Labour responds to HMCSPI inspection into the performance of CPS during the pandemic

“The comments made by the Chief Inspector are damning and highlight how victims are being let down on every front by this government.

“Victims being left in limbo for years awaiting their day in court and a CPS that is functioning due to ‘reliance on goodwill’ is inexcusable. Not only does this undermine the confidence of victims in the criminal justice system, but it does a disservice to all who work in the criminal justice system and are doing their best to keep it functioning.

“A decade of failed Conservative ideology has wrecked the justice system, leaving it vulnerable even before the pandemic began. We now need to rebuild the justice system so that the UK can become the fairest country in the world.”

Ends

Notes to editors:

• The report by HMCSPI looked at the impact that the Covid: 19 crisis has had on the way the CPS operates from May 2020 – December 2020.

• In the report, the Chief Inspector highlights his concerns at the impact Covid: 19 has had on the criminal justice system in order to operate effectively and the delays in court dates impacting on a person getting access to justice:
  “Crown Court trials are not being given trial dates because the date for a trial is likely to be so far into the future that there can be no certainty. In these cases, victims and witnesses have no clear idea of when their case will come to trial. This cannot be right and will quickly undermine confidence in the system.”

• The inspector also highlights how these delays are not going to be resolved quickly, and if not tackled correctly – could have fatal damage to the criminal justice system:
  “This report shows is that the pressures on the CPS caused by the large increase in Crown Court and, in some places, magistrates’ court cases currently outstanding will not be resolved quickly.”
  “There is a continued rise in cases coming into the system and work from the magistrates’ courts is now proceeding into the Crown Court. Without a clear understanding of the local position, the impact on the CPS and the criminal justice system could be fatal.”
• Caseload increases over the pandemic for the CPS have increased by over 55%:
  “Outstanding cases on the CPS case management system in some CPS Areas in Crown Court units have grown by more than 55%. This means that prosecutors and paralegal staff are carrying much higher caseloads. The pressures on frontline staff have increased so significantly that some major changes in how the CPS undertakes its work have had to be made.
  “What is obviously of concern, however, is the challenge of an increasing caseload in the Crown Court and the increase of activity that has accompanied the restoration of magistrates’ court work towards pre-pandemic levels. The resulting level of pressure is not lessening. “

• In the report, the inspector highlights his concern that the delays and increase in caseload will have on victims:
  “Whilst the pressures on CPS staff have increased, the impact on victims and witnesses is much more of a concern. Trying to deal with the crisis and react to the backlogs has, in some instances, had unintended consequences for victims.”
  “The increased backlog is not a statistic without consequence. For victims, witnesses and defendants, it means a delay in the resolution of their criminal case. Delay affects the ability of victims, witnesses and defendants to recollect the events and can impact on their willingness to attend court to give evidence. But the practice of listing multiple cases into the same time slot to maximise valuable court time can also undermine the confidence of victims and witnesses in cases that are listed but not heard on the day. “

• The inspector is also damning of the deterioration of the criminal justice in his time as chief inspector since 2015:
  “The criminal justice system now is in a far more parlous state than it was in 2015. The criminal system they aspire to, and claim to have, needs to be funded. For too long it has relied on the goodwill and effort of those who work in it to be able to operate at all. The COVID pandemic has made it clear that this is not enough.”

• On the additional recruitment within the CPS during the pandemic the inspectorate said;
  “In reality, recruiting 440 staff across the 14 CPS Areas, the use of crown advocates, some targeted support from Central Casework Divisions, the use of overtime and some secondments from the external Bar were not going to meet the increase in demand. CCPs said this had helped, but many expressed the view that this level of pressure could not go on indefinitely and that staff in some Areas were at breaking point. “