By David Young-
The Criminal Justice System is deficient and dysfunctional, Chef Constable Cooke said in his comprehensive report.
Cooke lamented the lack of adequate resources and expertise in the system, including the CPS , courts, the prison, and the Probation Service.
Police operate as part of a wider CJS, which includes the Crown Prosecution Service (CPS), courts, prisons and the Probation Service. Cooke said the CPS has been deficient and dysfunctional for many years, adding that its ”woeful state significantly hampers the police’s efficiency and effectiveness”
His statement comes as a blow to the integrity of the Criminal Justice system with such admission coming from the Chief Constable
The decision whether or not to charge a suspect is sometimes made by the CPS. The CPS has also had to make savings and has limited resources both to make these decisions and, more importantly, to prosecute the cases that follow.
Policing leaders say they can’t always get charging advice from the CPS when they need it. This includes them not being able to get charging advice while a suspect is in custody unless they are requesting that the suspect is kept in custody following the charge.
This has created such frustration that three chief constables took the unusual step of jointly writing an opinion piece in a national newspaper. They said: “The austerity-hit CPS can’t cope and people aren’t getting justice. We, the police, want the power to fix that.” They proposed that, except in the most serious cases, the police should be able to make the decision on whether to charge.
He expressed a reluctance to be supportive of proposals from three chief constables’ proposals, wanting to first see further evidence and a significant improvement in the quality of case files that the police provide to the CPS.
It has become significantly more time consuming to prepare a case file for court. On 31 December 2020, the Director’s Guidance on Charging (sixth edition) and the Attorney General’s Guidelines on Disclosure came into effect. These documents apply to all criminal investigations and prosecutions. They introduced significant changes for the police and the CPS. The director’s guidance on charging is intended to make sure that the police give prosecutors the right information and material to make immediate charging decisions on cases referred to the CPS. And the guidance is also intended to make sure that cases can progress through the court system efficiently and effectively.
He said guidance brought in in dealing with acquisitive crimes like burglary puts too much pressure on the police, including producing detailed evidence like CCTV at an early stage before a case is even brought to court.
”A large backlog of cases is waiting to be dealt with at court” he said. According to the Court statistics for England and Wales, in October 2022 the backlog of cases in the Crown Court reached 62,475 – the highest ever recorded number.
Ministry of Justice figures show that for the period from July to September 2022, the average Crown Court case involving a not-guilty plea took 410 days from the case being received by the court to the completion of the trial. It is no wonder that victims and witnesses often end up feeling deeply disillusioned. In too many cases, victims lose confidence in the CJS and withdraw from the process entirely.
He said the prison system and the Probation Service aren’t in a much better position. These are matters of significant concern. ”” It may now be the right time for the Government to establish the Royal Commission for the Criminal Justice System that it pledged in its 2019 Conservative Party manifesto. If anything, the arguments in its favour are stronger now than they were then.
There is broad consensus that the police’s primary purposes are to maintain peace and to prevent and detect crime. However, societal changes in recent years have seen them take on added tasks that could, and should, be done by other services. These extra tasks have been taken on without enough public consultation.
One of the most pressing concerns within the UK criminal justice system is the chronic lack of adequate resources. Insufficient funding has severely hampered the system’s ability to function effectively. From the police force to the courts and prisons, all aspects of the criminal justice system have been adversely affected.
Law enforcement agencies, such as the police, struggle with high caseloads and limited manpower. This leads to stretched resources, increased workloads, and a detrimental impact on response times and investigations. Furthermore, inadequate staffing levels result in delayed justice and compromised public safety.
The court system has long been affect by inadequate resources, resulting in significant delays in cases coming to trial. The backlog of cases has reached alarming levels, leaving victims, defendants, and witnesses waiting for justice for extended periods. These delays erode public trust in the system and can negatively impact the psychological well-being of those involved.
Prison overcrowding is another consequence of resource deficiencies. The lack of funding for additional prison facilities exacerbates the problem, leading to inadequate living conditions, increased tensions, and higher rates of violence within correctional institutions. Moreover, the lack of rehabilitative programs and mental health support for inmates hampers efforts to reduce recidivism and reintegrate offenders into society effectively.
Inefficient Charging Decisions
The Crown Prosecution Service (CPS) plays a critical role in the criminal justice system by determining whether there is sufficient evidence to prosecute an individual. However, there have been instances where the CPS has been criticized for inefficiency in making charging decisions.
One significant concern is the inconsistency in charging decisions, leading to a lack of public confidence in the fairness and transparency of the system. This inconsistency can result from a variety of factors, including limited resources, insufficient training, and a lack of clear guidelines. As a consequence, cases that should proceed to trial may be dropped, while others that lack merit may proceed, leading to an inefficient allocation of resources and unjust outcomes.
Legal experts are united in the view that the delays in charging decisions can be detrimental to all parties involved. Victims may feel frustrated and let down by a system that appears slow to act. Defendants may experience prolonged periods of uncertainty and stress while awaiting a decision, potentially impacting their lives, relationships, and mental well-being.
The deficiencies in charging decisions also have wider implications for society. When individuals who pose a threat to public safety are not promptly prosecuted, there is a risk of reoffending and potential harm to others. Conversely, when individuals are wrongfully charged and put through the criminal justice process unnecessarily, it undermines the integrity of the system.