Crown Prosecution Service improves charging decisions, but further improvements are needed

Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) has today published a report on the quality and timeliness of charging decisions made by the Crown Prosecution Service (CPS).

The inspection was carried out to analyse the standard of charging decisions after the CPS made significant changes to its system for charging. In 2016, the CPS returned the responsibility for the majority of charging decisions from CPS Direct (CPSD), the 24 hour a day national service, to the 13 (now 14) CPS regional Areas. This change was mainly made to address the backlog of cases that had built up in CPSD.

HMCPSI previously examined the standard of CPS charging decisions in 2015. The report in 2015 found that in nearly one in ten cases (9%) CPS prosecutors made the wrong charging decision. This inspection found that CPS prosecutors made the wrong charging decision in less than 3%, demonstrating a significant improvement.

However, there has been a drop in the overall standard of prosecutors’ legal analysis since 2015, with fewer than half (45%) of CPS charging decisions being assessed as fully meeting expectations for case analysis and setting out a clear strategy for how a case should be handled after charge, which is fundamental to the subsequent stages as it moves through the justice system. This highlights that there is a skills gap for some lawyers which the CPS needs to address. The CPS should also set a nationally agreed standard of what a good legal analysis looks like.

Inspectors also found that there has been a significant drop in the timeliness of charging decisions made by CPS Areas, with timely decisions being made just under half (48%) of the time. In 2015 that figure was 64%. Inspectors therefore concluded that the changes made by the CPS have not yet ensured that timely charging decisions are being made.

 

Commenting on the findings, HM Chief Inspector Kevin McGinty said:

“In 2016 the CPS made significant changes to how it delivered charging, with responsibilities being returned to CPS Areas. This inspection allowed us to examine whether these changes were working.

“There has been a marked improvement in getting the charge right at the outset, which is important, but there is significant room for improvement in respect of the quality of prosecutors’ legal analysis and the timeliness of their decision making.”

 

Notes to editors

1. A copy of the report is attached. Charging Inspection (854 kB)
2. HMCPSI inspects prosecution services, providing evidence to make the prosecution process better and more accountable. We have a statutory duty to inspect the work of the Crown Prosecution Service.
3. The last time HMCPSI examined CPS charging decisions was in 2015. This was a joint inspection with Her Majesty’s Inspectorate of Constabulary (HMIC). The 2015 report can be found here.
4. HMCPSI inspectors examined 1400 files nationally, 100 from each of the 14 CPS Areas. This was one of the largest file samples ever conducted by HMCPSI.