12.07.2015 Views

Crown Prosecution Service

Crown Prosecution Service

Crown Prosecution Service

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

CONTENTSLETTER FROM THE DIRECTOR TO THE ATTORNEY GENERAL 01-02CROWN PROSECUTION SERVICE 03-04SUMMARY OF PERFORMANCE AND ACHIEVEMENTS 05-07CRIMINAL JUSTICE SYSTEM PERFORMANCE 08-12CROWN PROSECUTION SERVICE PERFORMANCE 13Strengthening the <strong>Prosecution</strong> Process 14-20Championing Justice and the Rights of Victims 21-23Inspiring the Confidence of the Communities We Serve 24-29Driving Change and Delivery in the Criminal Justice System 30-31Being Renowned for Fairness, Excellent Career Opportunities, 32-36and the Commitment and Skills of all Our PeopleHaving a Strong Capability to Deliver 37-38RESOURCE ACCOUNTS 39-84ANNEX A - Casework Statistics 85-88ANNEX B - Guidance Issued by the Director 89ANNEX C - Code for the <strong>Crown</strong> Prosecutors 90-97ANNEX D - Designated Caseworkers General Instructions 98-100ANNEX E - Designated Caseworkers Training and Selection 101ANNEX F - Your Local CPS – CPS Area/Police Force Boundary Map 102-103ANNEX G - Glossary 104ANNEX H - Topic Index 105THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


1LETTER FROM THE DIRECTOR TO THE ATTORNEY GENERALI am pleased to report to you on the performance,reform and resource profile of the <strong>Crown</strong> <strong>Prosecution</strong><strong>Service</strong> (CPS) during 2006-07. This year has seen somesubstantial challenges for the <strong>Service</strong>: realising thebenefits of Charging and the Advocacy Strategy;dealing with increasingly serious, organised andterrorist crime; looking at options for Arearestructuring; implementing Simple Speedy SummaryJustice and working to make the CPS a more outwardfacing,pro-active and accountable organisation.The Charging programme is now fully embeddedacross all 43 CPS Areas. The success of thisProgramme has clearly demonstrated the key rolethat CPS prosecutors play within the Criminal JusticeSystem (CJS), and this year we have providedpre-charge advice in 584,216 cases - an increase ofover 143,000 cases compared with 2004-05. Ourprosecutors, both in police stations and through our24-hour telephone service, CPS Direct, are workingin partnership with the police to ensure that theright charging decision is made at the right time,building strong cases and reducing the number ofunsuccessful outcomes and ineffective trials.The latest results from the Advocacy programme arealso extremely encouraging and show us on courseto exceed all of our original targets in thisfundamental area of our work. The CPS now has838 prosecutors able to present cases in the highercourts and 390 Designated Caseworkers (DCWs)able to present cases in the magistrates' courts. As aresponse to this progress, we intend to significantlyraise the bar next year and to keep on raising it untilthe CPS is truly a service of prosecuting advocates.As part of this initiative, we are introducing a newcareer plan for our lawyers that places advocacy atthe heart of the required skill-set. I am personallyvery proud of this transformation and I believe thatit sets us on the right path to build a great andenduring national institution - a prosecutingauthority that can be respected by the public fortaking responsibility and delivering justice in a fair,consistent and wholly transparent manner.The three central Casework Divisions have expandedduring this reporting year and they continue to buildon their excellent reputation. The Organised CrimeDivision is as good as any group of serious crimeprosecutors in the world, the Counter TerrorismDivision has an outstanding international reputation,and the Special Crime Division has won considerablerespect for the care with which it brings the mostsensitive of cases. As you know, these Divisions workwith partners, both UK and international, tostrengthen our response to the type of high profileand complex case that impacts directly on thepublic's confidence in the CJS. Their achievementsduring their short history are remarkable.Following the decision not to proceed with therationalisation of police force structures, the CPShas undertaken an internal review of its ownstructures. In consultation with yourself, the SolicitorGeneral, CPS staff and our key partner agencies, wehave now begun a programme of restructuring thatwill create 14 Area Groups designed to respond, ata local level, to increasingly complex crime. Buildingon the excellent work of the central CaseworkDivisions, each Area Group will include a complexKen Macdonald QC


2casework unit that pools local expertise to provide abetter public service and will, with clear leadershipfrom the Area Group Chairs, drive up the quality ofour casework across England and Wales.In response to the National Audit Office report onthe effective use of magistrates' courts' hearings,the criminal justice Ministers published the paper'Delivering Simple, Speedy Summary Justice'. TheCPS has embraced the issues highlighted in thispaper and, working with our CJS colleagues, wehave introduced a number of trials to help usidentify and implement new processes that willimprove the efficiency and effectiveness of ourmagistrates' court work. We have also looked atthe effectiveness of our internal office procedures,and we will be continuing to rollout the efficiencymeasures identified through this optimum businessmodel project.The CPS is now much more accountable to the public,listening to all sections of the community andexplaining our work and our decisions as a matter ofcourse. During 2006-07 the CPS launched a SingleEquality Scheme, which consolidates the work that hasalready been undertaken to promote equality anddiversity for our staff and on behalf of all of the peoplethat we serve. The CPS has built, and will continue tobuild, on the positive results of its recent communityengagement pilots by making use of communityengagement panels, liaising with community groupsand by making its work more accessible and moreeasily understood through its profile in both local andnational media. This year has also seen much progressfor our staff, with individual performance beingrecognised in the national press, lawyers participating inlive charging announcements and, for the first timeever, the appointment of a new Chief Executive fromwithin our own ranks. This latter development is aparticular milestone and I look forward to the day whena Director of Public <strong>Prosecution</strong>s (DPP) is also appointedfrom within the <strong>Service</strong>. The top team has been furtherstrengthened this year with the appointment of newDirectors for Human Resources (HR) and Policy, thelatter also being an internal promotion.There will undoubtedly be a further series ofchallenges in 2007-08. We will be taking a closelook at the findings of the recently publishedCapability Review, and my team is fully committed toprogressing the resulting action plan. Following theannouncement of the 2007 ComprehensiveSpending Review (CSR 2007) settlement, we will alsoneed to drive out further efficiencies for the benefitof the CPS, the CJS and the public as a whole.I am full of admiration for the people of this great<strong>Service</strong> and for everything that they have achievedover the past few years. I have no doubt that wecan count on the same level of commitment, skilland innovation during the coming year, and this willtake us even closer to achieving our mutual aim of aworld-class public prosecution service.KEN MACDONALD QCDirector of Public <strong>Prosecution</strong>sTHE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


4The CPS works closely with the Home Office, theDepartment for Constitutional Affairs 1 (DCA) and theOffice for Criminal Justice Reform (OCJR), which isthe trilateral team drawn from the Home Office,DCA and CPS to support criminal justicedepartments, agencies, and Local Criminal JusticeBoards (LCJBs) in working together to deliver Public<strong>Service</strong> Agreement (PSA) targets and to improve theservice provided to the public.PolicyRoger DawEquality and DiversitySéamus TaylorCPS Management StructureChief ExecutivePeter Lewis42 Area and CPSDirect Chief<strong>Crown</strong> ProsecutorsFinanceJohn GrahamDPPKen Macdonald QCCPS HQLinks with Local Criminal Justice BoardsLCJBs bring together the Chief Officers of localcriminal justice agencies to deliver the PSA targets intheir Area and to drive through criminal justicereforms. Each LCJB has produced delivery plans tobring more offenders to justice, reduce ineffectivetrials and increase public confidence. Progress on theplans is reported to the National Criminal JusticeBoard (NCJB). The Attorney General, SolicitorGeneral, DPP and CPS Chief Executive, along withthe Home Secretary, Lord Chancellor and others, aremembers of the NCJB.42 Area and CPSDirect BusinessManagersBusinessDevelopmentSteve PrzybylskiHuman ResourcesRos McCoolBusinessInformation SystemsClaire HamonTHE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07Organised CrimeDivisionAlison SaundersSpecial CrimeDivisionCarmen DowdCounter TerrorismDivisionSue HemmingBusiness Centres1From 9 May 2007, the Ministry of Justice.


5SUMMARY OF PERFORMANCE AND ACHIEVEMENTSAimThe CPS works in partnership with the police,courts, Home Office, DCA and other agenciesthroughout the CJS to reduce crime, the fear ofcrime, and its social and economic cost; to dispensejustice fairly and efficiently and to promoteconfidence in the rule of law.The CPS's overall aim, which reflects thegovernment's priorities for the CJS, is to:Deliver a high quality prosecution service thatbrings offenders to justice, helps reduce bothcrime and the fear of crime and therebypromotes public confidence in the rule of lawthrough the consistent, fair and independentreview of cases and through their fair, thoroughand firm presentation at court.CPS VisionThe CPS is working to become a world-class,independent prosecuting authority that delivers avalued public service by:• Strengthening the prosecution process tobring offenders to justice: providing anindependent prosecution service, working withthe police from the outset of a case to itsdisposal; advising the police before charge;building and testing the strongest possibleprosecution case and presenting that case fairly inthe courts on behalf of the public.• Championing justice and the rights of victims:assessing the needs of victims and witnesses andtheir likely evidence from the outset andthroughout the life of the case; making sure theirexperience of the CPS and the CJS encouragesthem and others to come forward in future toplay their part in bringing offenders to justice.PoliceIncreased detection ratebrings more offendersinto the justice processFixed Penalty Noticesused to stamp out antisocialbehaviourProlific offenders pursuedrelentlesslyCPSAdvice is available topolice 24/7Charge determined byCPSPrepares and presentscases for prosecutionSupports witnessesthrough the processEnhanced prosecutor rolein sentencingCourtsEncourages alternativeways of resolving disputesWhere cases come tocourt, they are dealt withefficientlySpecialist courts dealwith domestic violence,anti-social behaviour andorganised crimesTrials take place onscheduled dayNational OffenderManagement <strong>Service</strong>Swift action taken wherecommunity penalties arebreachedDrug-using criminalsreceive treatmentCourt buildings and facilitiestailored to witness needsCommunity engaged injustice processSentences are effectiveYouth Justice BoardContinued drive toreduce re-offendingEvery Criminal Justice AgencyParticipates in LCJBsTreats victims and witnesses as individualsHas motivated staff providing excellent customer serviceEnforces decisions and penalties of the court swiftly and effectively, with high risk offenders fast-trackedWorks to eliminate racial discrimination


6• Inspiring the confidence of the communitieswe serve: being visible, open and accountablefor our decisions; being responsive to the needsof the community and providing a valued publicservice; being seen as the decision makers whodecide which cases should be brought to courtand bringing them to justice.• Driving change and delivery in the CJS: as a selfconfidentleader, influential in delivering localcriminal justice and in shaping the CJS of the future.• Being renowned for fairness, excellent careeropportunities and the commitment and skillsof all our people: where everyone is treated onmerit; where people of ability can rise to the topand where all our people are renowned for theircommitment, skills and dedication to justice.• Having a strong capability to deliver: bytransforming HQ support to frontline delivery,securing value for money and efficiencies toreinvest in frontline prosecution services;improving the management of prosecution costs;harnessing IT to support CPS business; anddelivering through effective programme andproject management.Sustainable DevelopmentIn March 2005 the government published 'Securingthe Future', an updated Strategy for SustainableDevelopment in the UK. The Strategy set out thegovernment's overall plans and required allgovernment departments to draw up proposals fortackling sustainable development issues. The CPS,as part of the Law Officers’ Departments, hascompleted an action plan which was reported uponwithin the Law Officers' Departments DepartmentalReport 2007. The Annual Report 2006-07 detailsperformance against social, community, andeconomic aspects throughout the report with aspecific section on environmental issues on page 38.Cases for advice and prosecution• In 2006-07 the CPS took pre-charge decisions in584,216 cases, compared with 570,757 in 2005-06. The CPS prosecuted a total of 1,091,250defendant cases, including straightforward casescharged by the police, in magistrates' courts andin the <strong>Crown</strong> Court, compared with 1,176,112 inthe previous year.Case results• During 2006-07, 842,022 defendants wereconvicted in magistrates' courts and 71,738 wereconvicted in the <strong>Crown</strong> Court. The CPS made asubstantial contribution to the CJS target ofnarrowing the justice gap.• The percentage of cases discontinued inmagistrates' courts continued to fall, from 13.8%in 2003-04 to 12.5% in 2004-05, 11.6% in2005-06, and 10.8% in 2006-07.• Unsuccessful outcomes in magistrates' courts fellfrom 21.1% of all outcomes in 2003-04 to19.2% in 2004-05, 17.2% in 2005-06 and15.7% in 2006-07.• In the <strong>Crown</strong> Court, unsuccessful outcomes fellfrom 25.4% of outcomes in 2003-04 to 24.2%in 2004-05, 22.8% in 2005-06 and 22.3% in2006-07.• Overall, unsuccessful outcomes fell from 21.4%of all outcomes in 2003-04 to 19.6% in 2004-05,17.7% in 2005-06 and 16.3% in 2006-07; whileconvictions rose from 78.6% during 2003-04 to80.4% in 2004-05, 82.3% in 2005-06 and83.7% in 2006-07.% Unsuccessful OutcomesTHE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


7SUMMARY OF PERFORMANCE AND ACHIEVEMENTSPeople• At the end of March 2007, the CPS employed atotal of 8,405 people, 221 more than at the sametime the previous year. This includes 2,879prosecutors and 4,908 caseworkers andadministrators. Over 92% of all staff are engagedin, or support, frontline prosecutions. The CPS has838 prosecutors able to present cases in the<strong>Crown</strong> Court and in the Higher Courts and 390DCWs able to present cases in magistrates' courts.Delivery of PSA targets• Latest available figures show 1.399 millionoffences brought to justice for the year endingDecember 2006.• The proportion of ineffective trials in the <strong>Crown</strong>Court has reduced from 12.7% in January 2006to 12.3% in the quarter ending January 2007. Forthe magistrates' courts, the proportion ofineffective trials has reduced from 21.1% inJanuary 2006 to 19% in January 2007.• The British Crime Survey (BCS) shows that for theyear to December 2006, 42% of people believethe CJS is effective in bringing people whocommit crimes to justice, compared with 44% inDecember 2005; and the number of victims andwitnesses who were satisfied with the CJS rosefrom 59% in December 2005 to 60% inDecember 2006.CPS Reform• Following the rollout of Statutory Charging to allAreas, post-implementation reviews werecompleted in all Areas by December 2006.CPS Direct continues to support these arrangementsby providing an out-of-hours telephone service withexperienced lawyers providing police with chargingadvice throughout the night and at weekends.• The CPS is continuing to enhance its ability toprovide its own, in-house, high quality advocacyin all courts. In 2006-07 there were 2,872 caseslisted for trial recorded as being covered byHigher Courts Advocates (HCAs), compared with955 cases in 2005-06; and DCWs dealt with14.7% of magistrates' courts sessions, comparedwith 10.7% in 2005-06.• No Witness No Justice (NWNJ), a joint CPS andpolice initiative, has continued to support victimsand prosecution witnesses. Witness attendancerates have increased from 77% to 84%, andthe number of trials that did not go ahead asplanned because a witness failed to attendhas fallen by 20.7%.• The CPS introduced a Single Equality Scheme inDecember 2006. The Scheme incorporatesequality and diversity actions in respect of gender,race, disability, age, religion or belief, andsexuality and gender identity.• Despite the decision not to proceed with therationalisation of police force structures, the CPScontinued consultation to agree the best way inwhich to improve the resilience of theorganisation for the future, particularly in theneed to support Tier 2 crime arising fromsubstantial cross-border, intelligence-led policeinvestigations. This has resulted in a decision tomaintain the 42 Area structure and in additioncreate 14 Areas Groups to handle common issuessuch as Tier 2 crime. Each group will have aComplex Casework Unit and a group secretariatto improve the effectiveness and efficiency ofwork undertaken.• The CPS has undertaken a Cabinet OfficeCapability Review to assess the <strong>Service</strong>'s capabilityand capacity now and for the future. The CPS hasprepared an action plan and will beginimplementing changes throughout 2007-08.


CRIMINAL JUSTICE SYSTEM PERFORMANCE8PSA TargetsPSA targets were set for the CJS in the SpendingReview 2004 (SR 2004) for 2005-08. The targets,reported on at pages 9-10, are the responsibilityof the Home Office, DCA and the CPS.Efficiency SavingsSR 2004 also requires the CPS to deliver£34 million efficiency savings by March 2008(pages 11-12). The CPS has no workforcereduction target in SR 2004, but has set a targetof relocating 20 posts by 31 March 2008.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


9SR 2004 PROGRESS ON DELIVERYPerformance MeasuresLatest OutturnPSA Target 1:Improve the delivery of justice by increasing the number of crimes for which an offender isbrought to justice to 1.25 million by 2007-08.An offence is said to have been brought to justice when a recorded crime results in an offender beingconvicted; cautioned; issued with a penalty notice for disorder; given a formal warning for the possessionof cannabis or having an offence taken into consideration by the court.Increase the number of offences for which anoffender is brought to justice to 1.25 millionby March 2008.Ahead.Latest performance on offenders brought to justiceis 1.399million 2 in the year ending December 2006.This is 39.6% above baseline. Performance must bemaintained but provisional data shows that we arealready ahead of the 2007-08 target level.Offences Brought to Justice2Data are provisional and subject to change, contains estimates for missing data.


10Performance MeasuresPSA Target 2:Latest OutturnReassure the public, reducing the fear of crime and anti-social behaviour (ASB), and buildingconfidence in the CJS without compromising fairness.Public confidence in the CJS and the satisfaction of victims and witnesses is assessed using the BCS andthe Home Office Citizenship Survey (HOCS) 3 .Responsibility for the three assurance elements of the target lies with the Home Office. The threeconfidence elements, reported on below, are shared between the Home Office, DCA and the CPS.Improve the level of public confidence inthe CJS.This is determined using questions in the BCS whichask whether the public believes the CJS is effectivein bringing people who commit crimes to justice.Reduce the number of people in ethnic minoritycommunities who believe the CJS would treatthem worse than people of other races.This is determined using questions in the HOCSwhich ask whether people from a black or minorityethnic background believe the CJS would treatthem worse than people of other races.Increase satisfaction of victims and witnesses.This is measured using BCS questions on victimand witness satisfaction with the CJS.On Course.Baseline (BCS 2002-03): 39%Target (BCS 2007-08):An increaseAnnual Outturn (BCS 2005-06): 44%Latest Outturn (Year to December 2006): 42%On Course.Baseline (HOCS 2001): 33%Target (The Citizenship Survey 2007): A reductionLatest Outturn (HOCS 2005): 31%On Course.Baseline (BCS six months to March 2004): 58%Target (BCS 2007-08):An increaseAnnual Outturn (BCS 2005-06): 59%Latest Outturn (Year to December 2006): 60%THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 073HOCS is now The Citizenship Survey following the transfer of Communities Group from the Home Office to the Department of Communities and Local Government.


11DELIVERING EFFICIENCIESIntroductionSR 2004 set a new efficiency target for the CPS todeliver savings of £34.1 million in 2007-08. Toachieve this overall target, the CPS has set interimplans of £20.1 million in 2005-06, £26.6 millionin 2006-07 and £34.1 million in 2007-08.The table below shows the efficiency targets peryear, along with the discrete year savings made todate for 2004-05, 2005-06 and 2006-07.Workstream 2004-05 2005-06 2006-07 2007-08CPS Plan Actual CPS Plan Actual 4 CPS Plan Actual 5 SR 2004Target Cashable£m £m £m £m £m £m £m £mCharging Programme 10.0 15.6 15.0 19.2 17.5 22.8 20.0 10.0Productive Time 1.3 2.4 3.8 33.8 6.1 50.2 8.1 4.3Procurement 0.3 0.6 0.5 2.5 1.0 4.3 2.5 2.1Corporate <strong>Service</strong>s - - 0.8 1.1 2.0 2.9 3.5 1.1Total 11.6 18.6 20.1 56.6 26.6 80.2 34.1 17.5In 2006-07, the CPS had achieved efficiencysavings of £80.2million. This represents a positiveresult with the realised savings significantly higherthan originally anticipated. The increased savingshave primarily come through greater savingsbeing realised through the Productive Timeworkstream from the COMPASS Programme andAdvocacy Programme. The continued success ofthe CPS Efficiency Programme has beenrecognised, with the Office of GovernmentCommerce (OGC) agreeing that the CPS is oncourse to successfully deliver the efficiency target.The targets have been, and will be, deliveredthrough planned efficiencies, broadly covering:• The implementation of the Chargingprogramme, designed to improve theeffectiveness and the efficiency of the criminaljustice process; is measured by success in termsof the improvement in the guilty plea rate,reductions in discontinuance and reductions inthe proportion of cases that do not result ina conviction;• Improvements in productive time, measuredthrough a survey of users of the COMPASSManagement Information System and in thedeployment of HCAs and DCWs;• Savings through HQ rationalisation, relocationand corporate services reorganisation, whereservice levels and process quality have beenmeasured and benchmarked and serve asquality performance measures. These aremeasured through the number of staffredeployed, overhead cost comparison, andtransaction processing costs; and• Improving procurement practices, which focuseson reducing the costs of goods and servicesand is developing a structured specification forgoods and services for a range of supplierswhilst ensuring the quality of goods andservices is maintained.4&5Data are provisional and may be subject to minor revision. The figures quoted here were correct at 6 July 2007.


