Crown Prosecution Service

Teresa Pearce Excerpts

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.

[Gareth Johnson (Dartford) (Con)]

I congratulate the hon. Lady on securing this debate. I certainly agree with her that we need to put the victims of crime at the centre of the criminal justice system and its work.

I have worked at Bexley magistrates court, to which the hon. Lady referred. Does she welcome the work of the witness support service there, which has assisted, over many years now, both prosecution and defence witnesses when they attend court? And does she also—

[Mrs Anne Main (in the Chair)]

Order. I remind the hon. Gentleman that interventions are usually brief and of a singular nature.

[Teresa Pearce]

I thank the hon. Gentleman for his intervention. Yes, I welcome the work of the witness support service at Bexley magistrates court; it does a fantastic job. Often, when people consider coming forward as a witness or to report a crime, they are not aware that such support exists and we must do more to publicise it, because the witness support service does a very important job.

Being a witness in a criminal proceeding is hard enough. The pressures of enduring cross-examination, bewigged barristers and the alien environment of a sterile courtroom are all enough to make a witness feel massively intimidated. However, sometimes getting even basic support from a witness care manager can make the difference between having a difficult time and enduring an absolutely impossible ordeal.

In the light of the reduction of nearly 43% in witness care manager numbers, what will the Minister do to safeguard the right of every witness to receive support? If witnesses continue to be unsupported, they are less likely to come forward in the first place. They are also less likely to turn up at court, less likely to give good evidence when they are cross-examined, and less likely to look back on the experience as being anything other than demoralising.

The costs of rescheduling hearings, postponing trials and abandoning prosecutions midway through will surely outweigh any savings made through cuts. This is an area where we could actually “spend to save”, because cutting the number of witness care managers is a false economy of the worst kind.

I will say just a few words about a special category of crime that the CPS prosecutes—historical sexual abuse cases. Perhaps there are few more compelling examples of victims who need support than the victims in such cases. If we fail them, we really must look again at the logic of cutting the CPS budget.

Historical sexual abuse is a crime that, regrettably, is coming to define our times. It represents a moral stain on society’s character. The late Lord Bingham, a former senior Law Lord, was right to hold up what he called “Equality before the law” as a “cornerstone of our society”. Too often, victims of crimes that took place sometimes decades ago have felt they have been treated unequally and ignored by our society and our criminal justice system. We legislators cannot undo the terrible things that victims have had to endure, but we can strive for justice for them. We can try hard to address their concerns and their years of not being listened to—and the way we do this is by properly funding the CPS in these cases.

The Director of Public Prosecutions has requested that the Chancellor provide £50 million-worth of funding to effectively prosecute cases of historical sexual abuse. Will the Minister commit to doing everything possible to provide the funding requested for these cases and make sure that the victims are fully taken care of while undergoing such an ordeal?

It is clear that the CPS is a demand-led service and cannot function appropriately if it is not adequately resourced. The opposing forces of increasing crime and decreasing funding mean that the system is struggling to cope, and the rise in the number of terrorist suspects being investigated is a further burden on the service. Alison Saunders, the Director of Public Prosecutions, has been forced to consider doubling the number of prosecutors to cope with the magnitude of the challenge of complex, terrorist-related cases and suspects. The complex nature of these offences means that much more time and resources have to be put into preparing them.

It is imperative that we reflect on what the CPS does well and what it is failing to do as a result of these cuts. We must ask ourselves what we can possibly expect of the service, in rising to increasing challenges, during a time of austerity and budget cuts of 28%.

It would be wrong to blame the CPS solely. Poor casework preparation and delays are not always its fault, but with staff cuts and growing workloads, administrative errors are more likely and, increasingly, cases are being dropped because of unnecessary mistakes. The CPS is trying its best to modernise: it is pursuing digital working, moving from a paper-based system to a digital one. If that is successful, it stands to save taxpayers money in the future. However, there have been huge criticisms of that service and it must be reviewed to ensure that it really is providing value for money, because expensive mistakes must be avoided.

We, as a society, depend on the CPS to bring to justice those who cannot or will not observe the laws that we make for ourselves. Will the Minister undertake to look again at where the CPS cuts are falling, not least to make sure that savings are not outweighed by money lost because of delays and lack of witness support?