Crown Prosecution Service

Debate between Louise Haigh and Teresa Pearce

Tuesday 23rd June 2015 Westminster Hall

[Teresa Pearce (Erith and Thamesmead) (Lab)]

I beg to move,

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

I am honoured to open this debate under your chairmanship, Mrs Main. I think that this is the first time I have opened a debate with you in the Chair. It is very nice to see you there.

The debate is on the important topic of the challenges facing the Crown Prosecution Service in the light of significant cuts in resources. Its purpose is to consider whether the institution is sufficiently supported to carry out its work effectively, or whether the cuts to staff and resources are leading to a permanent decline in its performance.

It is difficult to overstate the importance of the CPS to all of us. It ensures that the laws that knit together our complex society are adhered to, and that those who transgress are brought to justice in a timely way and in the best traditions of a free and fair democracy.

When people are asked to name a Great British institution, the CPS may not be on the tip of everybody’s tongue, but it plays a crucial practical role by bringing to life two of the core rights of every British citizen: the right to a fair trial; and the right to get justice as a victim of crime. It is not a criticism of the CPS to say that it is not at the forefront of everyone’s mind, because in some ways it is a measure of its success that it does not garner much attention when it is doing its job well. It is when things go wrong that the organisation is scrutinised in the brightest of public spotlights, as has happened this year. Across the press, from The Daily Telegraph to The Plymouth Herald, there have been headlines such as “Cuts plunge CPS into crisis” and “‘Shocking and unforgivable’ court delays cause more crime”. Indeed, today the Justice Secretary has added his voice to the debate.

There is no doubt that there are many talented and dedicated staff who make sure that the CPS does all it can to fulfil its obligations to society and to safeguard the core rights of every British citizen. However, serious concerns have been raised about whether the CPS, which is a demand-led service, is being sufficiently resourced to deal with the spike in historical sexual offences, child abuse cases, and those cases arising from an increasing and complex terror threat. In these circumstances, does it seem right that the CPS has experienced a 28.3% cut to its budget, which is estimated to be around £200 million per annum, since 2010? Does it seem right that the most vulnerable participants in the criminal justice system—the victims and the witnesses—are being detrimentally affected because of these cuts?

There is a legal and a moral obligation on the CPS to serve the needs of every single victim. I am proud that my party has been at the forefront of improving the position of victims in the criminal justice system by establishing a victims’ taskforce. The taskforce comprises leading criminal justice specialists and campaigners, who lead work on establishing a “victims’ law” and who advise on further improvements to the way that victims and witnesses are treated by the criminal justice system.

It does not take a rocket scientist to know that delays in case progression put increased pressure and strain on victims and witnesses, so that many of them face prolonged periods of time in limbo, not knowing where cases stand and unable to move on with their lives.

[Louise Haigh (Sheffield, Heeley) (Lab)]

Does my hon. Friend agree that the cuts in the CPS not only lead to problems in progressing cases and in arming prosecutors with the correct information in court, but increase the number of diversions from court, which obviously also has a negative impact on victims and witnesses?

[Teresa Pearce]

I thank my hon. Friend for her intervention and I totally agree. Court cases are a very stressful time for people and delays just make matters more stressful.

I will say a few words about the current experiences of witnesses at criminal proceedings, although I anticipate that others may also mention it. There is a widening gulf between the ideal world of a system that should support victims and witnesses, and the real-world experience of a system that so frequently fails them.

An editorial in The Independent last year said that

“procedures are designed with little consideration of the needs of the victims and witnesses in whose interests they are supposedly working.”

Anyone who has ever attended court—I have, as a witness in a criminal case—knows how difficult it is to understand court scheduling. Someone might mentally prepare all day for an appearance that does not happen or that is adjourned till another time, and decisions are rarely explained or laid out.

Sometimes the situation is even more difficult. In my case, I was witness to a very violent crime outside my house. It was arranged that I would be able to give evidence behind a screen, so that I could not be identified. However, when I got to court, I was put in the waiting room with the family of the accused, which meant the whole experience was absolutely terrifying for me.

If courts were private businesses, witnesses would be the “customers” of court proceedings and they would be well within their rights to complain about the service they receive. The Ministry of Justice agrees with that view. It has admitted:

“For victims and witnesses, the criminal justice system can be baffling and frustrating, and their experience all too often falls below the standards they might expect from a modern public service”.

Staff cuts have hit hard. Between 2010 and 2013, the number of witness care managers, whose job is to aid victims and witnesses, fell by 43%. The services that witness care managers provide are little known to the public, especially when compared with those provided by the police and the CPS, and given the current rate of cutting, there is genuine concern about whether they will even exist in future.

My constituency is partly within the London Borough of Bexley, and the magistrates court observers panel operates in Bexley. It has suggested that if the public were more aware of witness care managers, that would encourage more victims to come forward and report crimes, especially in cases of domestic violence, hate crime and sexual assault, because awareness of such managers might give them the confidence they need to pursue a complaint.

The magistrates court observers panel has expressed its concerns, particularly about domestic violence cases and the fact that a high number of complainants

“withdraw their statements or fail to attend the trial”.

Its most recent report states that in more than 65% of the trials that it had examined in which the CPS offered no evidence, it was because the complainant or witness had withdrawn or failed to attend court.

I understand that that lesson has been learned, and that a separate team has now been set up to deal with domestic violence cases, which is an intelligent move. I hope that it will allow skilled professionals to prepare cases in a thoughtful way and give the support that is required to move matters forward.