12The CPS expects productive time efficiencies toaccount for around 64% of planned savings by2007-08, with another 27% coming from theCharging programme and the remainder throughimproved efficiency in the provision of corporateservices and savings delivered through moreeffective procurement practices. Cashable savingsare being re-invested in Charging, COMPASS andthe Case Management System (CMS), andmeeting new workload pressures on frontline staff.Actions taking place to deliver efficiencies• All 42 CPS Areas are now operating underthe new Statutory Charging arrangementswhich were introduced by the CriminalJustice Act 2003.• The structural reorganisation of <strong>Service</strong> Centreshas been completed, including reducing thenumber of <strong>Service</strong> Centres to deliver services toAreas as efficiently and effectively as possible.• The COMPASS Programme completed an OGCledGateway Review 5 on benefits realisation.The COMPASS Benefits Annual Report for2005-06 was published in July 2006.• All Areas are implementing local plans toincrease the use of HCAs and DCWs as part ofa strategy to increase CPS in-house advocacy.Targets for HCA and DCW deployment forfuture years have been set in the light ofexperience to date.• Procurement initiatives have been implementedwith the savings achieved exceeding the 2006-07 target of £1million.• There is no target for workforce reductions inthe CPS efficiency plan. The CPS has set atarget of relocating 20 posts by 31 March2008. Good progress is already being madewith the CPS recording 43 posts relocated outof London and the South East as at the endof 2006-07.Plans for delivering efficiencies over the next6-12 months• Following the rollout of the StatutoryCharging programme to all 42 Areas and thecompletion of post-implementation reviewsacross all 42 Areas, monitoring of benefitsrealisation will continue.• The <strong>Service</strong> Centre Review project willcomplete the programme of redeploying alldisplaced staff. New Business Centres willhave service level agreements in place withAreas and with HQ.• The Advocacy Strategy Programme will reviewHCA and DCW targets for 2007-08 andbeyond, with the aim of accelerating in-houseadvocacy deployment at a greater rate thanoriginally planned.• Review and re-negotiation of suppliercontracts will continue to ensure thatchallenging efficiency delivery targets forprocurement are met.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


13CROWN PROSECUTION SERVICE PERFORMANCEAttritionReduction in Unsuccessful Outcomes in magistrates' courtsand the <strong>Crown</strong> Court.Increase in the sanction detection rate.Hate CrimeReduction in unsuccessful outcomes for hate crime.ChargingA reduction in the discontinuance rate for magistrates'courts and <strong>Crown</strong> Court activity.An increase in the guilty plea rate for magistrates' courtsand <strong>Crown</strong> Court activity.Proceeds of Crime Act (POCA)Assets recovered under POCA.COMPASSIncrease to 90% the number of cases with aPre-Charge Decision.Increase to 90% the number of cases with a <strong>Crown</strong> Courttrial having completed a full file review.A joint target of 90% to be achieved by March 2007.AdvocacyIncrease in counsel savings made through HCA deployment.Increase in the % of advocacy dealt with in-house.Payment of feesTimeliness of GFS payments.AbsenceReduce sickness absence rate.MET. The proportion of unsuccessful outcomes fell from17.7% in 2005-06 to 16.3% in 2006-07, meeting theannual target of 17%.MET. The CPS increased sanction detections to 25.7% inMarch 2007 against a trajectory of 23.9%.MET. The proportion of unsuccessful outcomes for hatecrime fell from 38% in 2005-06 to 32.8% in 2006-07,meeting the target of 36%.NOT MET. Magistrates’ courts discontinuance rate was14.8% in March 2007 compared to the national target of11%. <strong>Crown</strong> Court discontinuance rate was 13.3%compared to a national target of 11%. 6MET. Magistrates’ courts guilty plea rate for March 2007was 70.6% compared to a national target of 52%.NOT MET. <strong>Crown</strong> Court guilty plea rate for March 2007was 65.9% compared to a national target of 68%. 7MET. The CPS secured 3373 confiscation orders against atarget of 3293 with a value of over £85 million, achieving99.2% of the £86 million target.MET. The national performance for Pre-Charge DecisionConsultations in March 2007 was 97.86% compared to atarget of 90%. Four Areas achieved 100%, and all but twoAreas individually exceeded the national target of 90%.NOT MET. The national performance for <strong>Crown</strong> CourtReviews in March 2007 was 89.47% against a target of90%. Twenty-eight Areas have individually reached orexceeded the target of 90% (four achieved 100%), and afurther 12 Areas are within 10% of the target.MET. The CPS achieved 93.7%.MET. The CPS has exceeded its HCA counsel fee savings,achieving £9,617,670 (ex VAT) in counsel fee savings during2006-07 against a target of £6,808,930. This performancewas 141.3% of the set target. Nationally, counsel feesavings for the year were 11% of Graduated Fee Scheme(GFS) advocacy value. HCAs remained value for money withcounsel fee savings exceeding the full cost of HCAdeployment, by £953,558.NOT MET. The CPS has narrowly missed its in-housemagistrates' courts coverage target of 81%, undertaking80.4% of available magistrates' courts sessions in 2006-07.NOT MET. The CPS achieved 89.2% against a target of 95%.NOT MET. The average number of working day sick peremployee was 8.7 days against a target of 7.5 days.6&7Target data included in the 2005-06 CPS Annual Report and Resource Accounts were incorrectly noted as Area averages ratherthan the national target.


STRENGTHENING THE PROSECUTION PROCESS14ChargingStatutory Charging, which gives responsibility tothe CPS for deciding the charge in all but the mostminor criminal cases, has been operational acrossall 42 Areas since 3 April 2006. CPS Direct, theout-of-hours telephone service, which allowsexperienced prosecutors to work from home toprovide police with charging advice throughoutthe night and at weekends, continues to supportthe Charging arrangements.Following the rollout of the Statutory Chargingprogramme, post-implementation reviews ofCharging schemes were conducted to ensure thateffective procedures were in place and theanticipated benefits were being met. These werecompleted across all Areas by December 2006.Work commenced in early 2007 to develop andtest the provision of out-of-hours, face-to-face,Charging coverage with a view to implementationwhere appropriate in Areas during 2007-08.The Charging arrangements are already deliveringconsiderable benefits. Prosecutors work closely withthe police to build robust cases for prosecution thathelp to bring more offences to justice, increase thenumber of guilty pleas and reduce the number ofcases that are discontinued. Figures for March 2007show an increase in the guilty pleas rate from 40%to 71% in the magistrates' courts whilst thediscontinuance rate in the magistrates' courts hasfallen from 36% to 15%.CPS DirectCPS Direct is a virtual CPS Area. Prosecutors workfrom home offices to make charging decisions oncases referred to the CPS outside the normal 9am to5pm working hours in the working week, andthroughout bank holidays and weekends. More than130 prosecutors work from home offices, and in2006-07 they took 183,034 calls from theconstabularies of England and Wales, and provided127,911 advices and charging decisions to the police.AdvocacyThe CPS continues to enhance its ability to provideits own, in-house, value for money, high qualityadvocacy in all courts. In 2006-07, the value ofcounsel fee savings generated by HCAs was £9.62million (exc VAT), equating to 11% of the total<strong>Crown</strong> Court GFS advocacy value. This was asignificant increase compared to the 2005-06 year,when the value of HCA generated counsel feesavings was £4.65 million (exc VAT), equating to6% of the total <strong>Crown</strong> Court GFS advocacy value.For the 2006-07 year, the number of cases listedfor trial recorded as being covered by HCAs, was2,872. The equivalent figure for 2005-06 was 955.At 31 March 2007, the number of HCAs hasincreased from 604 (March 2006) to 838 (full-timeequivalent). The increase is made up of lawyersfrom the CPS who have qualified as HCAs and anumber of direct recruits from the self-employedBar and solicitor higher court advocates, who bringsignificant <strong>Crown</strong> Court trial experience into theorganisation. In addition CPS London has recruitedthree specialist Rape Advocates who will deal withrape and serious sexual offence cases from start tofinish, from deciding the charge, throughreviewing the case to prosecuting at trial in the<strong>Crown</strong> Court.DCWs in all 42 Areas are able to prosecute mostnon-contested matters in magistrates' courts. Sincetheir powers were extended in January 2006 theirremit has included contested bail matters and PretrialReviews. They can also deal with certain noncontentiousmatters in the youth court. For the2006-07 year, DCWs dealt with 14.7% ofmagistrates' courts sessions. This was a significantincrease on the corresponding figure for 2005-06,which was 10.7%.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


15STRENGTHENING THE PROSECUTION PROCESSThe CPS achieved a first during the year bycompleting its first ever in-house prosecution of amurder trial. The case was dealt with by CPSHertfordshire senior crown prosecutor and HCA,Ann Evans, who was lead counsel, with HCA SallyMealing-Mcleod acting as junior counsel.The complicated case involved the tragic killing of17-year-old David Paine, when he got involved ina fight with his friend, Christopher Ball, at a party.The jury was told that the dispute, whichhappened at Ball's family home in Stevenage,occurred because David did not like the way Balltreated his girlfriend.Because of the sad circumstances surrounding thiscrime, the prosecution team recognised the needfor high standards of support for witnesses andfor the victim's family. Each day throughout thetrial, Ann or Sally met the victim's family toexplain what was happening.When explaining the advantages of having an inhouseprosecution team, Ann said: “Being indirect email communication with the policeofficers in the case made changes or requests runvery efficiently. Having junior counsel at the nextdesk to me really contributed to me feeling incontrol, and I was able to make sure things werein proper order before going to court.”At St Albans <strong>Crown</strong> Court, Ball was convicted ofmurder and sentenced to life imprisonment with aminimum term of 10 years' imprisonment.Operation Phoenix was the biggest drugsoperation ever mounted by Hampshire police.Executed in October 2005, undercover officersinfiltrated key supply networks, posing as buyersto identify those behind the supply of class Adrugs in the city. Over 12 months they were ableto identify key players and supply routes and, as aresult, target key individuals in the raids tomaximise the disruption to the supply chain.Dawn raids saw 50 addresses targeted inSouthampton, Birmingham and London, with 69defendants apprehended.HCA James Kellam, who was lead prosecutor forthe operation, appeared at almost every hearingagainst every defendant, including the only trialthat followed the operation (as junior counsel).At that trial, three defendants were convictedand one acquitted. Of the other defendants,63 pleaded guilty and two had charges droppeddue to public interest considerations.Key to the convictions was the involvement of theCPS at the very beginning of the operation, whenpotential pitfalls were identified and dealt withbefore any arrests were made. In his remarks incourt, Judge Christopher Leigh QC commented:“There were no challenges to the legality of theoperation, and the evidence was gathered in sucha way that there really was no alternative forthose caught but to plead guilty.” He added thathe would also like to commend everyone involvedin bringing these offenders to justice. “The carefulplanning and professional way in which it wascarried out is proved by the fact that nearly everydefendant pleaded guilty.”HCAs Sally Mealing-Mcleod and Ann Evans


16CPS London DCW Varinder Hayre has beencommended for her work on a case that led tomore than 12,000 motorists facing fines forexceeding the 20mph speed limit on Tower Bridge.The original fines were challenged by six taxidrivers, who were backed by the Licensed TaxiDrivers Association. This led to all summonses forspeeding on the bridge being postponed until thecase was resolved.Varinder Hayre, CPS LondonHaving lost the appeal at Marylebone Magistrates'Court, the drivers appealed to the High Court.Varinder, from the City of London Team, dealt withthe test case involving the legality of the signs,working with Borough <strong>Crown</strong> Prosecutor LornaBurns and counsel. In February 2007 the HighCourt dismissed the appeal.In a letter, Chief Inspector Stephen Smith thankedVarinder on behalf of City of London PoliceCommissioner Mike Bowron and, following theruling, said: “The comments of the judiciary andsuccessful result clearly demonstrate theprofessionalism of all parties involved in theprosecution case.”Strengthening <strong>Prosecution</strong> of Serious,Sensitive and Complex CrimeThe three CPS Central Casework Divisions -Organised Crime, Counter Terrorism and SpecialCrime - have continued to drive up theorganisation's capacity and capability to deal withthe most serious and complex crime. A further fiveSenior <strong>Crown</strong> Advocates and 16 lawyers havebeen recruited to these Divisions. Cross-CJStraining has been carried out and improved liaisonwith the Attorney General's Office (AGO), Areas,Serious Organised Crime Agency (SOCA), and CJSpartners has strengthened working relationshipsand the criminal justice response to these types ofcrime. The SOCA infrastructure project madeprovision for Central Casework, in London,Birmingham and York, to have access to theconfidential xGSI network and also to providethem with a confidential version of the CMSapplication, totally separate from the CMSaccessed by other CPS users. xGSI and xCMS wentlive as planned on 20 October 2006.On 11 June 2005, Hayley Richards, who was threemonths pregnant, was found dead in her home inTrowbridge with her throat cut. Her boyfriend,Hugo Quintas, quickly became the main suspect,but he had fled to Portugal. On 13 June,prosecutor Rob Welling, CPS Thames Valley, beganadvising the police on a number of sensitive issues,including providing clear instructions to negotiatorswho were speaking with Quintas to encouragehim to return to the UK. Working with Alison Rileyof Special Crime Division, Rob prepared aEuropean Arrest Warrant, which was issued whenit became clear that Quintas would not return tothe UK voluntarily. Rob continued this work,writing several Letters of Request to Portugal andSpain, where Quintas had moved to. Rob alsoadvised the police on issuing a photograph ofQuintas, and information to be released to thepress to ensure the evidence of witnesses was notprejudiced. On 21 June, Quintas was arrested inSpain and returned to the UK eight days later.On 29 March 2006, following a two-week trial atBristol <strong>Crown</strong> Court, Quintas was convicted ofmurder and sentenced to life imprisonment.Rob Welling was commended by the police for hisadvice at all stages of the investigation.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


17STRENGTHENING THE PROSECUTION PROCESSIn October 2006, Dhiren Barot admitted conspiracyto murder following a plan to detonate a dirtybomb and launch an attack on London's Tube.The charge of conspiracy to murder covered afour-year period and included a wide range ofcriminal activity, involving plans for attacks in theUK and attacks on buildings in the USA, includingthe International Monetary Fund and World Bankbuildings, Washington; the New York StockExchange and Citigroup buildings, New York; andthe Prudential Building, Newark, New Jersey.<strong>Crown</strong> Prosecutor Patrick Stevens and caseworkersJacqueline Lawrence and Gus Abrol worked closelywith police to analyse the vast quantity of materialinvolved in the case. Patrick said: “Barot's plea ofguilty is a result of the tireless dedication of thepolice Counter Terrorist Command, the CPSCounter Terrorism Division, and counsel. For morethan two years we have worked exhaustively inco-operation with the security and intelligenceagencies, and international colleagues, to presenta case that ultimately proved unanswerable.I would like to give thanks to all involved for thateffort.” On 7 November 2006 at Woolwich <strong>Crown</strong>Court, Barot was sentenced to life imprisonmentwith a recommendation of 40 years.Area RestructuringFollowing the refocusing of the Home Office'splans for police reform, the CPS continuedconsultation within the <strong>Service</strong>, as well as withMinisters and external stakeholders, to decide thebest way in which the <strong>Service</strong> should bestructured to meet the challenges of the future,particularly improving resilience to deal with themost serious casework. This resulted in agreementto retain the current 42 Area structure and create14 Area groups to oversee some common areasof work. The Groups will have a specific remit todeliver measurable improvements across a rangeof functions. Each Area Group will contain aComplex Casework Unit, handling the complexcasework for the Areas, improving the CPSresponse to this type of crime. Each Group willalso have a Group Secretariat that will deliveressential support and administrative services tothe Areas within the Group. It is intended toimplement this structure during 2007-08.International CrimeThe CPS has continued to improve its work in theinternational arena. The <strong>Service</strong> has maintained itswork with Eurojust to agree individual casestrategies and wider thematic approaches tocrimes and criminality that cross two or more EUjurisdictions and/or involve third Party (non-EU)States. The CPS has used the European JudicialNetwork (EJN) to encourage early, direct liaisonbetween prosecutors to advance individual caseissues and provide quick advice as to an individualState's practice and procedure. The CPS has alsoestablished better links with internationallegislative bodies to influence the direction ofemerging decisions and directives.A CPS London <strong>Crown</strong> Advocate spent 10 days of hisfree time in Pakistan training lawyers to representchildren detained in the country's police stations.Patrick Stevens, Counter Terrorism DivisionTravers Sinanan was among four trainers who ranworkshops in Lahore and Karachi earlier this year(January and February). Under the project, fundedby the EU Initiative for Democracy and HumanRights and supported by the British Pakistan LawCouncil, Travers and his colleagues trained 70Pakistani lawyers.


18One of the aims was to encourage them toundertake pro bono work attending police stationsto represent people in custody, especially children.Said Travers: “Children make up 49% ofPakistan's population and the country's legislationspecifically caters for and preserves the rights ofchildren. This is not, however, always adhered toby either police or the courts. I have a vividmemory of the harsh conditions faced by people -some as young as 10 - in custody.”CPS London's Travers Sinanan, right, with fellow trainerShiraz Aziz, barrister at Mitre House ChambersEuropean Liaison Magistrates are managed by theOrganised Crime Division and are based at theMinistries of Justice in Rome, Paris and Madrid.Nick Vamos took up his post as a LiaisonProsecutor (which is a similar role to that of aLiaison Magistrate) in March 2007. He will act asa link between the UK and the USA, resolvingdifficulties in the area of mutual legal assistancecaused by the differing legal systems, andbuilding relationships with US colleagues in orderto enhance our ability to investigate andprosecute trans-national and cross-border crime.Terry Palfrey, the Liaison Magistrate's linemanager, said: "The Liaison Magistrates do notjust represent the CPS, but work on behalf ofother UK prosecuting authorities including theSerious Fraud Office (SFO), Revenue and Customs<strong>Prosecution</strong>s Office (RCPO) and the <strong>Crown</strong> Officein Scotland, especially in relation to mutual legalassistance requests, European Arrest Warrants andextradition cases involving the USA."Nick Vamos, Liaison Prosecutor, Washington DCIn 2004, during a visit by the Attorney General toSerbia, the Serbian need for assistance in training todeal with cyber crime was highlighted. As a result,the CPS, in partnership with SOCA e-Crime 8 ,delivered two cyber crime training courses in Serbiaand a senior Serbian prosecutor has attended a CPShigh-tech training course in the United Kingdom.Following this initiative, Serbian investigators arenow seeking to comply with the Association ofChief Police Officers' (ACPO) guidance on thegathering of computer evidence, and are setting upa police high-tech crime unit similar to the UK'sformer National Hi-Tech Crime Unit.In January 2007, the CPS hosted a highlysuccessful four-day study visit to the UK by eightSerbian cyber crime experts. The Serbiandelegation included senior Judges, the Assistantto the Minister of Justice, senior police officersand prosecutors. The study visit enabled theSerbians to gain first-hand experience of howcyber crime cases are investigated and prosecutedin the UK.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 078Formerly the National Hi-Tech Crime Unit.


19STRENGTHENING THE PROSECUTION PROCESSCJSSSCriminal Justice: Simple, Speedy, Summary (CJSSS)as its name implies is a cross-CJS programme thataims to simplify and speed up the administrationof justice for a high volume of magistrates' courtscases. CJSSS examines processes to ensure theyare efficient, effective and proportionate. The CPShas contributed fully to this work, also reviewingits own internal processes and structures to lookfor further improvements.In 2006, CJSSS tested new streamlined processesin magistrates' courts in London, West Midlandsand Cumbria. The aims were a reduction inhearings from five or six in a typical case to onefor guilty pleas and two for trials, and for themajority of cases to be dealt with from charge todisposal within six weeks. The three objectivesflowing from these aims were:Conditional Cautions can work well alongsidecommunity and neighbourhood policing schemesand help to increase community and victimconfidence in achieving a just and appropriateoutcome quickly.Following rollout to the seven earlyimplementation Areas, Conditional Cautioning isnow being introduced in at least one police BasicCommand Unit (which tend to be aligned withCPS units) across all other Areas by June 2007,with full coverage by March 2008. Rollout is tobe implemented using a phased approach. As at31 March 2007, approximately 2,091 ConditionalCautions had been issued nationally.• To achieve effective first hearings so that, wheredefendants plead guilty, they are dealt with onthe same day;• Where defendants plead not guilty, the casewill proceed to trial at the next hearing; and• Improvements in case progression to eliminateunnecessary hearings and ensure cases proceedon the date ordered.Following positive results at the pilot sites, themagistrates' courts streamlining activity will be rolledout nationally during the remainder of 2007 in aprogramme led by the OCJR. Further reforms to the<strong>Crown</strong> Court process are also being developed.Conditional CautioningConditional Cautions were established by theCriminal Justice Act 2003. In appropriate cases,they can be used as a means to divert from courtthose whose offending is serious enough towarrant prosecution, but who are prepared toadmit their offence and agree to undertakerehabilitative or reparative activities as a conditionof being cautioned. The decision whether or notto offer a Conditional Caution can only be takenby a prosecutor.


