%.The comments come in the wake of mounting concern within the legal profession about the CPS's performance as it endures large staff reductions due to funding cuts of about 27%.
Fuller's annual report found the overall quality of prosecutors' decision-making was improving but called for more to be done to ensure cases go through court quicker and more efficiently.Fuller's annual report found the overall quality of prosecutors' decision-making was improving but called for more to be done to ensure cases go through court quicker and more efficiently.
The criticisms were mostly aimed at poor case preparation. "The impact of insufficient resources, because of abstraction to other duties … had a negative impact," the HMCPSI report said.The criticisms were mostly aimed at poor case preparation. "The impact of insufficient resources, because of abstraction to other duties … had a negative impact," the HMCPSI report said.
"Contested cases were being prepared only a few days before the trial and committals or sent cases were reviewed and prepared often on the day before that set down for the committal or service of the prosecution case."Contested cases were being prepared only a few days before the trial and committals or sent cases were reviewed and prepared often on the day before that set down for the committal or service of the prosecution case.
"This allows little time to remedy evidential deficiencies or request additional information and … can lead to an unacceptable rate of late vacated magistrates' court trials.""This allows little time to remedy evidential deficiencies or request additional information and … can lead to an unacceptable rate of late vacated magistrates' court trials."
Among problems caused by hurried preparation were inclusion of statements favourable to the defence in committal bundles and inadequate reviews on the case management system. Some cases were being prepared only a few days before a hearing.Among problems caused by hurried preparation were inclusion of statements favourable to the defence in committal bundles and inadequate reviews on the case management system. Some cases were being prepared only a few days before a hearing.
Overall caseloads in 2012-13 declined as crime fell and police officers took over routine charging of low level offences. The inspectors found, however, cases "where the police had charged outside their remit, for example where it was unrealistic to anticipate a guilty plea".Overall caseloads in 2012-13 declined as crime fell and police officers took over routine charging of low level offences. The inspectors found, however, cases "where the police had charged outside their remit, for example where it was unrealistic to anticipate a guilty plea".
The shadow attorney general, Emily Thornberry, said she was concerned by the study. "This report corroborates what I have been hearing over the past year from criminal lawyers, magistrates and groups representing the victims of crime," she told the Guardian.The shadow attorney general, Emily Thornberry, said she was concerned by the study. "This report corroborates what I have been hearing over the past year from criminal lawyers, magistrates and groups representing the victims of crime," she told the Guardian.
"An overstretched CPS is struggling to keep up with its caseload, leaving things to the last minute, failing to communicate, making mistakes and causing delays."An overstretched CPS is struggling to keep up with its caseload, leaving things to the last minute, failing to communicate, making mistakes and causing delays.
"As an independent, public interest prosecutor, the CPS plays an important role and we can't allow it to slide into the kind of disarray that has engulfed other overstretched departments, such as the SFO and the now defunct Border Agency.""As an independent, public interest prosecutor, the CPS plays an important role and we can't allow it to slide into the kind of disarray that has engulfed other overstretched departments, such as the SFO and the now defunct Border Agency."
Other senior lawyers have voiced similar concerns. Michael Turner QC, chairman of the Criminal Bar Association, last month drew MPs attention to the result of savings within the CPS.Other senior lawyers have voiced similar concerns. Michael Turner QC, chairman of the Criminal Bar Association, last month drew MPs attention to the result of savings within the CPS.
"One example [from May] is a case at Southwark," he told the justice select committee. "A five-handed kidnap trial collapsed because disclosure was not done properly. There was a £500,000 costs order against the CPS, with a conservative estimate of £3m to the taxpayer. There will be a retrial. That is a picture that is happening across the country.""One example [from May] is a case at Southwark," he told the justice select committee. "A five-handed kidnap trial collapsed because disclosure was not done properly. There was a £500,000 costs order against the CPS, with a conservative estimate of £3m to the taxpayer. There will be a retrial. That is a picture that is happening across the country."
Maura McGowan, chairman of the Bar Council, which represents barristers in England and Wales, told the same parliamentary meeting: "The CPS is being stripped down to an absolute bare minimum and, as a provider of advocacy, is creaking, if not failing."Maura McGowan, chairman of the Bar Council, which represents barristers in England and Wales, told the same parliamentary meeting: "The CPS is being stripped down to an absolute bare minimum and, as a provider of advocacy, is creaking, if not failing."
A CPS spokesperson said: "We have had to make savings of 27% to our budget, but we are achieving this while both protecting frontline teams and improving performance.A CPS spokesperson said: "We have had to make savings of 27% to our budget, but we are achieving this while both protecting frontline teams and improving performance.
"We have clearly demonstrated that we are able to successfully prosecute the most serious and complex offences; the conviction rate for violence against women and girls, including rape, hit a record high in 2012/13 and we have maintained our conviction rates in the crown court consistently over the last five years.""We have clearly demonstrated that we are able to successfully prosecute the most serious and complex offences; the conviction rate for violence against women and girls, including rape, hit a record high in 2012/13 and we have maintained our conviction rates in the crown court consistently over the last five years."
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