Crown Prosecution Service: Funding

Debate between Karl Turner and Alex Chalk

Wednesday 11th January 2017 Westminster Hall

[Karl Turner (Kingston upon Hull East) (Lab)]

I beg to move,

That this House has considered the funding of the Crown Prosecution Service.

It is always a pleasure to serve under your chairmanship, Mr Hanson. Before I begin, I must declare my interests. I am a member of Wilberforce barristers’ chambers in Hull, but am not currently practising. My wife is a criminal duty solicitor with Williamsons Solicitors in Hull, and she is also a part-time judge. I thank the Criminal Law Solicitors Association, the London Criminal Courts Solicitors Association, the Bar Council and the Law Society for contacting me regarding this debate, and for very helpfully providing me with information, which I think will benefit this House.

Expenditure on the Crown Prosecution Service has been reduced significantly from £672 million per annum in 2009-10 to £487 million in 2015. That is a reduction of a massive £185 million per year. At the same time, the number of cases brought to magistrates courts is down from approximately 641,000 to 539,000. On the finances of the CPS, I understand that since 2010, some £83 million has been spent on redundancies, with £20 million of that spent on only 153 staff, or upwards of £131,000 per—senior, I suspect—member of staff.

What has been the effect on cases? The effect has been significant: there is a staggering 23% increase in vacated trials—cases that are due to go to trial but, probably on the day of trial at Crown court, are vacated for whatever reason. In my submission, the reason is often that the CPS is not prepared or ready. In my area of Humberside, 55% of cases are vacated, according to the Public Accounts Committee inquiry of May 2016; the lowest proportion of vacated trials was 11%, in Cleveland.

[Alex Chalk (Cheltenham) (Con)]

The hon. Gentleman is making a powerful speech. I refer the House to my declaration in the Register of Members’ Financial Interests. Is it not right that whether the CPS is ready at trial is down to several factors, and not only funding? In fact, the CPS’s ability to be ready at trial and to perform well has improved over recent years, in spite of funding not having gone up, as he rightly pointed out.

[Karl Turner]

I will read out a whole load of stats and talk about what is happening in the profession in the real world—about what lawyers and solicitors from the defence, and barristers who prosecute and defend, are saying is really happening. The hon. Gentleman wants to pretend that everything in the garden is rosy. Good luck to him, but I have to disagree. I know what is happening, not least because my wife is a defence solicitor in Hull and experiences the pressure on CPS lawyers day in, day out—although at the moment she is on maternity leave. Only today I was contacted by members of the profession, and they described a scenario in which a caseworker burst into tears when sitting in the Crown court behind counsel. If the hon. Gentleman thinks that things are rosy, he is mistaken.

--- Later in debate ---

[Alex Chalk (Cheltenham) (Con)]

I was not planning on speaking, but having heard some of the remarks that have been made, I thought I would briefly volunteer a few thoughts of my own.

[Karl Turner]

I am surprised to hear that the hon. Gentleman did not intend to speak. I received an email that said he intended to do so.

[Alex Chalk]

First, by way of background, like the hon. Gentleman, I worked through the night to prepare long lists for the CPS, from 2002 to 2005. I went around the courts in Hertfordshire—going to the magistrates court and the Crown court, prosecuting and defending cases involving everything from rape to murder to terrorism offences.

I take this opportunity to agree with the hon. Gentleman that the calibre of some of the prosecutors and caseworkers in our Crown Prosecution Service is very high and stands up to comparison with any other prosecuting authority anywhere in the world. One thing I found disappointing was that prosecutors or caseworkers who were exceptionally conscientious or hardworking did not seem to get advancement any faster than people who were not quite as attentive. I thought that was a little unfair.

I agree with the hon. Gentleman on equality of arms. It is vital, particularly when dealing with a serious case, that the prosecution is able to show that there is equality of arms. It is therefore absolutely right, in a serious case, that silk should be instructed if they are up against silk. Where I begin to part company with the hon. Gentleman is on his bald assertion—made with the best of intentions, I accept—that everything can be attributable to funding.

[Karl Turner]

I did not say it is.

[Alex Chalk]

Well, one might be forgiven for thinking that that was part of the assertion. If one looks at the figures from 2010, although the hon. Gentleman is absolutely right that there has been a decline, I am afraid it is wrong to suggest somehow that there were no problems previously but there are now.

From my experience when I was in court, all too often the reason cases cracked, if there was a problem with the prosecution, was system failure. For example, if witnesses had not been warned, if dates to avoid had not been provided or if disclosure had not been served. Those were systematic failings. My hon. Friend the Member for Enfield, Southgate (Mr Burrowes) correctly made the point that systematic change can sometimes be as significant as financial change. The changes we are seeing to the digital case system are causing such an important step change in the quality of the prosecuting service that, for example, when one turns up at the Crown court, one can immediately see on the system that a disclosure has taken place. It provides for that in a far more efficient way.

[Karl Turner]

Does the hon. Gentleman think that those “systematic failings”, as he puts it, are getting better because the CPS is experiencing a £185 million a year cut to its funds?

[Alex Chalk]

Let me make it crystal clear: of course I would like to see more funding for the CPS. There is no question about that. However, I take slight issue with the blandishment that if we simply put in the money that has been taken out, everything would be improved. The reality is that, unless we reform the system to make it more efficient, we will be throwing money at the situation and not taking a sensible, radical and reform-minded approach. The simple point I make is that, where we are making real progress as a country, and where the CPS, through its diligent prosecutors and caseworkers, is able to make a difference, is through systematic changes such as those to the digital case system, which are achieving a step change and improvement in quality. That point is worth making.