20Pre-trial InterviewsIn January 2006, four CPS Areas - Cumbria,Lancashire, Greater Manchester and Merseyside -began piloting arrangements whereby prosecutorsmay, in appropriate cases, conduct a witnessinterview pre-trial (or pre-charge) in order to clarifyor assess the reliability of a witness's evidence.An interview may also be held to assist theprosecutor in understanding complex evidence.At the end of the pilots on 19 January 2007,52 pre-trial witness interviews had been held.The pilots have been externally evaluated and adecision will be taken on further rollout when thereport findings have been considered.Historically, prosecutors have not been allowed tointerview witnesses about their evidence beforetrial. This meant that prosecutors had to maketheir decisions on the strength of a witness'swritten statement and a police officer'sassessment of how the witness would comeacross in court. Lancashire CCP, Robert Marshall,who oversaw the pre-trial interview pilot, said:“The pilot allowed prosecutors to meet witnessesand assess their evidence at first hand. Thisproved immensely helpful to both prosecutors andwitnesses, particularly in difficult cases such asrape. The specially-trained prosecutors whoconducted the interviews were understandablynervous about this new and sensitive area ofwork, but their confidence and enthusiasm grewdramatically as the pilot progressed. Although theofficial pilot has ended, prosecutors arecontinuing to interview witnesses in serious orsensitive cases."Robert Marshall, CCP CPS LancashireTHE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


21CHAMPIONING JUSTICE AND THE RIGHTS OF VICTIMSVictims' Code and Prosecutors' PledgeThe Code of Practice for Victims of Crime (TheVictims' Code) came into full effect from April2006 and sets out the standard of service thatvictims can expect from the CJS. Operationalguidance to support effective delivery of all CPSand Witness Care Unit (WCU) commitments wasissued to CPS Areas in preparation forimplementation of the Code.The Prosecutors' Pledge, launched in October2005, sets out the level of service that victims canexpect from prosecutors. The 10 commitments areincluded in the CPS Public Policy Statement on theDelivery of <strong>Service</strong>s to Victims.The CPS has established a central unit which willmonitor compliance with all commitments tovictims and witnesses and will work with all CPSAreas to achieve optimum levels of performancein relation to victim and witness care.No Witness No JusticeNational implementation of NWNJ during 2005saw the creation of 165 WCUs across Englandand Wales, providing an enhanced level of serviceto victims and witnesses in cases where a chargehas been brought. Work has continued during2006-07 to develop the service provided by theunits. Final post-implementation review visits to allAreas were completed at the end of September2006. Each LCJB has been provided with a reportof findings and an action plan to assist inimproving the delivery of local victim and witnesscare to meet NWNJ minimum requirements.WCUs, jointly staffed by police and CPS, haveseen witness attendance rates increase from 77%to 84%. The number of trials that did not goahead as planned because a witness failed toattend has fallen by 13.6% in magistrates' courtsand 56.8% in the <strong>Crown</strong> Court. Witnesssatisfaction has been monitored during 2006 viathe Witness and Victim Experience Surveyconducted by the OCJR. Results will be analysedduring 2007 to assess the impact of NWNJ.The Witness Management IT System (WMS), whichis used to support WCUs, has been rolled out in39 Areas. Usage of the system is increasing, andfollowing recommendations made during thepost-implementation review process, a furtherincrease in the cases managed via WMS isexpected. During 2006-07 the system has beenadvanced to meet the Victims' Code, Disability andDiscrimination Act and includes enhanced featuresto improve the system for witness care officers.When witness care officer Gareth Evans(Merthyr WCU) was informed by a victim that thethought of going to court had caused him tomake an attempt on his own life, he madearrangements for the victim to complete awithdrawal statement. However, he also explainedto the victim the level of service that could beprovided when he attended court, and urged himto take some time to reconsider.The victim contacted Gareth to say that aftertalking it through with his girlfriend, he haddecided that he wanted to provide evidence.Gareth arranged for the victim to be met atcourt and to wait in a separate area to thedefendant. The first time the victim arrived atcourt the case was adjourned. However, moreconfident, and feeling supported by the witnesscare process, the victim attended court a secondtime and gave his evidence.The jury returned a guilty verdict, and the victimwas awarded compensation.Witness care officer Andy Heath (Merseyside WCU)was the single point of contact for the victim ofhistorical child abuse. The victim had been subjectto the abuse as a 10-year old on her paper round.Andy organised for her to travel from CountyCork and arranged accommodation during thetrial. With the support of her witness care officer,the victim provided a detailed victim personalstatement that was read out to the court.The defendant was found guilty and sentencedto a custodial sentence of nearly five years.


22The victim has since made a gesture of heartfeltthanks and appreciation to the Unit, and inparticular Andy. Her letter speaks of her struggleand determination to now “get to a betterplace”. She thanked Andy for “never being morethan a phone call away and it meant a lot”.Victims' AdvocatesVictim Advocate pilots began in five <strong>Crown</strong> Courtcentres (Old Bailey, Winchester, Cardiff,Manchester and Birmingham) on 24 April 2006.The scheme gives the family of the victim(currently for cases of murder and manslaughter),the opportunity of making a Family ImpactStatement (FIS) at the sentencing hearing. The FISinforms the court of the effect the crime has hadon the family of the victim.In the pilot areas, the CPS introduced an‘enhanced service’, that sees the CPS reviewinglawyer meeting the family, shortly after they havedecided to charge, to explain the decision, answerany questions on the court process and outlinethe purpose of the FIS. The pilot ended in April2007 and an evaluation report will be publishedin September.Children and Young PeopleOn 27 June 2006, the CPS published 'Childrenand Young People', the public policy statementon prosecuting criminal cases involving childrenand young people as victims and witnesses.It underlines the CPS commitment in theProsecutors' Pledge that witnesses are wellsupported and are able to give their evidence incourt with as little stress and anxiety as possible.The CPS is working to ensure implementation ofthe policy statement by:• Publishing supporting legal guidance forprosecutors;• Working with Mencap to produce an Easy Readversion of the policy statement for children andyoung people;• Involving children and young people in theprocess to prepare other versions of the policystatement for use by different age groups;• Establishing an External Reference Group toconsult on children/young people-friendlypolicies and practices; and• Incorporating the principles of SafeguardingChildren into existing CPS training programmes.In 2005, CPS Derbyshire became part of a Carers'Project, which was set up by the NSPCC afterparents and carers of sexually abused childrenhighlighted a lack of information available and saidthey had problems knowing who to turn to forhelp. The group consists of NSPCC staff,representatives from local agencies including RapeCrisis, Victim Support and CJS agencies. The grouphas produced information packs for parents andcarers including information on the CJS, what avictim's carer can expect at each stage of theprosecution process, and a leaflet titled 'How tocope when your child is sexually abused'.Alison Doyle-Stevenson, CPS Project Manager,suggested producing a DVD as a visual aid tosupport and promote the project. The DVD is amoving and honest account by two mothersdetailing their responses to finding out their childhad been sexually abused, the impact this has hadon their lives and their experiences with the police,social services and the prosecution process.Sue Allanson, NSPCC Play Therapist who workedwith the project said, “Parents have felt listened toby the CPS in particular, and gained a feeling thatthe CPS wants to improve the service that victims ofcrime receive in the future. Personally I appreciatedAlison Doyle-Stevenson's drive and enthusiasm,particularly her initiative to produce a DVD.”Alison Doyle-Stevenson, CPS DerbyshireTHE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


23CHAMPIONING JUSTICE AND THE RIGHTS OF VICTIMSProsecutors' Role in SentencingIn October 2005, the Attorney General introducedimportant new Guidelines 'The Acceptance ofPleas and the Prosecutors' Role in the SentencingExercise'. The CPS is working closely with the Barand other prosecuting authorities to ensure thatthe Guidelines are followed and in January thisyear a joint letter from the DPP, the Directors ofSFO and RCPO and the Chair of the Criminal BarAssociation, was sent to all prosecutors remindingthem of the importance of the Guidelines.The CPS has also embarked on a project to developa sentencing manual to assist prosecutors dischargetheir duties and uphold their responsibilities to thecourt at the sentencing hearing. The manual,which is expected to be available later this year,will act as a signpost to current case law andsentencing guidelines. It will assist prosecutorsappearing before all courts in preparing to play anactive part in the sentencing hearing.CPS works closely with colleagues in governmentand the wider CJS to inform the development ofsentencing policy.


INSPIRING THE CONFIDENCE OF THE COMMUNITIES WE SERVE24Community EngagementDuring 2006-07, the high level commitmentscontained in the 2005 CPS CommunityEngagement Strategy were translated intopractical outcomes. Three communityengagement pilots launched in 2005 in Durham,Thames Valley and West Yorkshire wereconcluded in July 2006. An independentevaluation of the pilots found improvement inArea multi-agency communication andcollaboration, realisation of the benefits to bederived from engagement and understanding ofthe tools and techniques of engagement.Learning and practical examples were broughttogether in the first CPS CommunityEngagement Good Practice Guide. Alongsidethis, the CPS also published the CommunityEngagement Handbook, which provides detailedinformation on the various methods ofcommunity engagement, when to use them andhow to evaluate their effectiveness. A nationalconference in November 2006 attracted morethan 150 participants ranging from CCPs,business and communications managers, HQstaff, and representatives from CJS partners.Plans are being developed to provide closersupport for Areas and regions throughout 2007.Engagement with Muslim communities continuedthroughout 2006, with the last of eight meetingstaking place in November 2006. Issues discussedthroughout the series included racially andreligiously aggravated crime, counter terrorism,and incitement to racial hatred. An evaluation ofthis activity will follow. There are plans to holdfurther meetings in 2007-08 including sometargeted at Muslim women.CPS North Yorkshire Communications OfficerVanessa Bassnett received numerous invitations fromschools to help with the criminal justice element ofthe Citizenship programme. Vanessa could notattend all of the events, but wanted to assist in thedelivery of this programme. In conjunction with theLCJB, Vanessa developed teacher training events toprovide an overview of the CJS and a toolkit forthem to use in the classroom. Vanessa worked withthe North Yorkshire Business Education Partnershipto liaise with schools about the project andundertook significant research, working withpartners in the CJS and across the county to provideaccurate materials to use at the workshops.Vanessa attended three events, consisting ofpresentations from CJS representatives, a questionand answer session and practical exercises that putdelegates in the place of CJS agencies to help themunderstand the difficult decisions that have to bemade on a case-by-case basis. At the end of theworkshop each delegate received an informationpack consisting of fact sheets, exercises that couldbe used in the classroom, and contact details.A delegate from a workshop said the event “filled ina depth of knowledge for the delivery of the crimeand punishment section of the PHSE course. I willhave more relevant and up-to-date tasks andanswers to the pupils' questions“. Anotherattendee stated that “the comprehensive picturewas invaluable”.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07Vanessa Bassnett, CPS North Yorkshire


25INSPIRING THE CONFIDENCE OF THE COMMUNITIES WE SERVEThe CPS's award winning video, ‘Just Deserts’,continues to be used in schools to tell youngstersabout the work of the CPS. The video has beenendorsed by Edexcel as part of the Citizenshipmodule of the National Curriculum.Mohammed Parvaiz, a 42-year-old Huddersfieldtaxi driver, was murdered on the night of Saturday,22 July 2006. His death was the result of hishaving unwittingly become caught up in anincident on 11 June, when he took a fare involvinga number of Asian youths who had been involvedin a confrontation with a group of white youths.Richard Firth, CPS West Yorkshire Complex CaseUnit, appointed lawyer Richard Hebbert andCaseworker Clodagh Cockcroft to the case.By 28 July, six defendants had been charged withmurder and violent disorder. The incidentimmediately had a high profile. In Huddersfieldthere were demonstrations by the town's taxidrivers at what they saw as a lack of protectionagainst a rising number of racist incidentsinvolving drivers at work. The team understoodthe need to keep the family and communityinformed of progress. At the Plea and CaseManagement Hearing, prosecuting lawyer RichardHebbert met both members of the family and asignificant number of community members.He also held a meeting with the Acting ChiefExecutive of the Kirklees Race Equality Council,Jamil Akhtar, to keep him informed of progressand assure him that those involved in the casewere aware of the sensitive issues and thetensions which the case raised. Prior to the trial,prosecuting counsel met Mr Parvaiz's widow andregular updates were provided throughout thecourt case.At Bradford <strong>Crown</strong> Court all defendants werefound guilty of violent disorder, with four beingconvicted of murder. On 20 February 2007, the sixdefendants were sentenced to terms ranging from10 months' (for those not convicted of murder) to25 years' imprisonment.CPS Lincolnshire child abuse and rape specialistlawyer Deborah Cartwright was a finalist at the2006 Justice Awards in the individual OutstandingContribution to Engaging Communities section.Deborah was highly commended for her work indealing with particularly sensitive domesticviolence, rape and child abuse cases. The citationalso recognised her work coaching and tutoringgroups of girls from a local secondary school toenter the Citizenship Foundation Trials competition,which enables young people to learn about the CJSand not only think about possible careers, but seethemselves as stakeholders within it. Deborah isnow expanding her remit. Working with CJScolleagues, she has set up an InternationalWomen's Friendship group with meetings duringthe day and in the evening to reach as manywomen as possible. She said: “The group will bepredominantly for women from the significantmigrant worker community who find it difficult tobuild relationships with women from the localcommunity. They also find it difficult to understandand access services and there is a need for mythsand suspicions surrounding the CJS to be dispelledand for bridges to be built.” Deborah is alsoworking on a project with Lincolnshire Policeto produce two DVDs for schools on the issuesaround migrant workers and new arrivals. Deborahsaid that the project is “aimed at encouragingunderstanding and dialogue”.Tackling Anti-Social BehaviourDuring 2006-07, the CPS and the Home Office ASBUnit jointly funded 14 specialist ASB prosecutors.These prosecutors were supplemented by a networkof ASB co-ordinators in order to provide nationwideprosecution coverage in respect of this work.The ASB prosecutors ran a number of trainingsessions that improved the skills and knowledgeof prosecutors in respect of making applicationsfor ASB orders at the time of conviction. The ASBUnit also ran regional workshops for the ASBco-ordinators to discuss issues related to this workand to share good practice between Areas.The CPS also worked closely with the police andHM Courts <strong>Service</strong> (HMCS) Courts InnovationBranch and others to improve CPS performanceand share best practice.


26To further develop their role and enhance their localknowledge, ASB prosecutors have spent timeengaging with their local communities in order toboth raise awareness of how the CPS is contributingto the multi-agency approach to ASB, and to listento local issues of concern to help identify the typesof Anti-Social Behaviour Order (ASBO) that will bethe most effective in a particular area.Operation Dacron was a multi-agency approachto reduce crime and ASB in North EastLincolnshire. Jeremy Evans, CPS Humberside,worked with Humberside Police and agenciesincluding Safer Communities, Shoreline HousingAssociation and Whitgift School to provide along-term solution to the disproportionately highlevel of ASB and low level criminality beingcommitted by young people on the Willowsestate. The team shared information to build adetailed picture of the behaviour of 15 youths.Jeremy reviewed each file of evidence against theindividual youths and, with agency colleagues,met the youths and their parents along with thevictims in the estate. The group looked atalternative ways to combat the problem that didnot involve prosecution and created AcceptableBehaviour Contracts. Each youth received anindividually-tailored package of continuedintervention and support from the team. As aresult of this work, all crime on the estate hasreduced, with ASB related calls reducing by 70%.POCADuring 2006-07, the CPS secured 3,373confiscation orders to a value of more than £85million. During the same period, the CPS alsoobtained 655 restraint orders.In addition, CPS lawyers in the Regional AssetRecovery Teams have made an importantcontribution to asset recovery by advising thepolice in high value confiscation and moneylaundering investigations. They have also playedan important role in co-ordinating local POCA2002 training and disseminating best practice.CPS Areas have nominated enforcementchampions to take action in respect ofconfiscation orders made under the POCA2002. The enforcement champions attendedtraining workshops organised by the Proceedsof Crime Delivery Unit in October andNovember 2006. In March 2007, the first everHCA POCA training workshop took place. Itsought to train HCAs from the CPS and alsoRCPO and SFO on POCA and the conduct ofconfiscation proceedings. It is intended that thedelegates then disseminate training in theirown CPS Areas or agencies.Helena Chirodian was jailed for 30 months forstealing from a GPs' surgery where she worked asthe practice manager. The 62-year-old paid herselftwo salaries of £58,000 for five years. Sheadmitted 22 offences of obtaining money transferby deception and eight of false accounting. At acontested confiscation hearing after conviction atSouthwark <strong>Crown</strong> Court, David Levy, AssistantDirector of the Fraud <strong>Prosecution</strong> <strong>Service</strong> and anHCA, won an order for £330,000, which included£245,000 compensation.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07David Levy, Fraud <strong>Prosecution</strong> <strong>Service</strong>


27INSPIRING THE CONFIDENCE OF THE COMMUNITIES WE SERVEHate CrimesIn 2006-07, the CPS reviewed its performance inthe prosecution of hate crimes, including racistand religious crimes, domestic violence (DV) andhomophobic crime. There was an 18% increase inrecorded hate crime cases compared with 2005-06, with DV accounting for 82% of these cases.Convictions increased from 61.4% of hate crimeoutcomes in 2005 to 67.2% in 2006-07, whileconvictions for DV increased from 59% to 65.2%.In 2006-07 the CPS established a Hate CrimesMonitoring Project to improve the electronicrecording of hate crime and enable the CPS topublicly report hate crime data in a single annualreport. The first report is due to be published inautumn 2008.On 15 October 2005 Jody Dobrowski wasattacked and murdered on Clapham Common byThomas Pickford and Scott Walker.On 16 June 2006 both Pickford and Walker weresentenced to life imprisonment with a minimumtariff of 28 years for the murder. They hadpleaded guilty at an earlier hearing. It is believedthat this is the first instance where a judge hasbeen able to use motivation on the basis of sexualorientation as an aggravating factor whensentencing for murder.Jaswant Narwal, District <strong>Crown</strong> Prosecutor at theOld Bailey Trials Unit, said: “This was a trulyshocking crime. Jody was beaten to death for noother reason than being gay. Pickford and Walkerhave taken the life of a young man who, we weretold, was gentle and enthusiastic about life, lovedby friends and family.“Pickford and Walker were determined to attack agay man. There was no doubt that this was ahomophobic killing and we treated it as such fromthe outset. If the defendants had not pleaded guilty,we had ample evidence to show this motive.”Nazir Afzal, CPS LondonA character in a ground-breaking DVD aimed atschoolchildren is based on CPS London WestSector Director Nazir Afzal. Nazir was asked tohelp develop the storyline for the DVD, whichtackles topics such as extremism and faith,bullying and youth crime. Copies of the DVD,which contains live action and animation, will goout to every secondary school, with advice toteachers on facilitating pupil discussion about theissues it raises.Domestic ViolenceThe CPS continues to contribute to thegovernment's strategy to tackle DV. Good PracticeGuidance from the CPS DV Project (2003-05) wasused to develop Area Business Plans in 2006-07.These plans included training for all prosecutorsand caseworkers, development of specialistdomestic violence courts (SDVCs) and performancemanagement of cases. In 2006, Areas increasedtheir work with DV community organisations, with95% of DV co-ordinators attending local DV fora,compared with 80% in 2005. By March 2007,2,600 staff had been trained, exceeding the targetof 2,500, with plans underway to train all relevantstaff by March 2008.The CPS DV Team established a national SDVCprogramme with the Home Office and DCA acrossEngland and Wales. Some SDVCs reached 81%successful outcomes by December 2006.A further 39 SDVCs were implemented by April2007 bringing the national total of SDVCs to 64.This programme was commended in November2006 in the 'Whitehall and Westminster World'awards in the final three selected for 'Joined Up'working across government.


