Crown Prosecution Service: Funding

David Burrowes Excerpts

Wednesday 11th January 2017 Westminster Hall

[Mr David Burrowes (Enfield, Southgate) (Con)]

Similarly, I declare an interest: I am still a defence solicitor, and if I catch your eye later, Mr Hanson, I will speak about my experiences. I will probably share similar experiences to those of the hon. Gentleman. He does angry well and quickly, but he was actually asked a genuine question on clarifying the stats. There are lots of reasons to vacate trials, and they can involve issues beyond funding-related prosecution preparedness; that was what the question was about.

[Karl Turner]

The hon. Gentleman is of course right, but I was less than two minutes into my remarks when the hon. Member for Cheltenham (Alex Chalk) intervened. If I am allowed to, I will come on to clarify the points being made by the Government Back Benchers.

--- Later in debate ---

[Mr David Burrowes (Enfield, Southgate) (Con)]

It is a pleasure to take part in the debate. I declare an interest as a criminal defence solicitor. I have an interest in defence, but primarily an interest in the criminal justice system, which we all share. We need a good, efficient and effective CPS as part of the criminal justice system. That is good for all: for defendants, for witnesses, for victims and for public confidence. It is a collaborative effort, so in many ways it is important not to see this issue in isolation.

There are funding challenges—we could have another debate about the funding challenges for the criminal defence service and the challenges for the police and others—but there is a collaborative effort, which is why I welcomed the inspection by the Crown Prosecution Service inspectorate and Her Majesty’s inspectorate of constabulary in 2015, which helped us to home in on some of the issues. Yes, one can look at the statistics on cracked trials, but when one looks deeper one sees, as the hon. Member for Kingston upon Hull East (Karl Turner) said, the issue of the police’s charging decisions and the impact that has down the line. Getting it right first time was very much the NAO’s mantra in relation to getting value for money for taxpayers.

I will try not to take up too much time but I want to draw attention to the statistics. First, it is important to recognise that there has been criticism for some time. There is also the challenge of cuts. Back in 2014, the independent inspectorate’s report on the CPS looking at the period 2013-14 said:

“The background of continuing resource reductions is now having an impact on the ability of the service to deliver effectively across the whole range of its activity.”

That was then; now, we are looking at what the challenges have been to that. If one brings in the NAO report and other inspectorate reports, one sees that there is a serious challenge from cuts, but if one delves deeper, one sees other issues, including a large variation in performance across the country in the service provided to victims and witnesses. One cannot therefore look just at the money; one has to ask, “Why are there variations? How can we have a more uniform approach that provides a good service to all?”

There has been some progress. I will not seek in any way to cover over the cracks—there are serious challenges and serious problems. I go to courts and I see and hear them and the way they affect morale and confidence in the system. That is a collective challenge that is affecting the criminal justice system. Nevertheless, given some of the statistics, it is worth saying for balance that the proportion of effective trials in magistrates courts has increased from 34% in the year ending September 2011 to 39%. There has been an increase, although it is not enough.

On the issue that the NAO and inspectors have looked at time and again, yes, mistakes are happening, but they are happening through the currency of cases. Early decisions should have been made and what had gone wrong identified. No doubt, the anecdotal evidence provided by the hon. Gentleman can be repeated by the prosecutors. The fact that two thirds of cases still do not progress as planned shows that that needs urgent attention.

The reality, and what I have experienced myself, is that the most frustrating thing about funding challenges and staffing is that, when it comes to the need for an early decision, at court—or preferably beforehand—there needs to be an appropriate review. A review can take place before the door of court so that appropriate decisions can be made for the benefit of the whole criminal justice system. That is something that I think is not happening enough, and down the line, whether in the magistrates court or the Crown court, it leads to vacated trials.

More needs to be done, but during my 20 or so years of practising, there has been a sea change, not least in terms of the recognition of the need for reforms—that the present situation cannot continue. The only way we will get better value for money and better public confidence is by grasping the fact that, in particular, the legal system has been one of the last to come up to date regarding paper and the need for a digitised criminal justice service. That is not the only answer, but we know that when we are struggling to find where that advance information or that disclosure is, we ring up and try to find the duty officer, who then tries to get someone. Thankfully, those things are now part of the past. The future is proper digitisation, which can help in getting prompt disclosure and appropriate decisions made and should lead to early decisions. We are still not getting those appropriate early decisions. The report of the last joint inspection in 2015 made the point that too many police charging decisions were incorrect and picked up too late by the CPS in court. The fact that 38.4% of cases were not reviewed before court must be seriously challenged for the sake of the system and for the benefit of all.

I want to make some brief points on what could be done. I remain concerned about transparency and accountability in the criminal justice system. The decisions made, such as those made by magistrates on the mode of trial—whether the case goes to Crown court—are still not clear enough for everyone

There is variation between areas. There have now been improvements to crime mapping for victims, but we should look much better at justice mapping and the accessibility of justice in a given area. The challenge of less localised magistrates courts and less reporting and less public awareness of what is happening in local courts means that we need the digital service to map better what is happening in our areas to see the impact of decisions, going back to charging decisions and particularly to decisions made in court and their impact. That will help to build confidence and public perception that is not based just on anecdote or the latest scandalous headline in a tabloid.

Transparency is needed, but we also need accountability. One of the frustrations I feel on behalf of the defence service is that I am directly accountable if I make a bad decision—if I have not got my act together and got my witnesses together, or if I have mucked up in court, I will get it in the neck from a senior partner or others, and not least from the client—but I do not see that same accountability for the Crown prosecutor. There is accountability for the police officer handling his case and there is much more in the Crown court, but at the magistrates court, with a pile of cases, when something goes wrong and a decision needs to be made quickly that perhaps goes against the victim and against the interests of justice in the long run, the Crown prosecutor—strained and challenged though they and the system are—is not challenged and accountable. We do not allow wasted costs orders now because of decisions about publicly funded cases, so the Crown prosecutor does not get it in the neck about wasted costs and lessons are not learnt—it is not so much about berating that individual prosecutor but about the system learning the lessons. Is there a way to provide greater accountability for the CPS, particularly when decisions are made?

Can we recover more costs for the system through costs orders? Can we have more full costs orders in CPS cases, not just contributions to costs? Yes, there are those who cannot afford those, but there are others who certainly can afford to pay prosecution costs. Other agencies will apply for the full costs of a case, including the police enforcement costs; can the CPS introduce full costs orders? Can the CPS also benefit from successful proceeds of crime applications, and can that funding go to the CPS and those prosecuting agencies, rather than to the coffers of the Treasury and the Home Office?