Police and CPS told to improve charging decisions

The police and the Crown Prosecution Service (CPS) must make improvements in how they both make charging decisions, a new report has found.

The joint inspection report, by Her Majesty's Crown Prosecution Service Inspectorate (HMCSPI) and Her Majesty's Inspectorate of Constabulary (HMIC), closely examined how the police and CPS are performing and how well they ensure quality charging in all offences.

Inspectors found a renewed emphasis at a senior level, in both organisations, to make the process work better. However, inspectors identified a number of areas where police and CPS needed to improve the quality of their charging decisions, and made ten recommendations to increase performance.

The report also found that while decisions on pre-charge bail are being better managed by the police but, in some cases, it has to wait too long on the Crown Prosecution Service (CPS).

Yesterday's Queen's Speech promised to improve the criminal justice system by implementing the Policing and Criminal Justice Bill, which would create a presumption that suspects will be released without bail unless it was necessary to detain them, and limit pre-charge bail to 28 days.

CPS delays

Chief inspector of HMCPSI, Kevin McGinty, commented that while the quality of charging decisions had improved since the inspectorate's last report in 2008, the new report showed a number of inconsistencies.

'Charging responsibility is a vital arm of the criminal justice system and I know that both organisations acknowledge the need to look closely at their training and processes to ensure there is a significant improvement in the way charging decisions are made,' he remarked.

The joint report also found that police officers have, in certain situations, had to wait too long for CPS charging decisions, either via phone with CPS Direct, or when seeking written advice.

CPS Direct is currently implementing a digital charging process, which should speed up the process. The inspectorate notes that the success of the plan will, however, depend on the quality of the files sent by the police.

Domestic abuse

The report also calls for better training for all police decision-makers especially in instances of domestic abuse where inspectors found examples of cases being sent to the CPS when the police should be taking the decision, and vice-versa.

HMI's Drusilla Sharpling commented: 'We were concerned to find that there was inconsistency across police forces in charging decisions, in particular when domestic abuse cases should be referred to the CPS.

We have recommended that police forces ensure there are sufficiently trained decision makers to make high-quality decisions in accordance with national guidance,' she said.

While there is clearly still work to be done, the police and CPS will no doubt welcome the contents of the report having recently been criticised by a separate joint inspection report which found that they, along with the probation service, were failing disabled victims of hate crime.

John van der Luit-Drummond is deputy editor for Solicitors Journal
john.vanderluit@solicitorsjournal.co.uk | @JvdLD