28Work to tackle violence against women, in anintegrated way, within CPS, including rape, forcedmarriage, honour-based violence, prostitution,and human trafficking is being developed.In November 2006 CPS was selected as top acrossall government for this integrated work by theWomen's National Commission and AmnestyInternational UK in a report by the End ViolenceAgainst Women Campaign.The DPP, Ken Macdonald QC, said: “The CPSwas praised for giving a coherent account of itsstrategic approach to violence against women interms of planning, targets, training, budgets andevaluation. We take violence against women veryseriously, whether it is domestic violence, forcedmarriage or so-called 'honour' crime, rape andsexual assault or the trafficking of women. Theseare all crimes where we will prosecute robustly ifthe evidence is there.”Baroness Prosser, Chair of the Women's NationalCommission, said: "As Chair of the WNC I amdelighted that the CPS is taking violence againstwomen so seriously and its scores in this year'sreport are a success to be proud of. They are givinga lead in government on getting the structures right,so that the right services can be delivered forwomen. We look forward in next year's report toseeing this rolled out with increasing effectivenessand making a real impact onthe ground."Sarah suffered seven years of domestic violence,often exacerbated by her partner's drinking. Shewas often badly beaten, would call the police butthen withdraw her support from any furtherinvestigation/prosecution.An SDVC was set up in her local Area and whenthe next incident occurred, her partner wascharged with common assault. Sarah receivedsupport from the police specialist DV Unit andIndependent DV Advisors. She had regular contactwith the local CPS who successfully applied forspecial measures to allow screens to be erected inthe court. The process was still traumatic, but thistime Sarah was able to give evidence and he wasconvicted.Her husband appealed the conviction. On the dayof the appeal, Sarah attended the <strong>Crown</strong> Courtand the defendant promptly withdrew his appeal.She would not have had the confidence toattend without the support she had received.The conviction was upheld and he was orderedto pay compensation.Improving Public Awareness and Confidencein the CPSThe CPS aims to become more open with the publicand give them more information about the decisionsit takes, both directly and through local and nationalmedia. During 2005, the CPS introduced a protocolthat set out clearly the process for releasingprosecution information to the media. In addition,the CPS now supports reporting restrictions on casesonly in exceptional circumstances.This new approach has led to a higher publicprofile for the organisation and a leading role inannouncing charging decisions on major cases.During the year, prosecutors announced theirdecisions in the case of Jean Charles de Menezes,the alleged airline bomb plot and the murders offive women in Suffolk.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07Ghazia Ali, Funmi Johnson, and in front, Jude Watson


29INSPIRING THE CONFIDENCE OF THE COMMUNITIES WE SERVEPublic ConsultationThe CPS has continued to seek public opinion onnew and revised policies. In 2006-07 the CPSundertook public consultation on policies includingSexually Transmitted Infections which causegrievous bodily harm; Prosecuting Bad Driving;Road Traffic Offences; CPS Single Equality Scheme;and Disability Hate crimes. Feedback received hasensured that public concerns and social issuesform part of the policy-making process.In February 2007, the CPS launched its publicpolicy statement for tackling hate crime againstdisabled people and set out how it can supportdisabled victims and witnesses.The policy statement focuses primarily on how theCPS will deal with disability hate crime, as definedby section 146 of the Criminal Justice Act 2003.The development of the policy was overseen by aDisability Hate Crime Steering Group led by KentCCP Elizabeth Howe, and included representativesfrom various disability organisations and involvedconsultation with disabled people.Shehla Husain, Equality and Diversity PolicyAdvisor and project lead said: “The consultationwas vital. We were able to draw upon theexpertise of the various disability groups, ensureour policy took account of the range of disabilitiesand also provided a valuable reality check.”From the top left: Séamus Taylor, CPS Equality & Diversity Director, Ken Macdonald, DPP,Joanna Perry, Victim Support, Mark Brookes, Values in Action and, in front, Sir Bert Massie,Disability Rights Commission.


DRIVING CHANGE AND DELIVERY IN THECRIMINAL JUSTICE SYSTEM30Joined-up ITCriminal Justice Information Technology (CJIT)created the CJS Exchange facility, which enablesimmediate electronic information sharing betweenthe CPS and partner agencies. By using theinterface, the burden of inputting the same datainto both police and CPS systems has beensubstantially reduced. Following the successful pilotbetween the CPS CMS and police IT system NSPISin Humberside, the Exchange is now live in Avonand Somerset, North Wales, Essex, North Yorkshireand parts of West Yorkshire.Prolific and Priority OffendersThe CPS has continued to contribute at a nationaland local level during 2006-07 to deliver theProlific and Priority Offender (PPO) Programmethroughout England and Wales. The CPS hasworked closely with colleagues in the CJS to bringto justice those PPOs who are causing the mostharm to their communities. The CPS has focusedon the 'Catch and Convict' strand of the strategyand continues to provide a premium service interms of the preparation and presentation ofcases involving such offenders.Drug Interventions ProgrammeThe Drug Interventions Programme (DIP) involvesthe CPS, other criminal justice agencies and theNational Treatment Agency (working with drugtreatment service providers) to offer certain drugmisusingoffenders a way out of crime and intotreatment. The CPS has an important role incommunicating drug test results to the court atbail and sentence hearings. Since March 2006,'Testing on Arrest' and 'Restriction on Bail'provisions have come into force to encourageearlier and better levels of drug intervention.The 'Required Assessment' provisions of theDrugs Act 2005 are also being implemented.Required assessment creates an opportunity forthose testing positive for specified Class A drugsto receive treatment and other support.Animal Rights ExtremismThe CPS remains committed to tackling animalrights extremism. In 2006 the CPS worked in closeco-operation with the police Domestic Extremismteam on operations and investigations nationally,resulting in a number of successful prosecutionsagainst leading animal rights extremists. The CPShas a co-ordinated network of prosecutors withspecialist expertise in animal rights extremism. Anational CPS conference was held at the end ofMarch 2006, at which the Solicitor Generalstressed the importance of tackling animal rightsextremism.The first ever successful use of conspiracy toblackmail charges against animal rights extremistssaw four people receive substantial sentences inthe Darley Oaks farm case. Their campaignagainst the farm culminated in the desecration ofGladys Hammond's grave.In April 2006, John Ablewhite, John Smith, KerryWhitburn and Josephine Mayo pleaded guilty atNottingham <strong>Crown</strong> Court to conspiracy toblackmail. Ablewhite, Smith and Whitburn werejailed for 12 years each and Mayo was jailed forfour years. The charges encompassed the wholecampaign against Darley Oaks farm inStaffordshire. The campaign centred onharassment and intimidation of the Hall familywho ran the business (David Hall & Partners) aswell as their family and their business partners.There were many serious incidents over a six-yearperiod, including theft of livestock, threats,vandalism, an incendiary device and mostinfamously of all the desecration of the grave ofMrs Gladys Hammond, the mother-in-law ofChristopher Hall.The DPP Ken Macdonald QC, said: "The CPSspecifically chose a charge which would allow thejudge sufficient sentencing powers to reflect theseriousness of these offences and the harm anddistress caused to so many people over so muchtime. This was a vicious and sinister campaign tostop a legitimate business. It deliberately inflictedsustained misery on the families and communitiesinvolved. Blackmail, as a way of promoting animalrights or any other cause, will meet the firmestresponse from us. This case sets a marker. CPSprosecutors are using the law to its fullest extentto ensure that animal rights extremists involved inserious crime are eligible for very long sentencesof imprisonment."THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


31 DRIVING CHANGE AND DELIVERY IN THECRIMINAL JUSTICE SYSTEMSuzanne Taylor, Mark Taylor and Theresa Portwinewere the first people charged under sections 145and 146 of the Serious Organised Crime Act.During the hearing at the Old Bailey, theyadmitted ‘conspiracy to interfere with contractualrelationships with regards to an animal researchorganisation’. Between 30 June and 1 October2005, they embarked on a campaign of terror,targeting companies perceived to be working withan animal research company called HuntingdonLife Sciences (HLS). Offices were vandalised andindividual staff threatened, leaving people fearingfor their lives.The leading lawyer involved with the prosecutionsaid of the case:“In the past each of these individual incidents mayhave been perceived as a breach of the peace.Collectively they represent a substantial campaignof disruption, which had the sole intent of puttingHLS out of business. The commitment of the CPSto pursue this case, and the outcome, has set anational standard that should be followed.”On 6 March 2007, members of the group weresentenced to a total of seven years' imprisonment.Community JusticeThe Salford Community Justice Centre opened inNovember 2005, taking some of the ideas andprinciples from the previously-establishedLiverpool Criminal Justice Centre, and applyingthem in a normal magistrates' court. The CPS hasplayed a key role in both locations. The SalfordCentre looked at ways to improve multi-agencyworking without having all agencies based at thesame site. All agencies attend a pre-court briefingto identify problems, potential cases requiringintervention, likely guilty pleas etc. There is alsomore engagement with defendants both beforeand after sentencing, which has led to an increasein offender compliance.In Salford the CPS has also introduced theconcept of Community Impact Statements,compiled by police and local authorities, whichidentify the key issues in an area. Magistrates canuse this information to inform them of the impacton the community of a type of crime, which willassist in providing appropriate sentences.<strong>Prosecution</strong> Team Performance ManagementThe CPS monitors performance throughout the yearthrough regular internal reviews of Area and HQperformance and external performance assessments.The <strong>Service</strong> is working closely with ACPO andindividual police forces to develop the jointperformance management system that enables thepolice and CPS to monitor and actively manage thequality and volume of cases that are referred forprosecution. <strong>Prosecution</strong> Team PerformanceManagement has been implemented in all 42 Areasand post-implementation reviews had beencompleted in 39 Areas by 31 March 2007.Casework Quality AssuranceCPS managers routinely assess the quality ofcasework being produced by operational lawyersby using a sampling and assessment processcalled Casework Quality Assurance, modelledclosely on HM <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong>Inspectorate's inspection methodology. Eachmonth sample case files are examined and testedagainst a range of standard questions at keystages of the prosecution process. The schemehelps managers to identify casework that fails tomeet a satisfactory standard and where furtherstaff training or development is required.The scheme has been adopted across the CPS withmore than 20,000 files examined each year. Theresults of the monitoring indicate that a good levelof casework quality is being maintained across the<strong>Service</strong>, with over 94.7% of cases showing aproper application of the Code for <strong>Crown</strong>Prosecutors, CPS policy and Charging standards.


BEING RENOWNED FOR FAIRNESS, EXCELLENT CAREER OPPORTUNITIESAND THE COMMITMENT AND SKILLS OF ALL OUR PEOPLE32The >invest< programme has been runningsince October 2005 as a major change initiativeto establish;• What jobs the CPS expects its staff to do;• How those jobs are organised;• How the CPS expects its staff to behave indoing their jobs;• What skills staff need to do their jobs;• How performance and individual developmentis managed; and• How the CPS rewards its staff.During 2007 the on-line tools will become fullyavailable to staff and the new performancemanagement system will become operational.Proactive Prosecutor ProgrammeThe proactive prosecutor programme (PPP) addressesthe critical skills of case analysis and givinginvestigative advice. The training has been developedto support the rollout of the Charging programme.At 31 March 2007, the CPS had delivered 254training courses to approximately 2,270 lawyerstaff. Seventeen Senior Managers’ Workshopswere held between November 2005 and March2007, with 217 members of the seniormanagement teams having gone through theprogramme.Recruiting and Developing our PeopleThe CPS has improved recruitment processesresulting in a reduction in the time taken torecruit staff to seven weeks; the introduction oftalent pooling; telephone shortlisting andtelephone competency interviewing. An on-linerecruitment system has also been introduced totrack applications and enable informationmanagement relating to each individualrecruitment campaign to be easily accessed.In January 2007 the CPS won the Recruitment Ad(RAD) awards for Recruitment Marketing andCommunications.Debbie Birrell, CPS MerseysideDebbie Birrell, an HCA in CPS Merseyside, becameone of the first female CPS part-time immigrationjudges. Preparation for her new role has includedattending sittings at tribunals, studying cases andjudgements in the immigration court and twotraining courses. Debbie said, “I was thrilled andvery proud of myself…this is a truly amazingachievement.”Legal Trainees/Legal ScholarshipsSince the scheme began in 2003, 640 staff havebenefited, or continue to benefit, from theopportunities provided. This achievement wasrecognised in November 2006 when the CPS wonthe 'Personnel Today' award for Excellence inTraining - with the Law Scholarship and Legal TraineeSchemes both forming part of this joint award.In this period there were over 315 law scholars,including 82 legal trainees.In 2006 a national campaign to attract externalapplicants for the Legal Trainee Scheme wasundertaken. Over 2,000 applications werereceived and the CPS appointed 24 high qualitytrainees in October 2006. Internal recruitmentalso continued during the year, as of March 2007there are 35 internally-recruited trainees.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


33 BEING RENOWNED FOR FAIRNESS, EXCELLENT CAREER OPPORTUNITIESAND THE COMMITMENT AND SKILLS OF ALL OUR PEOPLEable to experience and said: “I am well on myway to conducting my own trials at court. It hasbeen a long journey so far, but definitely worththe wait. I think it is testament to the CPS that itvalues its staff and encourages those from allbackgrounds and in all roles to develop andprogress within its ranks.”Mo Dampha, CPS Thames ValleyAfter graduating from Brunel University with alaw degree, Mo Dampha joined the CPS in 2000to gain some legal experience to help him decidewhether he wanted to go on to qualify as alawyer. He joined as an administrative officer andquickly progressed to become a caseworkerdealing with a range of cases. In 2003 hereceived sponsorship from the CPS to completethe Legal Practice Course as part of the LawScholarship Scheme. Mo successfully completedthe course in 2005 and attained a post as a DCWdealing with cases in the magistrates' courts. Moknew he wanted to qualify as a lawyer andsuccessfully applied to become a legal trainee.Mo has enjoyed the variety of work he has beenThe <strong>Prosecution</strong> College, a flagship CPSe-learning initiative, has continued to meet thedemands of the business and has substantiallyincreased its learning portfolio and internalcustomer base to 4,400 users. The learningportfolio offers staff a choice of 25 learningprogrammes consisting of 114 modules, rangingfrom specialised subjects, from Induction throughto Performance Management. It is the efficientdelivery and high quality production of complexlegal and non-legal content that has made the<strong>Prosecution</strong> College an award-winning productand internationally-recognised brand. Winning the2006 HR Excellence Award and achieving HighlyCommended in the National Training Awards,demonstrates the achievement of the <strong>Prosecution</strong>College and the benefits it offers to staff and thebusiness. <strong>Crown</strong> Prosecutor Sandra Hawkins adds,“I am a great fan of e-learning! I found it veryhelpful to be able to complete part of a moduleand then go back to where I left off and continue.I could fit the training round my other workduties. I also liked the instant feedback on mymultiple choice answers.”<strong>Prosecution</strong> College team: Paul Bramley, Sharron Hughes, AndrewCastle (presenter) and Stephanie James


34Management TrainingBetween June 2006 and March 2007, 1,177managers attended workshops on individualperformance management. The workshops weredesigned to equip every junior and middlemanager with the knowledge and skills toundertake effective performance management oftheir staff.Work is continuing on the managementdevelopment strategy for April 2007 onwards, andwill include development options for lawyermanagers as well as coaching for senior managers.Finance training to Professional Skills forGovernment levels has been made available to allstaff within the organisation, and a continuingprogramme of project management training is inplace. e-learning to support all of the aboveinitiatives has been developed in order to makeavailable different methods of learning.CPS London caseworker Allison Kenna earneda new title - Paralegal of the Year - in 2006.She was chosen for the award by the Institute ofParalegals, which described her as a “real creditto the CPS”.Allison, from South East London <strong>Prosecution</strong><strong>Service</strong>, South Sector, beat 23 other nominees,including a colleague from another CPS Area.She was nominated by District <strong>Crown</strong> ProsecutorJudith Reed for her “outstanding contribution tothe care of the victims, witnesses and families ofthose whose lives are affected by crime”.As well as the award, presented last November,Allison received a year's free membership to theInstitute, which represents people in the UK whoare not qualified solicitors or barristers but carryout legal work.She said: “I'm very honoured to be given theaward although, to me, providing care to victimsand witnesses is an essential part of my job.”Allison Kenna, CPS LondonAnna Zimand, Head of the Trials Unit CPSDerbyshire, volunteered to take part in the nationalEthnic Minority Undergraduate Scheme, a mentoringprogramme providing support and experience toblack and Asian students planning managerial andprofessional careers, run by the University of Derby.Anna is mentoring a BA student, Margaret Kungule,who stated that the scheme is helping to build herconfidence. She said: “Women, and especially blackwomen, can face barriers in the workplace, so it'sbeen really good for me to be mentored by awomen in a senior management position.” Annahas been so successful that she has been asked tocontinue with the Scheme and the University hasapproached her to use her experiences as part of abooklet to promote the Scheme.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07Anna Zimand, CPS Derbyshire


35 BEING RENOWNED FOR FAIRNESS, EXCELLENT CAREER OPPORTUNITIESAND THE COMMITMENT AND SKILLS OF ALL OUR PEOPLERepresentative WorkforceThe CPS Annual Equalities in Employment Report2005-06 was published in April 2007. The reportshows a significant increase in the number of seniorwomen and Black and Minority Ethnic employees inthe past year. The number of female CPS employeesat Senior Civil <strong>Service</strong> level has increased from33.3% to 45.2%, with female CCPs increasingfrom 24.5% to 26.5%. In April 2006, Black andMinority Ethnic employees made up 15.2% of allCPS employees, exceeding the Labour Force Survey(December 2005) benchmark by 2.3%.Maximising AttendanceThe CPS remains committed to reducing the level ofsickness absence. For April 2006 - March 2007 theCPS absence rate was 8.7 days per employee, aslight increase from 8.6 from the previous financialyear. The CPS is now engaged on a programme toembed a culture of proactive ‘attendance’management. The introduction of the CarefirstContracts (providing professional counselling servicesto CPS staff and their dependants), were the firststeps and these are being supplemented by animproved occupational health service and HRinterventions. This has resulted in a reduction of ‘verylong-term’ absences during 2006. Work has alsobegun to pilot workshops relating to themanagement of stress within the workplace.Equality and DiversityThe CPS published its first Single Equality Scheme2006-10 on 4 December 2006. The Scheme setsout the Disability Equality actions that the CPS willundertake in order to meet its statutory dutyunder the Disability Discrimination Act. TheScheme builds on the CPS Race Equality Scheme2005-08 and sets out Gender Equality Actions.The Scheme also incorporates equality anddiversity actions in respect of age, religion orbelief and sexuality and gender identity.DPP, Ken Macdonald QC said "My vision for aworld-class service on equality and diversitydelivered through the Single Equality Scheme ispart and parcel of my wider vision for CPS. Wehave identified the overall equality goals andoutcomes we aim to achieve. These are at theheart of our Single Equality Scheme."Members of the CPS Equality and Diversity Unit


36Health and SafetyThe CPS has continued a programme to increaseawareness of health and safety across the <strong>Service</strong>.The CPS held various events across England andWales during European Health and Safety week,23-27 October 2006 to raise the profile of healthand safety and awareness of staff in offices. The2006 Staff Survey results showed a dramatic andpositive increase in the health and safetyawareness of staff compared to 2004.A full revision was undertaken on the Health andSafety information available on the Infonet -Heath and Safety Manual, Policies, Guidance andForms - to ensure up-to-date information isavailable for all staff. New Health and Safetypolicies issued were the Fire Safety PolicyStatement and the Smoking Policy Statement,both issued in December 2006.The CPS continued its programme of internal healthand safety training courses across the department,where over 100 courses were held during 2006-07.Feedback from the courses showed them to be wellreceived by the attendees.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


37HAVING A STRONG CAPABILITY TO DELIVEREffective Management of <strong>Prosecution</strong> CostsThe CPS continues to develop its management ofprosecution costs in order to gain efficiencyimprovements. In June 2006, CPS implementedthe Very High Cost Case (VHCC) contract schemeacross all 42 Areas. The new VHCC arrangementsrequire the CPS and external counsel to operatewithin a contract-type arrangement for cases thatare due to last eight weeks or more. The contractsets fixed hourly rates for external counsel at thebeginning of a case and enables the work ofcounsel to be effectively managed in eight to 12week stages.The CPS applies Case Management Panelarrangements to all substantial prosecutions,enabling the DPP, at a national level, and CCPs ata local level, to ensure consistent oversight of themost serious, costly and complex criminal casesprosecuted by the <strong>Service</strong>. The success of theseimportant cases is built on well-constructedstrategies that are developed at the outset of theCPS’s involvement, in terms of the scope andbreadth of the case, tactical decisions made, andthe resources - both internal and external -assigned to its preparation and presentation.The Panels provide assurances to the AttorneyGeneral and wider CJS community thatappropriate consideration has been given to allpertinent issues surrounding the launch andcontinuation of any substantial prosecution caseand that the case is kept under regular review.Maximising the use of COMPASSThe COMPASS Programme is a Private FinanceInitiative (PFI) between the CPS and LogicaCMGand gives CPS prosecutors, caseworkers andadministrators the technology they need to delivera constantly improving, modern and efficientservice to the public. The CPS is committed tomaking sure that its investment in COMPASSproduces real improvements in terms of moreeffective prosecutions, efficiency gains and valuefor money. The second COMPASS Benefits AnnualReport for the CPS - giving an overview ofachievements for 2005-06 - was published inSeptember 2006.CPS Business Information Systems Directorate wasshortlisted in the Public <strong>Service</strong>s category of the'Computer Weekly' Best Places to work in ITAwards 2007. This year the awards, whichrecognise the efforts of employers in creating apositive working environment in IT, attractedentries from 55 organisations.Capability ReviewOne of Cabinet Secretary Sir Gus O'Donnell's keypriorities is to improve the capability of the Civil<strong>Service</strong> to meet today's delivery objectives and tobe ready for the challenges of tomorrow. Toachieve this, Departmental Capability Reviewshave been developed that will both assess howwell equipped Departments are to meet thesedelivery challenges, and provide targeted supportto make any improvements required.The CPS underwent a full Capability Review inApril/May 2007. In preparation for this, the CPSundertook an early self-assessment during autumn2006 to identify potential areas for improvement.Work is now being undertaken to address actions.CSR 2007The CSR 2007 settlement for the Law Officers’Departments was announced as part of theBudget on 21 March 2007. The settlementidentified a number of ambitious value for moneyreforms to be taken forward by the CPS and theother Law Officers’ Departments throughout2008-11. PSA targets for this period are beingfinalised and will be published in autumn 2007.Estates ManagementDuring the year, the CPS instructed its managingagents to directly manage its Business Rates. Theanticipated benefits were that the CPS is assuredthat the correct sum is being paid, opportunitiesfor one-off and long-term savings are maximisedand there is a saving in respect of time for CPSstaff. Within this year, this has resulted in cashablesavings of £800,000 (against Business Ratesexpenditure of £6.1 million).


