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Restoring police prosecution powers will not save money Restoring police prosecution powers will not save money
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The criminal justice system is currently going through what is probably its biggest upheaval in a century, and as in so many other public services reforms and changes are largely driven by cost.The criminal justice system is currently going through what is probably its biggest upheaval in a century, and as in so many other public services reforms and changes are largely driven by cost.
When the home secretary, Theresa May, addressed the Police Federation conference last week, in between the heckles and harangues, she announced police prosecution powers were to be partly restored, so as to take over nearly half of the cases that are heard in magistrates' courts. Magistrates deal with around 95% of all criminal cases, so the police will be prosecuting a high proportion of the total.When the home secretary, Theresa May, addressed the Police Federation conference last week, in between the heckles and harangues, she announced police prosecution powers were to be partly restored, so as to take over nearly half of the cases that are heard in magistrates' courts. Magistrates deal with around 95% of all criminal cases, so the police will be prosecuting a high proportion of the total.
The Crown Prosecution Service (CPS) was brought into being in 1986, to introduce an independent element into the decision as to whom should be charged and with what offences. A number of spectacular miscarriages of justice had made it clear that leaving everything to the police might sometimes produce unfair results. 25 years on, the CPS Inspectorate has reported that all is not well in the service, with problems at an unacceptable level, a situation that is unlikely to be eased by staff cuts.The Crown Prosecution Service (CPS) was brought into being in 1986, to introduce an independent element into the decision as to whom should be charged and with what offences. A number of spectacular miscarriages of justice had made it clear that leaving everything to the police might sometimes produce unfair results. 25 years on, the CPS Inspectorate has reported that all is not well in the service, with problems at an unacceptable level, a situation that is unlikely to be eased by staff cuts.
From the outset relations between the police and the CPS were cool, and the need for the lawyers to scrutinise cases before deciding on a charge inevitably led to a proliferation of paperwork. Officers who had worked hard on a case could be frustrated by what they saw as CPS nitpicking, driven by the target that cases should have a reasonable prospect of conviction.From the outset relations between the police and the CPS were cool, and the need for the lawyers to scrutinise cases before deciding on a charge inevitably led to a proliferation of paperwork. Officers who had worked hard on a case could be frustrated by what they saw as CPS nitpicking, driven by the target that cases should have a reasonable prospect of conviction.
The other side of this coin is a general reluctance for the crown to drop a matter if it ticks the right box. I have seen a case where a father and son spat, involving criminal damage worth less than £25 and in which the parties had subsequently settled their differences, ground on simply because it had been flagged as domestic violence, which is a current priority for the CPS.The other side of this coin is a general reluctance for the crown to drop a matter if it ticks the right box. I have seen a case where a father and son spat, involving criminal damage worth less than £25 and in which the parties had subsequently settled their differences, ground on simply because it had been flagged as domestic violence, which is a current priority for the CPS.
Of course, the big cases only form a small proportion of those prosecuted. May's proposals seem to relate, at this stage anyway, to the mass of offences such as low-level traffic infractions where many of the accused plead guilty by post or simply ignore the summons and wait to see what happens.Of course, the big cases only form a small proportion of those prosecuted. May's proposals seem to relate, at this stage anyway, to the mass of offences such as low-level traffic infractions where many of the accused plead guilty by post or simply ignore the summons and wait to see what happens.
Nowadays this sort of work is unlikely to be dealt with in your local magistrates' (if you still have one, following last year's mass closures) but rather sent to a gateway court miles away that is geared to wading through simple cases, the majority of which are dealt with in the absence of the defendant. The inexorable rise of the fixed-penalty regime has done something to reduce the number of these cases, but the gateway courts are still busy.Nowadays this sort of work is unlikely to be dealt with in your local magistrates' (if you still have one, following last year's mass closures) but rather sent to a gateway court miles away that is geared to wading through simple cases, the majority of which are dealt with in the absence of the defendant. The inexorable rise of the fixed-penalty regime has done something to reduce the number of these cases, but the gateway courts are still busy.
I can see that this approach might help to cut out some of the paperwork that dogs the present system, but whether the CPS or the police handle it will make relatively little difference to the cost.I can see that this approach might help to cut out some of the paperwork that dogs the present system, but whether the CPS or the police handle it will make relatively little difference to the cost.
The CPS now employs an increasing number of associate prosecutors, who are not barristers or solicitors, but trained specifically for the job. They are regulated professionals, overseen by The Institute of Legal Executives, but there are restrictions on what they are allowed to do. They can present a routine remand list before JPs, but they may not deal with committals to the crown court nor with trials or with cases involving youths. The best of them are good at their job, but it is hard to avoid the conclusion that the main attraction for the CPS is that they are cheaper than fully-qualified lawyers. I foresee that mission creep will gradually increase the range of work that they are allowed to do.The CPS now employs an increasing number of associate prosecutors, who are not barristers or solicitors, but trained specifically for the job. They are regulated professionals, overseen by The Institute of Legal Executives, but there are restrictions on what they are allowed to do. They can present a routine remand list before JPs, but they may not deal with committals to the crown court nor with trials or with cases involving youths. The best of them are good at their job, but it is hard to avoid the conclusion that the main attraction for the CPS is that they are cheaper than fully-qualified lawyers. I foresee that mission creep will gradually increase the range of work that they are allowed to do.
If the police take over this job they will have to put up someone to do it. I am old enough to remember the days when a solid time-served sergeant acted as court presentation officer before the justices, but it is more likely nowadays that a civilian will be used instead. If not, the back-office staff are unlikely to be warranted officers. I do recall one day in the eighties when the sergeant discovered that key documents were missing from his file and asked for an adjournment.If the police take over this job they will have to put up someone to do it. I am old enough to remember the days when a solid time-served sergeant acted as court presentation officer before the justices, but it is more likely nowadays that a civilian will be used instead. If not, the back-office staff are unlikely to be warranted officers. I do recall one day in the eighties when the sergeant discovered that key documents were missing from his file and asked for an adjournment.
My very senior and crusty chairman of the bench insisted that the case was put back for half an hour to allow the inspector to be fetched from the police station across the road. When he appeared, he clearly did not enjoy the experience but we had the satisfaction of knowing that the strictures of our chairman would be passed on with interest across the road.My very senior and crusty chairman of the bench insisted that the case was put back for half an hour to allow the inspector to be fetched from the police station across the road. When he appeared, he clearly did not enjoy the experience but we had the satisfaction of knowing that the strictures of our chairman would be passed on with interest across the road.
If May goes ahead and extends the range of simple cases dealt with by police, I'm sure they will be well able to cope with summary-only offences. However, they will have to put in staff to do it, and that will limit potential savings.If May goes ahead and extends the range of simple cases dealt with by police, I'm sure they will be well able to cope with summary-only offences. However, they will have to put in staff to do it, and that will limit potential savings.
Richard Bristow has been a magistrate since 1985 and is the chair of the West London Bench Richard Bristow has been a magistrate since 1985 and is the chair of the West London Bench. This article is written in his personal capacity