Crown Prosecution Service

Thursday 12th May 2011 Lords Chamber

Question

11:30

Asked By

[Baroness Whitaker]

To ask Her Majesty’s Government whether, given the reported intention of the Home Secretary to transfer decisions about whether to charge a suspect from the Crown Prosecution Service back to the police, the same officers will carry out investigations and take decisions to prosecute.

[Baroness Verma]

My Lords, the proposals build on existing practice and are designed further to improve charging efficiency. The police already have responsibility for charging decisions in 67 per cent of cases. Custody officers, who play no part in investigations, will continue to make the decisions, in accordance with the provisions in the guidance of the Director of Public Prosecutions, on whether to refer cases to the Crown Prosecution Service.

[Baroness Whitaker]

My Lords, I thank the Minister for that half-satisfactory reply. However, is she aware that, when I was a magistrate and the decision was made to set up the CPS and give it responsibility for prosecutions, it was universally greeted as a great step forward, not least because it removed the incentive, or perceived incentive, from the prosecutor to tailor the investigation so as to fit it for a charge—I am trying not to use the word “fit”, advisedly? How will HMG guard against that perception?

[Baroness Verma]

My Lords, the noble Baroness has raised a number of interesting points. However, the point is that, through modernising our charging programme, we are building on the trust that we have with our police forces and also making sure that we build in greater efficiency and reduce bureaucracy.

[Lord Dear]

Is the Minister aware, as I am, of the steady growth of the use of fixed-penalty tickets by the police in an expanding range of offences, which now includes theft and assault, as well as perhaps traffic offences, and which is giving rise to some disquiet, not least among the judiciary? Does the Minister agree that we have reached a point where it would be proper, and indeed sensible, to institute a full inquiry into this practice and to consider whether we have gone too far?

[Baroness Verma]

My Lords, I do not agree with the noble Lord that we are going down a route from which we cannot back-track. We are monitoring everything we do. However, there are of course offences where it is best to go through fixed-penalty processes, and that reduces the queue of serious cases to be heard at trial in court.

[Lord Goldsmith]

My Lords, is the Minister aware that what she said about charging creates some disquiet? The present position in relation to charging approved by this House and the whole of Parliament, under which the Crown Prosecution Service makes the decisions, was recommended by an independent criminal judge—one of our most senior—and was followed by pilots, which demonstrated its efficiency and effectiveness? Is she also aware that there will be some concern, particularly in the light of anxieties already expressed in this House about the potential politicisation of the police, if independent prosecuting decisions are not still taken by the prosecutors? Can she assure us that what she has told us about the present system is not just the thin end of the wedge?

[Baroness Verma]

My Lords, the noble and learned Lord is also aware that the greater powers that the police have to charge came about under the previous Administration. We are just following through and building on that programme. The noble and learned Lord will also be aware that the CPS will keep control over serious offences but it will also have an overview of every single case that goes through the legal system.

[Lord Macdonald of River Glaven]

Is my noble friend aware that, when charging was transferred from the police to prosecutors seven years ago, attrition rates declined rapidly, pleas of guilty soared by some 40 per cent and the conviction rate rose? Does she recall that the reason for those improvements was that, when the police were responsible for charging in the old days, the courts were invariably expensively stuffed with too many badly flawed cases that were always going to fail? Why does she think that the situation is going to be any different seven years on?

[Baroness Verma]

My Lords, I can only repeat to my noble friend that serious cases will remain with the CPS, which will still have an overview of every single case that comes through the courts. However, what we are doing is leading to reductions in bureaucracy and, I hope, an increase in the efficient use of police time. The piloted programmes have indicated a saving of 50,000 police hours. Building on that, by June of this year a further 40,000 police hours will be saved.

[Lord Hunt of Kings Heath]

My Lords, will the noble Baroness address the second point raised by my noble and learned friend that it is the combination of the police being given prosecution powers on the one hand and the Government’s proposal for elected party-political commissioners on the other that brings a great deal of fear? Why are the Government pursuing these two policies, which will undermine confidence in the police force?

[Baroness Verma]

My Lords, I completely disagree with the noble Lord. As he is aware, we are trying to introduce efficiencies to the way in which charges are brought. First and foremost the lesser charges are with the police because it is much easier and quicker for them to deal with them. The serious cases will be with the CPS. As to the noble Lord’s second point, he knows exactly where we stand on that.

[Baroness Seccombe]

My Lords, in 2010, 20 per cent of the abandoned cases came about because the CPS failed to review the cases before they came to trial. This obviously caused great distress for victims but was also very wasteful. Can my noble friend say what is being done to put that right?

[Baroness Verma]

My noble friend raises an extremely poignant point. Police charging of some offences will clearly cut out that time-wasting and it will also help do away with the duplication of case preparation. The need for the police and the CPS to co-operate and work together from a very early stage is crucial as it will ensure that victims, who are at the heart of this, can feel assured that achieving justice is not weighted against them.

[Lord Mackenzie of Framwellgate]

My Lords—

[Lord Pannick]

My Lords, can the Minister tell the House whether the Director of Public Prosecutions was consulted about these proposals? If so, will she place a copy of the director’s response in the Library?

[Baroness Verma]

My Lords, we have probably consulted an awful lot of people, including the director. However, to ensure that I am completely safeguarded on that, I will write to the noble Lord.