38The CPS continues to develop and implement itsEstates Management Strategy in order to ensurethe property infrastructure is able to meet thecurrent and foreseen future requirements tosupport frontline business and to secure bestvalue for money. The accommodation cost perhead for 2006-07 was £5,119.Improved ProcurementIn 2006-07 the CPS has continued its work oneProcurement by agreeing to implement apurchase to pay (P2P) system utilising the OGCsponsoredZanzibar system. The CPS will be thefirst government department to use Zanzibar's fullcapability, which is forecast to deliver significantsavings through making the P2P process moreefficient, and providing better data and controlsto manage the CPS expenditure.The CPS led a procurement for the Law Officers'Departments to deliver a new HR database - the firstmajor collaboration on procurement involving allLaw Officers’ Departments. The <strong>Service</strong> has deliveredefficiency savings of £3.7 million through procurement.The CPS is undertaking a review of procurementthrough the Chartered Institute of Purchasing andSupply (CIPS) certification process, which will lead tocertification that the CPS follows best practice in itsprocurement processes. The <strong>Service</strong> has also carriedout an Equality Impact Assessment on procurementand is reviewing itself against the SustainableProcurement Task Force's (SPTF) Flexible Framework.Sustainable DevelopmentWorking with the Law Officers' Departments, the CPSis committed to improving performance onsustainable development. This year the CPS hasincreased the use of Renewable Energy to 79%, andinitiated a replacement scheme for IT equipment thatincludes the installation of more energy efficientproducts. To improve staff awareness of sustainabledevelopment articles have been published in the CPSin-house journal, ‘CPS News’. The articles have notonly reported on progress but also demonstrated howstaff can be 'green' both in the office and at home.A new Joint Law Officers' DepartmentsSustainable Development Action Plan has beenproduced and will be published shortly. The planwas reviewed by the Sustainable DevelopmentCommission (SDC) and was classed as 'GainingMomentum'. The new plan has taken on boardthe SDC's comments.The CPS continues to work to ensure thatappropriate aspects of sustainable developmentare included in criteria when evaluating suppliersfor the provision of goods and services. Suppliersare actively encouraged to put forward innovativesolutions that address sustainable development.Social and Community IssuesThe CPS is also committed to addressing socialand community issues. Working with CJS partnersand other public sector and voluntaryorganisations the CPS has launched andparticipated in a number of initiatives to addresssocial and community concerns. These include:• Improving community engagement;• Tackling hate crime;• Supporting the Drug Interventions Programme;• Improving victim and witness care;• Issuing Conditional Cautions;• Issuing the Children and Young People PolicyStatement;• Undertaking public consultation on key policymatters; and• Contributing to the success of the CommunityJustice Centres.Further information on the work of the CPS inthese areas can be found throughout this report.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07Andy Walker, Head of Estates and Tim Dexter, Sustainable Development Advisor


39RESOURCE ACCOUNTSMANAGEMENT COMMENTARYIntroductionThe Accounts report the resources that have beenconsumed working to deliver the Department's aimand objectives. This report has been prepared inaccordance with the guidance set out in theGovernment’s Financial Reporting Manual (FReM).Spending Review 2004The Government spending plans for the CPS for thethree years from 2005-06 to 2007-08, which wereannounced in July 2004 as part of the 2004Spending Review represent an average increase inreal terms of 3 per cent a year. From 2005-06onwards, HM Treasury has agreed to switchfrontline costs, previously classified as administrationcosts, into programme costs.The new spending plans require the CPS to:• Deliver more challenging Public <strong>Service</strong>Agreement (PSA) targets. Further details onperformance against current PSA targets can befound within the body of the Annual Reportunder the heading: CRIMINAL JUSTICE SYSTEMPERFORMANCE;• Complete the rollout of full statutory chargingacross England and Wales by March 2007;• Improve the handling of victims and witnesses,promote their needs, ensure that victims' viewsare represented and enable both victims andwitnesses to give evidence effectively; and• Deliver significant efficiency savings that amountto £34 million in 2007-08. Further details can befound within the body of the Annual Reportunder the heading: CRIMINAL JUSTICE SYSTEMPERFORMANCE.Departmental ReportThe CPS Departmental Report is presented toParliament as part of the Law Officers' DepartmentsDepartmental Report. The report for 2006-07 waspublished in May 2007 and can be found on theCPS website: www.cps.gov.uk.The coverage of the report includes the followingmain elements:• Progress on delivering public services, includingdepartmental objectives, PSA targets andmodernising government;• Recent developments in the CPS, includingreorganisation and other new legislative andworking practice initiatives;• An analysis of expenditure over the previous fiveyears and the expenditure plans for the next threeyears; and• CPS performance and achievements.The Autumn Performance Report 2007 will bepublished in December 2007 and providessupplementary performance information on PSAtargets and progress on the key initiatives beingundertaken by the CPS and other CJS agencies.Autumn Performance Reports are available atwww.cps.gov.uk.OPERATING AND FINANCIAL REVIEWa) Operating Review(i) CPS Business Strategy for 2005-08The CPS Business Strategy for 2005-08 focuses onhow to deliver the PSA targets which represent theGovernment's key objectives in criminal justice, andthe basis on which funding for the <strong>Service</strong> is provided.The CPS Vision to become a world class prosecutionauthority and supporting business strategy has beendeveloped with regard to a number of businessdrivers and changes across the CJS and to widerCivil <strong>Service</strong> reforms.The Business Strategy sets out a challenging reformagenda for the CPS over the three years to 2008.The changes set out in the Strategy are part of thewider reform of the CJS and are essential if the CPSis to play its full part in a more efficient andeffective CJS and become more accountable to localcommunities.The planned changes, which are described in detailin the body of the Annual Report, will mean a moreconfident, strong and independent CPS that isbetter equipped to bring more offenders to justiceand to prevent offenders profiting from theircriminality. It will mean that people will be moresecure from anti-social behaviour and crime,communities will be safer places to live and workand the public will have more confidence and trustin the CPS and in the CJS as a whole.


RESOURCE ACCOUNTS40(ii) Key StrengthsThe Board believes the key strengths of theCPS include:The department has clear, strong direction andleadership that has transformed the organisation'srole, performance and reputation in recent years.The vision has enthused and raised the ambitions ofmany staff and has attracted more high qualityrecruits. The CPS employs 2,879 prosecutors, 838are Higher Court Advocates able to present cases inthe <strong>Crown</strong> Court and in the Higher Courts. Thedepartment also employs 390 DesignatedCaseworkers able to present cases in themagistrates' courts. Both groups are representativeof the increasing professionalism of the CPS.The CPS has made good progress in buildingpositive and effective working relationships with itspartners and becoming an influential voice withinthe Criminal Justice System.The CPS has a proven track record for successfullyplanning, resourcing and delivering major changeinitiatives including assuming the responsibility fordetermining the appropriate charge in all but themost routine cases, implementation of joint WitnessCare Units with the police to provide a single pointof contact for witnesses and the successfulimplementation of national Case Management andWitness Management Systems based on up to dateIT infrastructure provided through a PFI between theCPS and LogicaCMG.Further details of IT and leasehold assets will beprovided in the department's Asset ManagementStrategy to be published in the autumn.The 2007-08 Main Estimate for the CPS has beenapproved and no changes are anticipated.(iii) Future FactorsCSR2007The Government has commenced a ComprehensiveSpending Review 2007 (CSR2007) which willdetermine spending plans and performance targetsfor all departments for financial years 2008-09 to2010-11. CSR2007 will deliver a long term andfundamental review of government expenditure.The Government has agreed spending plans earlywith some departments including the AttorneyGeneral's departments and these were announcedin the pre-Budget speech in March. Althoughfinancial plans for the next three years have notbeen finalised, the CPS will be expected to deliverbaseline efficiency savings of 3.5 per cent per yearwith a focus on cashable savings to free upresources to meet the challenges ahead. In addition,the administration budget for the department willbe reduced by 5 per cent per year in real terms overthe CSR2007 period, releasing additional resourcesfor reallocation to frontline service delivery.(iv) Summary of PerformanceThe CPS has continued to make substantial progressin its reform programme in 2006-07 and in workingto achieve the SR2004 PSA targets. Full details ofperformance and achievements during the year andcomparisons with achievements in previous yearscan be found within the body of the Annual Reportunder the heading: CRIMINAL JUSTICE SYSTEMPERFORMANCE.The CPS' Business Strategy for 2005-08 togetherwith the CPS Business Plan for 2007-08 focus onhow the PSA targets will be delivered and areavailable on the CPS website: www.cps.gov.uk.(v) SustainabilityEnvironmental MattersThe key CPS objectives to incorporate sustainabledevelopment and social and community issues arediscussed in the body of the Annual Report underthe headings: Sustainable Development and Socialand Community Issues. The CPS, along with theother Law Officers’ Departments, have agreed theLaw Officers' Departments Sustainable DevelopmentAction Plan which will be published on the CPSwebsite: www.cps.gov.uk.b) Financial ReviewThe CPS net Request for Resources (RfR), as votedby Parliament, for the period to 31 March 2007 was£621 million. Our outturn on expenditure as shownin the 2006-07 Accounts, Statement ofParliamentary Supply, was £616 million.As part of the 2000 Spending Review plans, HMTreasury created a criminal justice reserve which setaside funding to provide for unforeseen pressuresTHE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


41RESOURCE ACCOUNTSand trilaterally agreed new initiatives. The AttorneyGeneral, the Home Secretary and the LordChancellor agreed to allocate £76 million from thereserve in 2004-05 to the CPS to continue thereform of the <strong>Service</strong>. The investment has enabledthe <strong>Service</strong> to direct additional resources to themore serious cases, progress the implementation ofthe charging initiative, bring more offences tojustice, provide better support for victims and toimplement the recommendations of Speaking upFor Justice. The reserve became part of CPS baselinefunding from 2005-06.Note 2 to the Accounts analyses expenditure withinthe Departmental Expenditure Limit (DEL) by theDepartment's two functions, Administration and<strong>Crown</strong> prosecutions and legal services.Administration represents the costs of running theDepartment and includes only those costs notattributed to front line services directly associatedwith the prosecution of criminal cases. Administrationincludes staff salaries, other staff related expenditure,accommodation and related costs for administrativestaff based in CPS Headquarters. Overall the CPSadministration outturn was £51 million compared tonet provision of £57 million. The underspend of£6 million reflects efficiency savings made duringthe year by HQ Directors to support the decision ofthe CPS Board to freeze HQ staff numbers andbudgets from 2005-06. The balance comprises theremaining reserves held as a contingency againstunforeseen pressures.<strong>Crown</strong> prosecutions and legal services cover thedirect and indirect costs of taking cases to court.Following the cost of front line staff salaries, mostof the expenditure is associated with the costs ofthe more serious cases, which are heard in the<strong>Crown</strong> Court and comprise the costs of employingbarristers as advocates, reimbursing the costs ofprosecution witnesses who attend court, and anumber of other less significant costs associatedwith the prosecution process.Expenditure on <strong>Crown</strong> prosecutions and legalservices was £565 million compared with provisionof £564 million representing a small overspend of£1 million. The overspend is accounted for by anincrease in expenditure on counsel fees and witnessexpenses due in part to increased expenditure onthe most complex cases and in part to theintroduction of the Very High Cost Case Scheme inJuly 2006 which has had the effect of bringingforward expenditure during the transition stage.Over £41 million of CPS provision for Programmecosts is provided by way of costs awarded againstdefendants and collected by the magistrates' courtson our behalf and through the collection of receiptsin respect of confiscated criminal assets.Within the overall expenditure position, expenditureon fees paid to counsel was £5 million higher thanoriginally planned for the year as explained above.The additional expenditure was offset by a reductionin expenditure on other areas of the service.The CPS and DCA use versions of a graduated feescheme to calculate counsel fees in the majority of<strong>Crown</strong> Court cases. The concept of broad paritycontinues to create some upward pressure on the feesthe CPS pays for the longer, more complex, cases thathave been historically outside the graduated feescheme. About 40% of <strong>Crown</strong> Court cases involvedindictable-only offences - the most serious cases of all- compared with 33% in 2000-01 and only 18.2% in1991-92. There are further reasons for the increase incosts. The extension of recovery of criminal assets, theincreasing requirements of disclosure, the conclusionof some extremely large cases, terrorism relatedprosecutions falling out of intensive activity by secretservices and the police, and the increased use ofinformation technology have all meant longer andmore complex cases.From October 2005 the graduated fee scheme wasextended to include <strong>Crown</strong> Court cases that hadcracked on the day of trial, cases where thedefendant gave a guilty plea and cases that wereexpected to last between 25 and 40 days in court.We have taken further measures, in particular theextension of the deployment of CPS Higher CourtAdvocates to help us manage these cost pressures.Capital expenditure in the CPS is focused onimproving the Department's estate and officeenvironment and investment in IT through the PFIarrangement with LogicaCMG.


RESOURCE ACCOUNTS42Reconciliation of resource expenditure betweenEstimates, Accounts and Budgets 2006-07 2005-06£000 £000Net Resource Outturn (Estimate) 621,342 613,571Resource Budget (Estimate) 621,342 613,571Adjustments to additionally include:Consolidated Fund Extra Receipts in the OCS (2,059) (1,550)Unallocated Resource (5,065) (11,555)Net Operating Cost (Accounts) 614,218 600,466In all, the Department spent a total of £6 millionon the purchase of fixed assets and outturn was£2 million less than the budget. The underspend wascaused substantially by some slippage in plannedprojects for improvements to leasehold properties andthe replacement of office equipment pending strategicdecisions on a planned reorganisation of the internalstructure of CPS Areas to improve support for businessdelivery and increase resilience.The Department's net cash requirement outturn was£620 million against an estimate of £622 million.The difference is equivalent to the unspent resourceposition and the explanation given above alsoapplies here.During 2006-07 debtors due within one year increasedby £6 million from £53 million to £59 million anddebtor days decreased from 326 to 234 days. Debtorseffectively represent the outstanding value of costsawards due to the CPS that are collected by themagistrates' courts on our behalf. Repaymentarrangements agreed with defendants by the courtsmean that collection can occur over an extendedperiod of time. The position is exacerbated by the factthat for a period the courts could not write offdoubtful debts save for in very exceptionalcircumstances. The introduction of income in respectof recovered criminal assets under the Proceeds ofCrime Act incentivisation scheme has increased thetotal income for the Department and reduced theproportion accounted for by cost awards.In the same period creditors reduced from£67 million to £59 million and creditor days showedno material change from 53 days.ManagementKen Macdonald QC was appointed the Director ofPublic <strong>Prosecution</strong>s in November 2003. The ChiefExecutive supports the Director. The Chief Executivehas responsibility for finance, human resources,performance management, IT and business andadministrative processes, allowing the Director toconcentrate on prosecution and legal processes. RichardFoster was appointed as Chief Executive on 7 January2002 and left the CPS on 12 January 2007. Peter Lewiswas appointed as the new Chief Executive on 15January 2007. The Remuneration Report provides detailof service contracts and salary and pension entitlementsfor senior officials of the Department.CPS BoardThe CPS Board supports the Director and ChiefExecutive. The objectives of the Board are to provideleadership, set direction and review progress.Individual members are corporately responsible fordecisions taken by the Board.During 2006-07 the Board structure remainedunchanged with the membership comprising theDirector, Chief Executive, the Headquarters' functionalDirectors, the Director of Equality and Diversity, theCCP for London, three other CCPs and one ABM.The Board meets bi-monthly. The CCP and ABMmembers are representative of the differing sized Areasand are drawn from a diverse background. Three NonExecutive Directors (NEDs) currently sit on the Board.A recent recruitment exercise has replaced two ofthe 2005-06 NEDs who left after their terms ofappointment expired. There were some changes tothe individual members during the year, with newmembers appointed at the invitation of the Directorin consultation with the Chief Executive.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


43RESOURCE ACCOUNTSDuring 2006-07 the supporting Committeestructure was changed to provide more strategicand focused support to the Board. The total numberof supporting Committees was reduced from sevento four, with a single secretariat ensuring greaterco-ordination of business between the Board andCommittees. The role of the three BoardNEDs was strengthened by making them Chairs ofsome of the new supporting Committees.The effectiveness of the new arrangements and themembership of the Board and Committees will befurther assessed in 2007-08.The members of the CPS Board at 31 March 2007and their attendance during 2006-07 are as follows:Board Member Title Attendance NotesKen Macdonald QC DPP 4Richard Foster/Peter Lewis Chief Executive 3 Richard Foster left the CPS in January 2007John Graham Director, Finance 4Philip Geering/ Director, Policy 5 Philip Geering left the CPS in December 2006Roger DawPeter Lewis Director, Business 5DevelopmentDirectorateSteve Przybylski 1 Steve Przybylski was appointed Acting Director in January 2007Claire Hamon Director, Business 4Information SystemsAngela O'Connor/ Director, Human 4 Angela O’Connor left the CPS in November 2006Ros McCoolResourcesSéamus Taylor Director of Equality 5and DiversityDru Sharpling CCP, London 1Jim England/ CCP, West Mercia 1 Jim England left the CPS in October 2006Judith WalkerCCP, South YorkshireNeil Franklin CCP, West Yorkshire 5Portia Ragnauth CCP, Durham 5Deborah King/ ABM, Merseyside 4 Deborah King left the CPS in January 2007Adele ClarkeABM, NorthumbriaGerard Lemos Non-Executive Director 4Philip Oliver Non-Executive Director 4Rob Sykes Non-Executive Director 4Ursula Brennan Chief Executive, OCJR 4Matthew McGonagle Secretariat 5In April and October each year CCPs, ABMs and keymanagers in Headquarters meet together atconference to debate strategic issues and keyoperational problems.The appointment and termination of staff who aremembers of the CPS Board, excluding the NEDswho are not employed by the CPS, is undertaken inaccordance with the Civil <strong>Service</strong> ManagementCode. Where appropriate their remuneration, detailsof which can be found in the Remuneration Report,is determined by reference to the Senior SalariesReview Body. In the rare event of members holdingcompany directorships or having any significantinterests that conflict with their managementresponsibilities, these are declared and a record keptby the single secretariat. No specific action wasrequired at Board level due to a declaration ofinterest in 2006-07.The role of the Board is to:• Provide leadership and strategic direction, takingkey strategic decisions in driving forward CPSdelivery and reform;• Agree, lead and drive change to deliver the<strong>Service</strong>'s business strategy;• Build organisational capacity through effective use ofour people, resources and information technology;


RESOURCE ACCOUNTS44• Set standards and values for independence,impartiality and fairness, equality of opportunityand diversity;• Ensure the <strong>Service</strong> delivers high quality caseworkand advocacy;• Promote a culture of openness, transparency andcontinuous improvement;• Mainstream equality and diversity in all CPS business;• Deliver the CPS contribution to PSA and otherGovernment targets and objectives;• Build effective partnerships with CJS Departmentsand agencies to make the maximum contributionto CJS delivery and reform;• Safeguard and enhance the <strong>Service</strong>'s reputation;and• Ensure a proper framework for effective corporategovernance.Examples of business covered by the Board include:• CSR 2007 bid and supporting vision;• Business Strategy for 2007-08;• Restructuring proposals;• Response to CPS Staff Survey; and• Financial performance and change programme.The Board is now supported by four Committeesthat were introduced in October 2006. This changefollows a review of the governance structures, inline with good practice, at the end of 2005-06.The new Committees are responsible for managingkey strategic issues delegated to them by the Boardand assuring the Board about the delivery of thoseissues. The four new Committees are:Strategy, Policy & Diversity Committee (SPDC)The SPDC determines the <strong>Service</strong>'s overall vision andstrategic direction and develops prosecution policiesto deliver that vision whilst integrating all aspects ofequality and diversity.Work undertaken• Developed CPS Vision to support CSR 2007period and make proposals to the Board;• Approved Policy Directorate work programme andBusiness Plan for 2007-08; and• Approved Equality & Diversity Unit workprogramme and Business Plan for 2007-08.SPDC Members Position/Role Attendance (out of 3 meetings) NotesPhilip Oliver NED (Chair) 3Roger Daw/ Director/Assistant 3 Roger Daw appointed in January 2007.Joanna Morris Director, Policy Joanna Morris attended prior to appointmentElizabeth Howe CCP, Kent 3Charles Ingham CCP, Hertfordshire 1 Also member of Professional Standards& Ethics GroupMatthew McGonagle Strategy, Planning 3& ChangeAlison Saunders Head of Organised 2Crime DivisionSéamus Taylor Director of EDU 3Chris Woolley CCP, South Wales 2Delivery & Change Committee (DCC)The DCC manages the <strong>Service</strong>'s change programmeto ensure the delivery of PSA and other targets;reviews and revises the existing change programmein order to integrate new legislative, policy ordelivery objectives; and monitors progress so that itbecomes 'business as usual'. The DCC retains somecontinuity from the previous Committee structurewhich also had a Delivery & Change Committee, interms of membership and some responsibilities.Work undertaken• Approved 2007-08 Change Programme andperformance targets;• Approved management of risk approach;• Developed approach to benefits management(ongoing); and• Provided strategic steer to key programmes andprojects including developing modeladministrative processes, advocacy andrestructuring.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