The hon. Gentleman also rightly praised that excellent public servant, Alison Saunders. In that vein, is it not worth listening very carefully to what she herself said? She came before the Justice Committee, and I think it was I who asked—by the way, I have no difficulties with asking an open question to get an answer that might be unhelpful to the Government—if the CPS has enough money. I would have been perfectly prepared for her to say, “No, it’s hopeless; we’re going to hell in a handbasket and something has to be sorted out”, but her response was:

“Yes, we think we do, particularly now that we have the CSR settlement. I am not saying that it is easy; let me say that first. Over the last five years, our budget has reduced by 23% or so.”

She went on to talk about the sensible and pragmatic steps that have been taken, but she answered that question in the affirmative. On a subsequent occasion, she indicated she fully agreed with this CPS comment:

“This settlement will allow the CPS to respond to a changing caseload and the significant increase in complex and sensitive cases, such as terrorism, rape and serious sexual assaults and child sex abuse.”

One cannot have it both ways by saying she is a fantastic public servant—which she is, by the way—and ignoring what she says.

I respectfully and completely agree with the hon. Gentleman’s intentions. He wants an excellent Crown Prosecution Service. I do, too. He values excellent Crown prosecutors. I do, too. Equally, however, we have to look at this in a sophisticated way, not simply through the blunt instrument of funding. I believe, broadly speaking, that we are on the right track. We have excellent public servants; we should allow them to get on with their job.

Crown Prosecution Service

Debate between Karl Turner and Alex Chalk

Tuesday 23rd June 2015 Westminster Hall

[Karl Turner (Kingston upon Hull East) (Lab)]

It is a pleasure, as always, to serve under your chairmanship, Mrs Main. I suspect that I will be rudely interrupted at any moment, because we are expecting a Division on the Floor of the House. I congratulate my hon. Friend the Member for Erith and Thamesmead (Teresa Pearce) on securing this important debate.

The CPS is going through profound changes, and it is right that we carefully consider the consequences of budget cuts and stretched resources in this demand-led service. The CPS plays a vital role in the criminal justice system. It has been well led in recent years, not least by my hon. and learned Friend the Member for Holborn and St Pancras (Keir Starmer) and, recently, by the current DPP, Alison Saunders. I have met her on a number of occasions to discuss the challenges that the service faces, and she is doing an excellent job in an extremely difficult situation.

Since 2010, we have seen cuts to the CPS budget of more than 28%, which has led to office closures and reductions in staff—the figures I have show that it has lost 571 prosecutors and 500 administrative staff. Those numbers are absolutely massive, given the previous size of the CPS. The cuts in resources are unprecedented, and they have left a gaping hole in the organisation.

Savage cuts are being made against a backdrop of historical sexual abuse cases, increases in reported child abuse and complex cases involving terrorist offences. The CPS must be afforded the flexibility to respond to complex cases when the need arises. In the last couple of years, we have seen an unprecedented and unexpected rise in the number of historical sexual abuse cases and the strain that the CPS has been put under as a consequence.

In recent weeks and months, the DPP has been on bended knee, pleading with the Chancellor, through the Attorney General, for £50 million of emergency funding so that the CPS can properly prosecute the large number of historical sexual abuse cases. I am afraid that the Chancellor is yet to award that money, and he will no doubt expect the CPS to shoulder more cuts in the forthcoming Budget. In my respectful view, that is a huge mistake. If the Chancellor and the Government decide to continue down this path, the problems in the CPS are bound to get worse.

We all agree that the criminal justice system, including the CPS, needs some reform to be fit for purpose in the 21st century. It needs to meet the complexities and challenges of modern demands. However, simply slashing the budget and hoping for the best is wrong and dangerous.

Just today, we saw the Justice Secretary come to the sudden realisation that the justice system is in disarray. He is right that victims and witnesses are adversely affected by inefficiencies and bureaucracy in the criminal justice system. The Opposition welcome his warm words, but we need to see the colour of the Chancellor’s money. Victims and witnesses are often an afterthought, and we need to see them front and centre of any reforms to the CPS and the criminal justice system.

The Lord Chancellor is right to point out that there are two nations in the justice system, although he should not be surprised—it was his Government, I am afraid, who introduced savage cuts without thinking them through. Let me say, before I am intervened on by Conservative Members, that it is true that any party coming into power in 2010 would have made cuts, but my colleagues and I would have thought very carefully about where the axe should fall. The two previous Lord Chancellors did not think their cuts through very well at all.

The move towards the CPS Direct model is taking CPS prosecutors away from local offices and police stations, which has probably led to a slowdown in charging decisions. The timeliness of such decisions has become a real issue, and there have been reports of police officers waiting to get through to CPS Direct for hours on end. Every area visited in the recent joint inspection of charging decisions had serious concerns about the mechanisms used. Worryingly, the report found serious failings in the timeliness of charging decisions, with two thirds of the calls made to CPS Direct not answered within its target of three minutes. Once officers actually make it through to a prosecutor, they are taken through a long process, which often takes more than an hour.

Cuts to the CPS have not been cost-effective, as Her Majesty’s former chief inspector of the Crown Prosecution Service, Michael Fuller, concluded in the report he published on 15 March. The vast reductions in the workforce have meant that the CPS is unable to deliver value-for-money advocacy and the service has made poor progress in most areas.

[Alex Chalk]

Is it right to say that by 2013 the Crown Prosecution Service, not least because of the intervention by the hon. and learned Member for Holborn and St Pancras (Keir Starmer), was in a better state than it was in 2008, when he took over, and certainly than it was in 2010? It is simply crude to suggest that it has all got worse since 2010. That is simply not the case.