45RESOURCE ACCOUNTSDCC Members Position/Role Attendance (out of 2 meetings) NotesGerard Lemos NED (Chair) 2Jean Ashton ABM, 2Greater ManchesterJohn Graham Director, Finance 2Claire Hamon Director, Business 0Information SystemsNick Hawkins CCP, Hampshire & 2 Also member of Professional StandardsIsle of Wight& Ethics GroupSteve Przybylski/ Acting Director/ 2 Peter Lewis became Chief Executive inPeter Lewis Director, Business January 2007.DevelopmentClare Toogood Sector Business 2Manager, LondonSouthJudith Walker CCP, South Yorkshire 2Gail Lamb (Centre of Excellence), Matthew McGonagle (Strategy, Planning & Change) and Pam Teare (Communications) alsoattend and advise the Committee, but are not members.People, Equality & Resources Committee (PERC)The PERC ensures that the CPS has the capacity andcapability to deliver the agreed business strategy, byallocating resources and agreeing supportingstrategies for people, equalities, finance and ICT;and ensuring that these supporting strategiesmaximise efficiencies, deliver value for money andenable the business strategy and PSA targets to beachieved against a background of increasingresource pressure.Work undertaken• Developed workforce strategy to supportCSR2007 settlement (ongoing);• Approved 2007-08 resource allocations; and• Approved actions arising from Equality & Diversityin Employment Inspection.PERC Members Position/Role Attendance (out of 2 meetings) NotesPeter Lewis/ Chief Executive 2Richard Foster (Chair)Lesley Burton ABM, London 1John Graham Director, Finance 2Claire Hamon Director, Business 1Information SystemsRos McCool/ Director/Deputy Director, 2 Ros McCool appointed in January 2007Lesley Watt Human ResourcesPhilip Oliver NED 2Steve Przybylski/ Acting Director/ Peter Lewis became Chief Executive inPeter Lewis Director, Business January 2007.Development 1Baljit Ubhey CCP, Thames Valley 1


RESOURCE ACCOUNTS46Audit Committee (AC)The AC provides objective advice, support andassurance to the Accounting Officer and CPS Boardon CPS corporate governance, risk managementand internal control systems and on the activity andfindings of the External Auditors. The AC's role andresponsibilities remained unchanged throughoutthe year.AC Members Position/Role Attendance (out of 4 meetings) NotesAnjali Arya/ NED (Chair) 3 Rob Sykes became Chair in October 2006.Rob SykesBaljit Ubhey CCP, Thames Valley 3 (out of 3) Baljit Ubhey left the Committee after theOctober meeting.Linda Fox ABM, Hertfordshire 4David Judd NED 4Paula Abrahams CCP, Essex 1 (out of 1) Paula Abrahams was appointed in February 2007Peter Lewis Director, Business 0 (out of 3) Peter Lewis left the Committee after beingDevelopment appointed Chief Executive in January 2007.John Graham (Director, Finance), Robert Lee (Head of Internal Audit) and Tom Breen (Risk Management Principal Advisor) alsoattend and advise the Committee, but are not members.Work undertaken• Monitored and provided direction to Internal Auditand approved the Head of Internal Audit's AnnualReport to Accounting Officers and CPS Board;• Approved the Statement of Internal Control andAnnual Resource Accounts;• Reviewed NAO observations on annual accountsand oversaw internal/external audit co-operationfor 2007-08; and• Reviewed risk management and corporategovernance approaches.Former CommitteesThe new Committee structure replaced the previousseven Committees. A summary of the roles of theprevious Committees is included below. The AuditCommittee remained unchanged.Delivery & ChangeThe role was to provide assurance to the CPS Boardthat the <strong>Service</strong> built effective partnerships in theCJS to deliver PSA and other targets and that the<strong>Service</strong>’s overall change programme delivered theCPS business strategy. This Committee wasreconstituted to form the new Delivery & ChangeCommittee outlined above.FinanceThe role was to support the Board on the effectiveuse of resources to deliver the <strong>Service</strong>'s businessstrategy and PSA targets and to develop a cultureof continuous operational improvement. Thepreparation of financial reports to the CPS Board,management of financial risk and the delivery of theCPS Efficiency Plan are now the responsibility of thePERC. The Finance Committee has been temporarilyretained as a sub-Committee of the PERC to preparethe allocation of resources for 2007-08 for approval.People & EqualityThe role was to provide assurance to the CPS Boardthat the people strategies and policies supportdelivery of the business strategy and PSA targets andsetting standards and values for impartiality, fairness,equality of opportunity and diversity. The Committeehas been disbanded and the strategic issues such asworkforce strategy and delivery of the Equality &Diversity Strategy are the responsibility of the PERC.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


47RESOURCE ACCOUNTSInformation & Communication Technology (ICT)The role was to provide assurance to the CPS Boardthat ICT strategies and policies support delivery ofthe business strategy and PSA targets; provides valuefor money; and makes the maximum contribution tojoined-up IT across the CJS. This Committee hasbeen disbanded and strategic issues such as the ISITStrategy are the responsibility of the PERC.Professional StandardsThe role was to provide assurance to the CPS Boardthat the CPS is delivering independent, high qualitycasework and advocacy. This Committee has beendisbanded. A Professional Standards and EthicsGroup which reports directly to the Director hasbeen introduced to provide advice on theprofessional and ethical considerations arising fromthe delivery of CPS and governmental priorities.Policy, Strategy & DiversityThe role was to support the CPS Board onleadership, strategic direction and the corporatebusiness strategy. This Committee has beendisbanded and the strategic issues such as CPSVision are the responsibility of the SPDC.PensionsThe Accounting Policy Note 1.8 describes the CPSpolicy on how pension liabilities are treated and theaccounting treatment is detailed in Note 8 and inthe Remuneration Report.Equal OpportunitiesThe CPS has a strong commitment and increasinglypositive reputation on equal opportunities.The <strong>Service</strong> reviewed and refreshed its policycommitments on equal opportunities in 2005 andin its refined policy statement states:'We are committed to taking account ofthe diversity of the population we serveand the staff we employ, promotingequality and opportunity for everyone.The <strong>Service</strong> recognises the challenge ofinstitutional discrimination. We will work toeradicate it. We will work to ensure thatprosecution decisions are free from bias ordiscrimination and that victims, witnessesand defendants are treated fairly,consistently and with respect. We willprovide services in a manner that isappropriate to the individual. We arecommitted to achieving equality andrespecting diversity in employment.We will work to build an inclusiveworkforce, which at all levels, reflects thecommunities we serve, where all staff aremotivated and with no unjustifiabledifferences in employees' experiences.'An Equal and Diverse <strong>Prosecution</strong> <strong>Service</strong>The CPS has moved into a second phase in its workto further equality and diversity - it has moved onfrom a focus on raising awareness of the issues to afocus on outcomes. From April 2005 onwards the<strong>Service</strong> introduced equalities outcome measures intoits performance review system and reports onachievements on a quarterly basis. The <strong>Service</strong> strivesto improve its reputation on equality and diversityissues and in the past year its work has beenpositively recognised through a Commission ForRacial Equality - Law Society Award for best largepublic sector employer of solicitors on race equality.The CPS is committed to further progress onequality and diversity in employment and has put aDiversity Delivery Plan in place which sets out whatwe will do to achieve senior workforcerepresentation targets by 2008.


RESOURCE ACCOUNTS48Employee Consultation and ProvidingInformation to EmployeesThe CPS has continued in its strategy ofcommunicating to staff both formally and informally.The main focus for the promulgation of businessinformation is via a newsletter “Inform” which ispublished weekly, in an online format. This informationis supplemented by a monthly publication of CPSNews, which also goes to an audience beyond theCPS. Some Areas and HQ Directorates produce similarpublications providing staff with news and informationfrom a more local perspective.Staff are informed about items of change via teammeetings and by newsletters circulated by individualproject owners. Informal and formal consultationstake place with the Trade Unions over changes thatwill affect staff. The Human Resources Directorate alsokeep the unions informed of HR policy changes andother initiatives that may impact upon their members.The CPS intranet home page provides a portal to anumber of themed areas as well as an onlinebulletin board, which is used to discuss a variety ofbusiness and social subjects.Other business information is provided both on theintranet and in paper format. Documents such as thePersonnel Management Manual, provide informationon HR Policy procedures and are maintained in bothformats, but are gradually being replaced by a seriesof booklets and online guides, which are publishedas policy is reviewed. Other manuals and standardforms are also published on the intranet togetherwith a specialist micro site for the INVESTprogramme which is a comprehensive performancemanagement and development initiative.Payment of Suppliers and WitnessesThe CPS is committed to paying bills in accordancewith agreed contractual conditions, or, where nosuch conditions exist, within 30 days of receipt ofgoods or services or the presentation of a validinvoice, whichever is the later. The CPS also seeks topay all expenses to prosecution witnesses within 5working days of receipt of a correctly completedclaim form.In 2006-07 the CPS settled 90.55% of undisputedinvoices within 30 days of receipt and 91.52% ofwitness claims within 5 days. The CPS paid £435.69with respect to interest due under the Late Paymentof Commercial Debts (Interest) Act 1998.AuditorsThis year's Resource Accounts have been auditedby the National Audit Office on behalf of theComptroller and Auditor General. No further auditservices were received aside from that ofstatutory audit.The cost of audit work was £87,000, which is solelyrelated to audit services and is a notional cost(see Note 10).As far as the Accounting Officer is aware, there isno relevant audit information of which the NationalAudit Office are unaware, and the AccountingOfficer has taken all the steps that he ought to havetaken to make himself aware of any relevant auditinformation and to establish that the entity'sauditors are aware of that information.Ken Macdonald QCAccounting Officer9 July 2007THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


49RESOURCE ACCOUNTSSTATEMENT OF ACCOUNTING OFFICER'SRESPONSIBILITIESUnder the Government Resources and Accounts Act2000, HM Treasury has directed the <strong>Crown</strong><strong>Prosecution</strong> <strong>Service</strong> to prepare for each financialyear resource accounts detailing the resourcesacquired, held or disposed of during the year andthe use of resources by the department during theyear. The accounts are prepared on an accruals basisand must give a true and fair view of the state ofaffairs of the <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> and of itsnet resource outturn, resources applied toobjectives, recognised gains and losses and cashflows for the financial year.In preparing the accounts, the Accounting Officer isrequired to comply with the requirements of theGovernment Financial Reporting Manual and inparticular to:• observe the Accounts Direction issued by HMTreasury, including the relevant accounting anddisclosure requirements, and apply suitableaccounting policies on a consistent basis;• make judgements and estimates on a reasonablebasis;• state whether applicable accounting standards asset out in the Government Financial ReportingManual have been followed, and disclose andexplain any material departures in the accounts;and• prepare the accounts on a going concern basis.HM Treasury has appointed the Director of Public<strong>Prosecution</strong>s as Accounting Officer of thedepartment, and the Chief Executive as anAdditional Accounting Officer, with responsibility forpreparing the department's accounts and fortransmitting them to the Comptroller and AuditorGeneral. The responsibilities of an AccountingOfficer, including responsibility for the propriety andregularity of the public finances for which theAccounting Officer is answerable, for keepingproper records and for safeguarding thedepartment's assets, are set out in the AccountingOfficers' Memorandum issued by HM Treasury andpublished in Government Accounting.STATEMENT ON INTERNAL CONTROLScope of responsibilityAs Accounting Officer, I have responsibility formaintaining a sound system of internal control thatsupports the achievement of CPS policies, aims andobjectives, whilst safeguarding the public funds anddepartmental assets for which I am personallyresponsible, in accordance with the responsibilitiesassigned to me in Government Accounting.I am supported in managing the CPS and its keyrisks by a Chief Executive as additional AccountingOfficer, the CPS Board, four Board committees andsix Headquarters Directors. The CPS is organisedinto geographical Areas each headed by a Chief<strong>Crown</strong> Prosecutor with a direct line of accountabilityto me for legal decisions and casework, and, in thefirst instance, to the Chief Executive for the deliveryof CPS objectives and PSA targets, and formanaging local risks.The CPS is an independent part of the criminaljustice system under the ministerial superintendenceof the Attorney General. I regularly meet theAttorney General to discuss progress, the issues andthe risks of key criminal justice policy initiatives.The purpose of the system of internal controlThe system of internal control is designed tomanage risk to a reasonable level rather than toeliminate all risk of failure to achieve policies, aimsand objectives; it can therefore only providereasonable and not absolute assurance ofeffectiveness. The system of internal control is basedon an ongoing process designed to identify andprioritise the risks to the achievement ofdepartmental policies, aims and objectives, toevaluate the likelihood of those risks being realisedand the impact should they be realised, and tomanage them efficiently, effectively andeconomically. The system of internal control hasbeen in place in CPS for the year ended 31 March2007 and up to the date of approval of the annualreport and accounts, and accords with HM Treasuryguidance.


RESOURCE ACCOUNTS50Capacity to handle riskThe CPS Board is responsible for ensuring thatappropriate risk management arrangements existand for ensuring that corporate risks are properlymanaged. The Delivery and Change Committeeassists the Board. The role of the Delivery andChange Committee is to monitor the progress andeffectiveness of all major business change projectsand the implementation of the <strong>Service</strong>'s riskmanagement development programme, and toconsider regular reports on the management of keycorporate risks.A Board level Risk Management Champion, and aRisk Improvement Manager who is responsible foradvising on embedding risk management across the<strong>Service</strong>, supported the Board during 2006-07 andprovided update reports to the Board, the Deliveryand Change Committee and the Audit Committee.Board level involvement in identifying, assessing andreviewing the progress of management of corporaterisks is provided by the Board members sitting onthe Delivery and Change Committee. The Board alsoapproved the CPS corporate risk tolerance - theamount of risk the Department is prepared to carry.All corporate risk owners are Board members.With the Chief Executive, I personally take part in aquarterly round of performance review meetingswith Areas. The frequency of review is determinedby a risk based assessment. These includeconsideration of any key challenges or risks across15 key indicators and business change projects plusa range of occasional thematic topics, whichincludes local risk management arrangements. In2006-07 Area procedures for identifying andassessing their business risks were assessed for 33Areas. A similar process for HeadquartersDirectorates was also trialled in the year.The CPS risk management framework is containedin a written policy statement and a practical riskmanagement guide. These are continuouslyreviewed to ensure they reflect current HM Treasuryand Office of Government Commerce standards.Risk management guidance is provided at the startof each business planning round. In 2006-07, the<strong>Service</strong> promoted risk training for all seniormanagers and delivered full risk training days and/orrisk awareness seminars to 5 Areas and 5 HQDirectorates. The CPS Centre of Excellence alsosupports training focused on managing businesschange risks.Support and best practice guidance is available fromthe Risk Improvement Manager, the Centre ofExcellence and a network of 5 Area BusinessManager mentors, allowing Areas access to practicalhelp and advice on managing their risks. In June2006, the range of risk guidance and supportavailable electronically was extended and furtherintegrated with other business and delivery skillsthat included planning, change, and programme &project management guidance within the newdepartmental 'Infonet'.The risk and control frameworkAll risk management activity is aligned to thecorporate aims, objectives, priorities and PSAcommitments. Risk Management is applied tostrategic corporate risks, Area operational andbusiness risks and key business change programmes.For 2006-07 the focus for corporate and Area riskswas the delivery of the PSA targets and the strategicbusiness changes that underpin effective delivery.The priority corporate risk areas were:• change management arrangements and theeffective delivery of business benefits andefficiency gains;• maintaining capability to deliver quality corebusiness;• strategic management capacity and capabilityrequired to sustain delivery of the PSA targets andbusiness change commitments;• partnership or key stakeholder performance orrelations (de-escalated from the corporate riskregister November 2006);• development and anticipation of changes togovernment criminal justice policy;• the impact on reputation from adverse publicity inhigh profile cases;• the impact on PSA targets and business changecommitments of Area restructuring (addedNovember 2006); andTHE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


51RESOURCE ACCOUNTS• efficiency delivery and funding constraint effectson service delivery and public confidence (addedNovember 2006).Risk identification and analysis is linked todepartmental strategic planning, business planningand investment/project appraisal procedures.Corporate, Area and HQ Directorate Business plansare constructed in tandem with the relevant riskregisters. Corporate and operational business riskowners are responsible for ensuring proper reviewand re-assessment of the level of risk. For thecorporate risks, the Delivery and Change Committeeis responsible for identifying the risks to bemanaged corporately and updating the corporaterisk register at formal quarterly reviews.The CPS Board receives quarterly performance and riskhighlight reports, and separate reports of any risksescalated by the Delivery and Change Committee asnot being managed effectively. No corporate riskswere escalated to the Board in 2006-07.On behalf of the Board, the Delivery and ChangeCommittee oversees the portfolio of businesschange projects to consider the level of riskassumed, and advises on the balance of risk andpotential benefits of new projects. Our corporaterisk management process has highlighted the needfor more structured analysis of risk, cost andbenefits, and work to develop this is continuing into2007-08.In 2006-07 the Board and the Delivery and ChangeCommittee fully met their programmed corporaterisk identification and review commitments and theirgovernance role in overseeing work of theprogramme boards responsible for the key businesschanges, including the progress of managing theassociated key risks and issues. I am satisfied thatthe necessary risk management actions wereaddressed properly at operational and project level.Managers and staff at all levels have a responsibilityto identify, evaluate, manage or report risks.I, together with the Chief Executive and the Boardencourage innovation and taking opportunities tofurther the interests of the CPS and theachievement of its objectives. The Board has set theCPS risk tolerance range, and the acceptableparameters for risk taking by managers are outlinedin the CPS risk policy and guidance documents.The Board requires Areas and HQ Directorates tomaintain:• a risk register detailing priority by likelihood andimpact and showing ownership;• a risk management action plan; and• evidence of regular review and monitoring.All Area risk registers were reviewed at the start ofthe year, and the majority re-assessed in the year aspart of the Area Performance Review process toidentify trends and common themes. No issues wereescalated to the corporate risk register.The CPS capacity to handle risk is under continuingreview by the Delivery and Change and AuditCommittees. The Risk Improvement Managerprovides half yearly reports on progress against theCPS risk management development strategy. TheCPS risk handling capacity was also reviewedformally in the year to inform the report on progressof the government's risk management developmentprogramme to the Permanent SecretariesManagement Group sub-committee on risk. In theyear the Delivery and Change Committeeconsidered and agreed to revise down the riskmanagement development strategy targets todeliver a significant integration of risk managementinto CPS business by the end of 2008-09. The keyareas for development and improvement remain:• deeper embedding of risk – we are addressingthis by promoting corporate risk ownerinvolvement in reviewing and updating risks;developing electronic awareness, support andguidance material on the departmental Infonet;Risk Improvement Manager quality assurance andpromotional visits to operational managers andHQ Directors; the delivery of formal risk trainingsessions and risk awareness developmentseminars; providing detailed written feedbackreports on request; and providing new summarybest practice guidance;• demonstrating improved risk handling and betterdelivery of planned outcomes – we are addressingthis by integrated review of risk management andperformance in quarterly Area performance


RESOURCE ACCOUNTS52review, and regular monitoring by CPS Board,Audit Committee and the Delivery and ChangeCommittee; and• managing risks with partners – we are addressingthis by working with the Office of Criminal JusticeReform on risks to the delivery of criminal justicePSA targets, and Criminal Justice InformationTechnology programme on risks to thedevelopment of joint information andcommunications technology; and establishing acriminal justice system risk management forum.I am satisfied that, although we could improve theapplication of our risk management framework, ourrisk management arrangements meet the necessarygovernance standards.Review of effectivenessAs Accounting Officer, I have responsibility forreviewing the effectiveness of the system of internalcontrol. My review of the effectiveness of thesystem of internal control is informed by the workof the internal auditors and the executive managerswithin the department who have responsibility forthe development and maintenance of the internalcontrol framework, and comments made by theexternal auditors in their management letter andother reports. I have been advised on theimplications of the result of my review of theeffectiveness of the system of internal control by theBoard, the Audit Committee and the Delivery andChange Committee, and a plan to addressweaknesses and ensure continuous improvement ofthe system is in place.In the year, we implemented the recommendationsof the annual review of corporate governancerequired by the Corporate Governance Code ofPractice. The next review is planned for mid 2007-08. A new Board committee structure now operateswith clearer responsibility and strategic oversight inthe functional areas key to good internal control.There are clear lines of accountability between theBoard and committees, and the committees reportregularly to the Board. One of three Non-ExecutiveDirectors chairs or sits on each (the People, Equalityand Resources Committee is chaired by the ChiefExecutive). The Board committees are:• Strategy, Policy and Diversity – to determine the<strong>Service</strong>'s overall vision and strategic direction, anddevelop prosecution policies that integrate allaspects of equality and diversity;• People, Equality and Resources – to guide thedevelopment and deployment of CPS human,financial and material resources to ensure that wehave the capacity and capability, and obtain valuefor money in implementing the agreed businessstrategy and service delivery commitments;• Delivery and Change – to determine, prioritiseand oversee the implementation of a changeprogramme that ensures delivery of Public <strong>Service</strong>Agreement and other key targets; and• Audit – to provide objective advice, support andassurance to the Accounting Officer andadditional Accounting Officer on corporategovernance, risk management, the system ofinternal control and external audit reports.The department has an internal audit function thatoperates to the 'Government Internal AuditStandards' guidance. They submit regular reports tothe Audit Committee, including a report from theHead of Internal Audit that provides an independentopinion on the adequacy and effectiveness of thedepartment's system of internal control and includesrecommendations for improvement to the systemsof internal control.In accordance with the Code of Good Practice onCorporate Governance, the Audit Committee hasprepared an annual report on the work ofdischarging its responsibilities.At the end of the calendar year each Chief <strong>Crown</strong>Prosecutor and HQ Director completes a certificateof assurance. The certificates include a statement onthe level of assurance achieved throughout the yearby the Area/Directorate against key aspects of theirbusiness. They specifically provide an assurance onthe effectiveness of local systems to identify andmanage the principal risks to the delivery of thePublic <strong>Service</strong> Agreement targets. All certificates arevalidated against HM <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong>Inspectorate reports and other performanceinformation.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


53RESOURCE ACCOUNTSOur quarterly performance review programme withArea Chief <strong>Crown</strong> Prosecutors and BusinessManagers (detailed in the Capacity to handle risksection) is a key part of monitoring effectiveness ofthe system of internal control. Resulting action plansfor performance improvement are agreed with me,the Chief Executive and the Director of BusinessDevelopment.Independent review of business efficiency andeffectiveness in the Areas is carried out by HM<strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> Inspectorate. In 2006-07they undertook a programme that included Areaeffectiveness inspections, and thematic reviews ofthe national case management system and equalityand diversity in employment. HM <strong>Crown</strong><strong>Prosecution</strong> <strong>Service</strong> Inspectorate also carries outjoint thematic inspections with other independentCriminal Justice inspectorates.Significant internal control issuesI have no significant internal control issues to reportfor 2006-07 and all previously reported issues havebeen cleared.Ken Macdonald QCAccounting Officer9 July 2007THE CERTIFICATE AND REPORT OF THECOMPTROLLER AND AUDITOR GENERAL TOTHE HOUSE OF COMMONSI certify that I have audited the financial statements ofthe <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> for the year ended31 March 2007 under the Government Resources andAccounts Act 2000. These comprise the Statement ofParliamentary Supply, the Operating Cost Statementand Statement of Recognised Gains and Losses, theBalance Sheet, the Cashflow Statement and theStatement of Operating Costs by Departmental Aimand Objectives and the related notes. These financialstatements have been prepared under the accountingpolicies set out within them. I have also audited theinformation in the Remuneration Report that isdescribed in that report as having been audited.Respective responsibilities of the AccountingOfficer and auditorThe Accounting Officer is responsible for preparing theAnnual Report, which includes the RemunerationReport, and the financial statements in accordancewith the Government Resources and Accounts Act2000 and HM Treasury directions made thereunderand for ensuring the regularity of financial transactions.These responsibilities are set out in the Statement ofAccounting Officer's Responsibilities.My responsibility is to audit the financial statementsand the part of the Remuneration Report to beaudited in accordance with relevant legal andregulatory requirements, and with InternationalStandards on Auditing (UK and Ireland).I report to you my opinion as to whether the financialstatements give a true and fair view and whether thefinancial statements and the part of the RemunerationReport to be audited have been properly prepared inaccordance with HM Treasury directions issued underthe Government Resources and Accounts Act 2000.I report to you whether, in my opinion, certaininformation given in the Annual Report, whichcomprises the Management Commentary, isconsistent with the financial statements.I also report whether in all material respects theexpenditure and income have been applied to thepurposes intended by Parliament and the financialtransactions conform to the authorities whichgovern them.


RESOURCE ACCOUNTS54In addition, I report to you if the Department hasnot kept proper accounting records, if I have notreceived all the information and explanations Irequire for my audit, or if information specified byHM Treasury regarding remuneration and othertransactions is not disclosed.I review whether the Statement on InternalControl reflects the Department's compliance withHM Treasury's guidance, and I report if it does not.I am not required to consider whether thisstatement covers all risks and controls, or to forman opinion on the effectiveness of the Department'scorporate governance procedures or its risk andcontrol procedures.I read the other information contained in the AnnualReport and consider whether it is consistent with theaudited financial statements. I consider the implicationsfor my certificate if I become aware of any apparentmisstatements or material inconsistencies with thefinancial statements. My responsibilities do not extendto any other information.Basis of audit opinionI conducted my audit in accordance with InternationalStandards on Auditing (UK and Ireland) issued by theAuditing Practices Board. My audit includesexamination, on a test basis, of evidence relevant tothe amounts, disclosures and regularity of financialtransactions included in the financial statements andthe part of the Remuneration Report to be audited. Italso includes an assessment of the significantestimates and judgments made by the AccountingOfficer in the preparation of the financial statements,and of whether the accounting policies are mostappropriate to the Department's circumstances,consistently applied and adequately disclosed.I planned and performed my audit so as to obtainall the information and explanations which Iconsidered necessary in order to provide me withsufficient evidence to give reasonable assurance thatthe financial statements and the part of theRemuneration Report to be audited are free frommaterial misstatement, whether caused by fraud orerror, and that in all material respects theexpenditure and income have been applied to thepurposes intended by Parliament and the financialtransactions conform to the authorities whichgovern them. In forming my opinion I also evaluatedthe overall adequacy of the presentation ofinformation in the financial statements and the partof the Remuneration Report to be audited.OpinionsAudit OpinionIn my opinion:• the financial statements give a true and fair view,in accordance with the Government Resourcesand Accounts Act 2000 and directions madethereunder by HM Treasury, of the state of theDepartment's affairs as at 31 March 2007 and thenet cash requirement, net resource outturn, netoperating cost, operating costs applied toobjectives, recognised gains and losses andcashflows for the year then ended;• the financial statements and the part of theRemuneration Report to be audited have beenproperly prepared in accordance with HMTreasury directions issued under the GovernmentResources and Accounts Act 2000; and• information given within the Annual Report,which comprises the Management Commentary,is consistent with the financial statements.Audit Opinion on RegularityIn my opinion, in all material respects, the expenditureand income have been applied to the purposesintended by Parliament and the financial transactionsconform to the authorities which govern them.ReportI have no observations to make on these financialstatements.John BournComptroller and Auditor General11 July 2007National Audit Office157-197 Buckingham Palace Road,Victoria, London SW1W 9SPTHE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


55STATEMENT OF PARLIAMENTARY SUPPLYStatement of Parliamentary SupplySummary of Resource Outturn 2006-072006-07 2005-06£000 £000Estimate Outturn OutturnNet totaloutturncomparedwithEstimate:Gross Gross saving/Note expenditure A in A Net Total expenditure A in A Net Total (excess) Net TotalRequest forresources 1 2 666,669 45,327 621,342 661,604 45,327 616,277 5,065 602,016Total resources 3 666,669 45,327 621,342 661,604 45,327 616,277 5,065 602,016Nonoperatingcost A in A 5 - - - - - - - -Net cash requirement 2006-072006-07 2005-06£000 £000Net totaloutturncomparedwithEstimate:saving/Note Estimate Outturn (excess) OutturnNet cash requirement 4 621,880 619,885 1,995 611,367Summary of income payable to the Consolidated FundIn addition to appropriations in aid, the following income relates to the Department and is payable to the Consolidated FundForecast 2006-07 Outturn 2006-07£000 £000Note Income Receipts Income ReceiptsTotal 5 - - 2,059 2,684Explanations of variances between Estimate and outturn are given in Note 2 and in the Management Commentary.The notes on pages 60 to 78 form part of these accounts


OPERATING COST STATEMENT56Operating Cost Statementfor the year ended 31 March 20072006-07 2005-06£000 £000 £000 £000 £000Staff OtherNote Costs Costs IncomeAdministration Costs:Staff costs 8 30,146 29,837Other administration costs 9 21,474 23,808Operating income 11 (313) (146)Programme CostsStaff costs 8 318,019 299,004Other programme costs 10 291,965 285,594Less: income 11 (47,073) (37,631)Totals 348,165 313,439 (47,386) 600,466Net operating cost 3 614,218 600,466Net resource outturn 4 616,277 602,016Statement of Recognised Gains and Lossesfor the year ended 31 March 2007Note 2006-07 2005-06£000 £000Net gain on revaluation of tangible fixed assets 19 788 576Recognised gains for the financial year 788 576THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07The notes on pages 60 to 78 form part of these accounts


57BALANCE SHEETBalance Sheetas at 31 March 20072007 2006Note £000 £000Fixed assets:Tangible assets 12 27,753 25,923Intangible assets 13 860 946Debtors falling due after more than one year 14 3,194 3,864Current assets:Debtors 14 58,789 52,551Cash at bank and in hand 15 4,080 14,54362,869 67,094Creditors (amounts falling due within one year) 16 (59,239) (66,931)Net current assets 3,630 163Total assets less current liabilities 35,437 30,896Provisions for liabilities and charges 17 (9,419) (10,231)26,018 20,665Taxpayers’ equity:General fund 18 21,005 16,403Revaluation reserve 19 5,013 4,26226,018 20,665Ken Macdonald QCAccounting Officer9 July 2007The Accounting Officer authorised the financial statements for issue on 17 July 2007The notes on pages 60 to 78 form part of these accounts


CASH FLOW STATEMENT58Cash Flow Statementfor the year ended 31 March 20072006-07 2005-06Note £000 £000Net cash outflow from operating activities 20(a) (612,439) (605,178)Capital expenditure and financial investment 20(b) (4,761) (3,296)Payments of amounts due to the Consolidated Fund (3,290) (5,175)Financing 20(d) 610,027 602,577(Decrease) in cash in the period 20(e) (10,463) (11,072)THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07The notes on pages 60 to 78 form part of these accounts


59STATEMENT OF OPERATING COSTS BY DEPARTMENTALAIM AND OBJECTIVEStatement of Operating Costs by Departmental Aim and Objectivefor the year ended 31 March 2007Aim:To deliver a high quality prosecution service that brings offenders to justice, helps reduce both crimeand the fear of crime and thereby promotes public confidence in the rule of law, through theconsistent, fair and independent review of cases and through their fair, thorough and firmpresentation at court.2006-07 2005-06£000 £000 £000 £000 £000 £000Gross Income Net Gross Income NetObjective 661,604 (47,386) 614,218 638,243 (37,777) 600,466Net operating costs 661,604 (47,386) 614,218 638,243 (37,777) 600,466The Department's objective was as follows:To ensure the effective delivery of justice.See Note 21The notes on pages 60 to 78 form part of these accounts


NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS60NOTES TO THE DEPARTMENTALRESOURCE ACCOUNTS1. Statement of Accounting PoliciesThe financial statements have been prepared inaccordance with the 2006-07 Government FinancialReporting Manual (FReM) issued by HM Treasury.The accounting policies contained in the FReMfollow UK generally accepted accounting practicefor companies (UK GAAP) to the extent that it ismeaningful and appropriate to the public sector.In addition to the primary statements prepared underUK GAAP, the FReM also requires the Department toprepare two additional primary statements. TheStatement of Parliamentary Supply and supportingnotes show outturn against Estimate in terms of thenet resource requirement and the net cashrequirement. The Statement of Operating Costs byDepartmental Aim and Objective and supportingnotes analyse the Department's income andexpenditure by the objectives agreed with Ministers.Where the FReM permits a choice of accountingpolicy, the accounting policy which has been judgedto be the most appropriate to the particularcircumstances of the Department for the purpose ofgiving a true and fair view has been selected. TheDepartment's accounting policies have been appliedconsistently in dealing with items consideredmaterial in relation to the accounts.1.1 Accounting ConventionThese accounts have been prepared under thehistorical cost convention modified to account forthe revaluation of fixed assets at their value to thebusiness by reference to their current costs.1.2 Basis of ConsolidationThe CPS has no agencies or other bodies that mayform part of a CPS departmental group.1.3 Fixed AssetsTangible Fixed AssetsTangible fixed assets are stated at the lower ofreplacement cost and recoverable amount. Witheffect from 1 April 2002 all expenditure on tangiblefixed assets of £500 or over is capitalised.From 1 April 2004 this includes leaseholdimprovements. On initial recognition they aremeasured at cost including any costs such asinstallation directly attributable to bringing theminto working condition.All tangible fixed assets are restated to current valueeach year. Land and buildings are restated to currentvalue using professional valuations in accordancewith FRS15 every five years and in the interveningyears by the use of published indices appropriate tothe type of land or building. The InvestmentProperty Databank supplies the indices used.Title to the freehold land and buildings shown inthe accounts is held as follows:a) property on the departmental estate, title towhich is held by the CPS; andb) property held by the Department of Environment,Food and Rural Affairs in the name of theSecretary of State.Other tangible fixed assets are restated to currentvalue annually by indexation up to the year-end usingPrice Index Numbers for Current Cost Accounting,published by the Office for National Statistics.Costs of bought-in services incurred in preparationfor the implementation of IT projects are capitalised.Internal costs incurred on the same projects are notcapitalised where the work can only be carried outby in-house staff.Intangible Fixed AssetsMost software licences used in the business are paidfor on an annual basis and their cost is charged tothe Operating Cost Statement over the period towhich the licences relate. However, the CPS haspurchased certain licences for use over an extendedperiod of time. These have been capitalised asintangible fixed assets, following the sameconventions and principles as those applied totangible fixed assets.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


61NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS1.4 DepreciationTangible Fixed AssetsTangible fixed assets are depreciated at ratescalculated to write them down to estimated residualvalue on a straight-line basis over their estimateduseful lives. No depreciation is provided on freeholdland since it has an unlimited useful life. Asset livesare normally in the following ranges:Freehold buildingsFurniture and fittingsInformation technologyTransport equipment20 to 50 years3 to 10 years4 years3 to 5 yearsLeasehold improvements are written off over theshorter of:a) the remaining life of the property lease;b) 10 years; orc) where it has been established that a break clausein the lease is likely to be exercised by theDepartment, the period to the first possible dateof exercise of the relevant break clause.Intangible Fixed AssetsIntangible fixed assets are depreciated at ratescalculated to write them down to estimated residualvalue on a straight-line basis over their estimateduseful lives, which are considered to be co-terminouswith the Department’s ICT managed service contract(see Note 24).1.5 Operating IncomeOperating income is income which relates directly tothe operating activities of the Department, and consistsof administration and programme income. It includesnot only income appropriated in aid of the Estimatebut also income to the Consolidated Fund, which inaccordance with FReM is treated as operating income.Operating income is stated net of VAT.Administration IncomeAdministration income is income associated withsupport to front-line functions. This relates to therecovery of salaries for staff seconded to otherGovernment Departments or Local Criminal JusticeBoards and reimbursement of expenditure under theGovernment's Access to Work and New Dealschemes. It includes not only income appropriatedin aid of the Estimate but also income due to theConsolidated Fund, which in accordance with theFReM is treated as operating income.Programme IncomeProgramme income is direct income associated withdelivery of front-line functions. The principalelement relates to costs awarded to the CPS. TheCPS receives awards of costs made againstconvicted defendants at the discretion of the judgeor magistrates. Magistrates' courts are responsiblefor recording, enforcing and collecting these costs,forwarding collected monies to the CPS and, underdelegated authority, for writing off awards wherethe amount outstanding is less than £100.Bad debts are provided for as a percentage ofprogramme debtors.In order to account for cost awards, the CPS usesreturns submitted by the courts in respect of cashcollected, transfers to and from other courts,amounts written off and cost awards outstanding.The costs reflect the cost of the prosecution but foradministrative purposes are recorded againstprogramme costs only. Cost award income isincluded in the objective in the Statement ofResources by Departmental Aim and Objectives.Programme income also includes rental income fromother Government Departments in jointly occupiedbuildings, commercial sub-tenants and NonDepartmental Public Bodies; but it also includesother income such as recovery of salaries for staffseconded to other Government Departments orLocal Criminal Justice Boards, Home Office paymentsmade for recovered assets from cash forfeitures andconfiscation receipts and reimbursement ofexpenditure under the Government's Access to Workand New Deal schemes. Rental income received fromother Government Departments is netted off againstexpenditure in accordance with FReM.1.6 Administration and Programme ExpenditureThe Operating Cost Statement is analysed betweenadministration and programme income andexpenditure. The classification of expenditure andincome as administration or as programme followsthe definition of administration costs set out in theConsolidated Budgeting guidance issued by HMTreasury. Costs are stated inclusive of VAT.


NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS62Administration CostsAdministration costs reflect the costs of running theDepartment. These include both administrative costsand associated operating income. Income isanalysed in the notes between that which, underthe administrative cost-control regime, is allowed tobe offset against gross administrative costs indetermining the outturn against the administrationcost limit, and that operating income which is not.Programme CostsProgramme costs reflect non-administration costsbeing the direct cost and associated overheads ofprosecution including the employment of counseland compensation paid to witnesses for costsincurred through their attendance at court. Where aprosecution case is expected to last 40 days or less,payments are made to counsel using a set feestructure, with a target of payment within 20 daysof receipt of a valid claim. Cases expected to last inexcess of 40 days (or where three trial counsel areinstructed) are excluded from this system andpayments to counsel for these cases may takeconsiderable time to negotiate. It is not possible toascertain the actual amount owed on these cases atyear-end until some months later. In view of this theDepartment estimates such counsel feesoutstanding for inclusion in these accounts.As stated in the Management Commentary and inthe Accounting Policy note above, income andexpenditure in these Accounts are analysed acrossthe Department's two functions, Programme (thedirect costs of <strong>Crown</strong> prosecutions and legalservices) and Administration (the costs of runningthe Department), as defined in the ConsolidatedBudgeting guidance issued by HM Treasury.1.7 Capital ChargeA charge, reflecting the cost of capital utilised bythe Department, is included in operating costs. Thecharge is calculated at the real rate set by HMTreasury (currently 3.5%) on the average carryingamount of all assets less liabilities, except for:b) liabilities for amounts to be surrendered to theConsolidated Fund for which no credit againstthe charge is allowed.1.8 PensionsPast and present employees are covered by theprovisions of the Principal Civil <strong>Service</strong> PensionScheme (PCSPS). This is a defined benefit schemeand is unfunded and non-contributory except inrespect of dependants' benefits. The CPS recognisesthe expected cost of providing pensions on asystematic and rational basis over the period duringwhich it benefits from employees' services bypayment to the PCSPS of amounts calculated on anaccruing basis. Liability for payment of futurebenefits is a charge on the PCSPS. With effect from1 October 2002 new employees have the option tojoin either the PCSPS scheme or a PartnershipPension Account. The latter is a defined contributionscheme where the department recognises thecontributions payable for the year.1.9 Operating LeasesRentals due under operating leases are charged tothe Operating Cost Statement over the lease termon a straight-line basis, or on the basis of actualrentals payable where this fairly reflects the usage.Future payments, disclosed at Note 23,“Commitments under Leases”, are not discounted.1.10 Private Finance Initiative (PFI) TransactionsThe CPS signed a contract entering into a PFItransaction on 31 December 2001 for a 10 yearperiod commencing 1 April 2002. This has beenaccounted for in accordance with Technical NoteNo.1 (Revised), entitled How to account for PFITransactions, as required by the FReM. The balanceof risks and rewards of ownership of the PFIproperty are borne by the PFI operator, therefore thePFI payments are recorded as an operating cost. TheCPS transferred all IT assets to the PFI operator witheffect from 1 April 2002. A prepayment for their fairvalue is recognised and amortised over the life ofthe PFI contract.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07a) cash balances with the Office of the PaymasterGeneral and donated assets where the charge isnil; and


63NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS1.11 ProvisionsThe Department provides for legal or constructiveobligations, which are of uncertain timing oramount, at the balance sheet date on the basis ofthe best estimate of the expenditure required tosettle the obligation. Where the effect of the timevalue of money is significant, the estimated riskadjustedcash flows are discounted using the realrate set by HM Treasury (currently 2.2%).1.12 Contingent LiabilitiesIn addition to contingent liabilities disclosed inaccordance with FRS12, the Department disclosesfor parliamentary reporting and accountabilitypurposes certain contingent liabilities where thelikelihood of a transfer of economic benefit isremote. These comprise:• items over £250,000 (or lower, where required byspecific statute) that do not arise in the normalcourse of business and which are reported toParliament by departmental Minute prior to theDepartment entering into the arrangement; and• all items (whether or not they arise in the normalcourse of business) over £250,000 (or lower,where required by specific statute or wherematerial in the context of resource accounts),which are required by the FReM to be noted inthe resource accounts.1.13 Value Added TaxMost of the activities of the Department are outsidethe scope of VAT and, in general output tax does notapply and input tax on purchases is not recoverable.Irrecoverable VAT is charged to the relevantexpenditure category or included in the capitalisedpurchase cost of fixed assets. Where output tax ischarged, the amounts are stated net of VAT.


NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS642. Analysis of net resource outturn by section2006-07 2005-06£000 £000 £000 £000 £000 £000 £000 £000Outturn EstimateNet TotaloutturnGrosscomparedOther resource with Prior-yearAdmin current expenditure A in A Net Total Net Total Estimate outturnRequest for Resources 1:Administration 51,620 - 51,620 (310) 51,310 57,415 6,105 53,521<strong>Crown</strong> prosecutionsand legal services - 609,984 609,984 (45,017) 564,967 563,927 (1,040) 548,495Total 51,620 609,984 661,604 (45,327) 616,277 621,342 5,065 602,016Resource Outturn 51,620 609,984 661,604 (45,327) 616,277 621,342 5,065 602,016Explanation of the variation between Estimate and outturn (net total resources):(i) Net total outturn was £5.065 million less than the Estimate, representing 0.82% of net provision. Theunderspend represents the decision of the CPS Board to freeze HQ staff numbers and budgets from 2005-06.Detailed explanations of the variances are given in the Management Commentary.3. Reconciliation of outturn to net operating cost and againstAdministration Budget3(a) Reconciliation of net resource outturn to net operating cost2006-07 2005-06£000 £000 £000 £000OutturncomparedSupply withNote Outturn Estimate Estimate OutturnNet Resource Outturn 2 616,277 621,342 5,065 602,016Non-supply income (CFERs) 5 (2,059) - 2,059 (1,550)Net operating cost 614,218 621,342 7,124 600,4663(b) Outturn against final Administration Budget2006-07 2005-06£000 £000 £000Budget Outturn OutturnGross Administration Budget 57,815 51,617 53,623Less: Income allowable against the Administration Budget (400) (310) (124)Net outturn against final Administration Budget 57,415 51,307 53,499THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


65NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS4. Reconciliation of resources to cash requirementNet totaloutturncomparedwithEstimate:saving/Estimate Outturn (excess)Note £000 £000 £000Resource Outturn 2 621,342 616,277 5,065Capital:Acquisition of fixed assets 12, 13 and 20 7,400 4,761 2,639Investments - - -Non-operating A in A:Proceeds of fixed asset disposals - - -Accruals adjustmentsNon-cash items 9 and 10 (8,535) (8,563) 28Changes in working capital other than cash - 5,096 (5,096)Changes in creditors falling due after more than one year - - -Use of provision 17 1,673 2,314 (641)Net cash requirement 621,880 619,885 1,9955. Analysis of income payable to the Consolidated FundAnalysis of income payable to the Consolidated Fund.In addition to appropriations in aid, the following income relates to the Department and is payable tothe Consolidated Fund.Forecast 2006-07 Outturn 2006-07Income Receipts Income ReceiptsNote £000 £000 £000 £000Operating income and receipts - excess A in A 6 - - 1,403 1,624Non-operating income and receipts - excess A in A 7 - - - 450Subtotal - - 1,403 2,074Other operating income and receipts notclassified as A in A 6 - - 656 610Other non-operating income and receipts notclassified as A in A - - - -Other amounts collectable on behalf of theConsolidated Fund - - - -Total income payable to the Consolidated Fund - - 2,059 2,684


NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS666. Reconciliation of income recorded within the Operating Cost Statementto operating income payable to the Consolidated Fund2006-07 2005-06£000 £000Operating incomeAdministration 313 146Netted-off gross expenditure in sub-head - -Programme 48,019 38,491Netted-off gross expenditure in sub-head (946) (860)47,386 37,777Income authorised to be appropriated-in-aidAdministration 310 124Programme 45,017 36,10345,327 36,227Operating income payable to the Consolidated FundAdministration 3 22Programme 2,056 1,5282,059 1,5507. Non-operating income - Excess A in A2006-07 2005-06£000 £000Proceeds on disposal of fixed assets - 450Non-operating income - excess A in A - 450The prior year balance represents sale proceeds from the disposal of Winchway House, Haverfordwest.8. Staff numbers and related costsStaff costs comprise: 2006-07 2005-06£000 £000 £000 £000PermanentlyemployedTotal staff Others TotalWages and salaries 274,742 257,715 17,027 261,575Social security costs 21,277 21,277 - 20,156Other pension costs 52,146 52,146 - 47,110Sub Total 348,165 331,138 17,027 328,841Less recoveries in respect ofoutward secondments (1,215) (1,215) - (229)Total net costs 346,950 329,923 17,027 328,612THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07The Principal Civil <strong>Service</strong> Pension Scheme (PCSPS) is an unfunded multi-employer defined benefit scheme but the <strong>Crown</strong><strong>Prosecution</strong> <strong>Service</strong> is unable to identify its share of the underlying assets and liabilities. The scheme actuary valued thescheme as at 31 March 2003. You can find details in the resource accounts of the Cabinet Office: Civil Superannuation(www.civilservice-pensions.gov.uk).


67NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTSFor 2006-07, employers' contributions of £52,057,440 were payable to the PCSPS (2005-06: £47,024,672) at one of fourrates in the range 17.1 to 25.5 per cent of pensionable pay, based on salary bands (the rates in 2005-06 were between 16.2and 24.6 per cent). The scheme's Actuary reviews employer contributions every four years following a full scheme valuation.From 2007-08, the salary bands will be revised but the rates will remain the same.The contribution rates are set to meet the cost of the benefits accruing during 2006-07 to be paid when the member retires,and not the benefits paid during this period to existing pensioners.Employees can opt to open a partnership pension account, a stakeholder pension with an employer contribution.Employers' contributions of £82,161 (2005-06 £79,106) were paid to one or more of a panel of three appointedstakeholder pension providers. Employer contributions are age-related and range from 3 to 12.5 per cent (2005-06: 3 to12.5 per cent) of pensionable pay. Employers also match employee contributions up to 3 per cent of pensionable pay. Inaddition, employer contributions of £6,111, 0.8 per cent (2005-06: £5,822, 0.8 per cent) of pensionable pay, were payableto the PCSPS to cover the cost of the future provision of lump sum benefits on death in service and ill-health retirement ofthese employees. Contributions due to the partnership pension providers at the balance sheet date were £9,028(2005-06: £8,761). Contributions prepaid at that date were £Nil.7 individuals (2005-06: 16 individuals) retired early on ill-health grounds; the total additional accrued pension liabilities inthe year amounted to £20,983 (2005-06: £58,473).Average number of persons employedThe average number of whole-time equivalent persons employed during the year was as follows.2006-07 2005-06Number NumberObjectivePermanentTotal staff Others TotalTo ensure the effective delivery of justice 8,546 8,282 264 8,384Total 8,546 8,282 264 8,3849. Other Administration Costs2006-07 2005-06Note £000 £000 £000 £000Rentals under operating leases:Hire of office equipment 84 51Other operating leases 4,444 6,4504,528 6,501PFI service charges:Off-balance sheet contracts 24 616 1,084Non cash itemsCost of capital charge (130) (199)Other expenditureAccommodation and associated costs 4,178 3,564Communications 241 375Training 2,154 2,048Travel and subsistence 2,227 1,956Printing and stationery 1,237 1,423Postage and carriage 387 396Other expenditure 6,036 6,66016,460 16,42221,474 23,808


NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS6810. Programme Costs2006-07 2005-06Note £000 £000 £000 £000Rentals under operating leases:Hire of office equipment 1,016 501Other operating leases 20,641 17,59521,657 18,096PFI service charges:Off-balance sheet contracts 24 48,515 47,426Non cash itemsDepreciation 4,457 5,358Amortisation 169 -Loss on disposal of fixed assets 2 25Loss on revaluation 51 24Cost of capital charge:Civil Estate 207 201Other items 793 625Change in bad debt allowance 1,425 (112)Auditors’ remuneration (Note a) 87 82Provisions:Provided in year 17 2,227 1,636Unrequired provision written back 17 (899) (618)Unwinding of discount on provisions 17 174 5848,693 7,805Other expenditureAccommodation and associated costs 18,766 17,844Communications 5,827 6,104Training 1,606 1,828Travel and subsistence 4,920 4,783Printing and stationery 5,542 6,471Postage and carriage 4,385 4,092Advocate fees 145,220 145,896Costs awarded to CPS written off 29 674 209Witness expenses 13,354 13,794Other expenditure 12,806 11,246213,100 212,267291,965 285,594Less: programme income 6 (47,073) (37,631)244,892 247,963Note a - There has been no auditors’ remuneration for non-audit work.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


69NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS11. Income2006-07 2005-06£000 £000TotalTotalAdministration income:Consolidated Fund extra receipts 3 22Other 310 124Programme income:Costs awarded to the CPS 33,593 34,420Recovered Assets Incentivisation Fund 8,115 -Rental receivable from external tenants 2,466 2,239Rental receivable from other departments 946 860Netted-off gross expenditure in sub-head (946) (860)Consolidated Fund extra receipts 653 164Other 2,246 808Total 47,386 37,777


NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS7012. Tangible fixed assetsFreehold Land Leasehold Furniture and Informationand Buildings Improvements Fittings Technology Total£000 £000 £000 £000 £000Cost or valuationAt 1 April 2006 5,875 1,603 29,269 1,822 38,569Additions - 2,834 2,396 284 5,514Disposals - - (4) - (4)Revaluation 669 85 92 (35) 811At 31 March 2007 6,544 4,522 31,753 2,071 44,890DepreciationAt 1 April 2006 178 251 11,136 1,081 12,646Charged in year 211 512 3,214 473 4,410Disposals - - (2) - (2)Revaluation 44 15 44 (20) 83At 31 March 2007 433 778 14,392 1,534 17,137Net book value at31 March 2007 6,111 3,744 17,361 537 27,753Net book valueat 31 March 2006 5,697 1,352 18,133 741 25,923Freehold land and buildings were valued at 31 March 2005 at £5,775,000 on the basis of existing use value by an externalfirm of Chartered Surveyors, Donaldsons. The valuations were undertaken in accordance with the UK Practice Statement 1.3of the Royal Institution of Chartered Surveyors (RICS) Appraisal and Valuation Standards published 1 May 2003.The Accounting Officer is not aware of any material changes in the carrying value of freehold land and buildings andtherefore there have been no interim valuations, other than indexation, since 31 March 2005. Other tangible assets arerevalued on the basis of latest available indices.The majority of IT assets in use in the business are held under a PFI contract as detailed in Note 1.10 and 24.13. Intangible fixed assetsIntangible fixed assets comprise software licences.Total£000Cost or valuationAt 1 April 2006 946Additions 119Disposals -Revaluation (39)At 31 March 2007 1,026AmortisationAt 1 April 2006 -Charged in year 169Disposals -Revaluation (3)At 31 March 2007 166THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07Net book value at 31 March 2007 860Net book value at 31 March 2006 946


71NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS14. Debtors14 (a) Analysis by type2006-07 2005-06£000 £000Amounts falling due within one year:Trade debtors (Note a) 30,967 34,543Deposits and advances 383 427Other debtors (Note b) 989 829PrepaymentsPFI 751 751Other 13,669 11,188Accrued income 12,030 4,813Amounts due from the Consolidated Fund in respect of supply - -58,789 52,551Amounts falling due after more than one year:PrepaymentsPFI 3,004 3,755Other 190 10961,983 56,415Note a - Included within debtors is £1,098k (2005-06: £1,769k) representing excess Appropriations in Aid that will be due tothe Consolidated Fund once the debts are collected.Note b - Included within other debtors is £46k (2005-06: £Nil) representing unexpected receipts due to the ConsolidatedFund once the debts are collected.14(b) Intra-Government BalancesAmountsAmountsfalling duefalling duewithin one yearafter morethan one year£000 £000 £000 £0002006-07 2005-06 2006-07 2005-06Balances with other central government bodies 3,674 1,141 - -Balances with local authorities 4,985 2,100 91 79Balances with NHS Trusts - - - -Balances with public corporations and trading funds - - - -Intra-government balances 8,659 3,241 91 79Balances with bodies external to government 50,130 49,310 3,103 3,785Total debtors at 31 March 58,789 52,551 3,194 3,864


NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS7215. Cash at bank and in hand2006-07 2005-06£000 £000Balance at 1 April 14,543 25,615Net change in cash balances (10,463) (11,072)Balance at 31 March 4,080 14,543The following balances at 31 March were held at:Office of HM Paymaster General 4,047 14,486Commercial banks and cash in hand 33 57Balance at 31 March 4,080 14,54316. Creditors16(a) Analysis by type2006-07 2005-06£000 £000Amounts falling due within one year:VAT 113 33Other taxation and social security 8,439 6,822Trade creditors 9,288 11,990Other creditors 5,564 4,505Accruals and deferred income 30,611 27,26954,015 50,619Amounts issued from the Consolidated Fund for supply but not spent at year end 1,995 11,853Consolidated Fund extra receipts due to be paid to the Consolidated Fundreceived 2,085 2,690receivable 1,144 1,76959,239 66,93116(b) Intra-Government BalancesAmountsAmountsfallingfalling duedue withinafter moreone yearthan one year£000 £000 £000 £0002006-07 2005-06 2006-07 2005-06Balances with other central government bodies 19,751 27,841 - -Balances with local authorities 24 262 - -Balances with NHS Trusts - - - -Balances with public corporations and trading funds - - - -Intra-government balances 19,775 28,103 - -Balances with bodies external to government 39,464 38,828 - -Total creditors at 31 March 59,239 66,931 - -THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


73NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS17. Provisions for liabilities and chargesEarly departure costs£000Balance at 1 April 2006 10,231Provided in the year 2,227Provisions not required written back (899)Provisions utilised in the year (2,314)Unwinding of discount 174Balance at 31 March 2007 9,419The CPS meets the additional costs of benefits beyond the normal PCSPS benefits in respect of employees who retire early bypaying the required amounts annually to the PCSPS over the period between early departure and normal retirement date.The CPS provides for this in full when the early retirement programme becomes binding on the CPS by establishing aprovision for the estimated payments discounted by the HM Treasury discount rate of 2.2 per cent in real terms.18. General FundThe General Fund represents the total assets less liabilities of the entity, to the extent that the total is not represented byother reserves and financing items.2006-07 2005-06Note £000 £000 £000 £000Balance at 1 April 16,403 6,334Net Parliamentary fundingDrawn Down 610,027 602,577Deemed 11,853 20,643621,880 623,220Year end adjustmentSupply Creditor - current year (1,995) (11,853)Net Transfer from Operating ActivitiesNet operating cost (614,218) (600,466)CFERs repayable to Consolidated Fund 6 (2,059) (1,550)Net Transfer from Non-operating ActivitiesCFERs repayable to Consolidated Fund 7 - (450)(616,277) (602,466)Non Cash Charges:Cost of capital charge 9 and 10 870 627Auditors’ remuneration 87 82957 709Transfer from revaluation reserve 19 37 459Balance at 31 March 21,005 16,40319. ReservesThe revaluation reserve reflects the unrealised element of the cumulative balance of indexation and revaluation adjustments(excluding donated assets).2006-07 2005-06£000 £000Balance at 1 April 4,262 4,145Arising on revaluation during the year (net) 788 576Transferred to general fund in respectof realised element of revaluation reserve (37) (459)Balance at 31 March 5,013 4,262


NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS7420. Notes to the Cash Flow Statement20(a) Reconciliation of operating cost to operating cash flows2006-07 2005-06Note £000 £000Net operating cost (614,218) (600,466)Adjustments for non-cash transactions 9 and 10 8,563 7,606(Increase) in debtors (7,445) (5,867)Increase/(decrease) in creditors falling due within one year 2,975 (4,005)Use of provisions 17 (2,314) (2,446)Net cash outflow from operating activities (612,439) (605,178)20(b) Analysis of capital expenditure and financial investment2006-07 2005-06Note £000 £000Tangible fixed asset additions 12 (5,092) (2,350)Proceeds of disposal of fixed assets 450 -Intangible fixed asset additions 13 (119) (946)Net cash outflow from investing activities (4,761) (3,296)20(c) Analysis of capital expenditure and financial investment by Request for ResourcesCapital expenditure Loans, etc. A in A Net Total£000 £000 £000 £000Request for resources 1 (5,211) - - (5,211)Total 2006-07 (5,211) - - (5,211)Total 2005-06 (3,856) - - (3,856)20(d) Analysis of financing2006-07 2005-06Note £000 £000From the Consolidated Fund (Supply) - current year 18 (610,027) (602,577)Advances from the Contingencies Fund - (12,000)Repayments to the Contingencies Fund - 12,000Net financing (610,027) (602,577)20(e) Reconciliation of Net Cash Requirement to (increase)/decrease in cash2006-07 2005-06Note £000 £000Net cash requirement 619,885 611,367From the Consolidated Fund (Supply) - current year 18 (610,027) (602,577)Amounts due to the Consolidated Fund - received in a prioryear and paid over 2,690 4,972Amounts due to the Consolidated Fund - received and not paid over (2,085) (2,690)Decrease in cash 10,463 11,072THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


75NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS21. Notes to the Statement of Operating Costs byDepartmental Aim and ObjectiveOther current expenditures were as follows:2006-07 2005-06Objective £000 £000To ensure the effective delivery of justice 244,892 247,963244,892 247,963This expenditure represents programme costs which form part of the net operating costs disclosed in the Statement ofOperating Costs by Departmental Aim and Objective.Capital Employed by Departmental Aim and Objective at 31 March 2007The CPS’ capital is employed exclusively for programme purposes.Aim: To deliver a high quality prosecution service that brings offenders to justice, helps reduce both crime andthe fear of crime and thereby promotes public confidence in the rule of law, through the consistent, fair andindependent review of cases and through their fair, thorough and firm presentation at court.2006-07 2005-06Capital employed Capital employedObjective £000 £000To ensure the effective delivery of justice 26,018 20,66526,018 20,66522. Capital commitments2006-07 2005-06Contracted capital commitments at 31 March 2007 for £000 £000which no provision has been made in these accounts. 66 10623. Commitments under leasesOperating LeasesCommitments under operating leases to pay rentals during the year following the year of these accounts are given in thetable below, analysed according to the period in which the lease expires.2006-07 2005-06Land andLand andbuildings Other buildings Other£000 £000 £000 £000Obligations under operating leases comprise:Expiry within 1 year 1,106 1,229 1,969 16Expiry after 1 year but not more than 5 years 12,527 3,246 10,674 1,959Expiry thereafter 12,330 - 12,941 2,88125,963 4,475 25,584 4,856


NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS7624. Commitments under PFI contractsThe Department has entered into the following PFI contract.Off balance sheetInformation, Communications and Technology (ICT) managed serviceThe Department's ICT service is provided through a managed service contract with a term of 10 years from 1 April 2002 to31 March 2012. The contract is extendable for a further five years. The estimated capital value of the contract is £22.2m(2005-06: £21.7m). Under the terms of the contract CPS ICT assets were transferred to the contractor with effect from 1 April2002. A prepayment was established for the fair value of the ICT assets transferred (£7,510,233.28) and the assets wereimpaired to a nil value as at 31 March 2002.Charge to the Operating Cost Statement and future commitmentsThe total amount charged in the Operating Cost Statement in respect of off-balance sheet PFI transactionswas £49,131,009 (2005-06: £48,510,539); and the payments to which the Department is committedduring the year following the year of these accounts, analysed by the period during which the commitmentexpires, are as follows.2006-07 2005-06£000 £000Expiry within 1 year - -Expiry within 2 to 5 years 42,105 -Expiry within 6 to 10 years - 41,94642,105 41,946The contract covering the managed service allows for a number of improvements and enhancements to systems over thelifetime of the project. As such changes are successfully introduced there will necessarily be increases in the charges levied bythe <strong>Service</strong> Provider. These increases will only be recognised in the accounts once the relevant changes have been properlytested and fully accepted as fit for purpose by the CPS.25. Other financial commitmentsThe Department has entered into a contract, only cancellable at a significant cost, for the delivery and support of theDepartment's finance system. Implementation was completed during 2005-06. During 2006-07, the Department entered intoa further contract of significant value for the development of the Department's Infonet. The payments to which thedepartment is committed during the year following the year of these accounts, analysed by the period during which thecommitment expires are as follows.2006-07 2005-06£000 £000Expiry within 1 year - -Expiry within 2 to 5 years 924 656Expiry thereafter - -924 656THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


77NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS26. Financial InstrumentsFRS 13, Derivatives and Other Financial Instruments, requires disclosure of the role which financial instruments have hadduring the period in creating or changing the risks an entity faces in undertaking its activities. Because of the largely nontradingnature of its activities and the way in which government departments are financed, the CPS is not exposed to thedegree of financial risk faced by business entities. Moreover, financial instruments play a much more limited role in creating orchanging risk than would be typical of the listed companies to which FRS 13 mainly applies. The Department has no power toborrow or invest surplus funds and financial assets and liabilities are generated by day-to-day operational activities and arenot held to change the risks facing the Department in undertaking its activities.Liquidity riskThe Department's net revenue resource and capital requirements are financed by resources voted annually by Parliament.The CPS is not therefore exposed to liquidity risks.Interest-rate and Foreign currency riskThe Department has no material deposits, and all material assets and liabilities are denominated in sterling, so it is notexposed to interest rate or currency risk.Fair valuesSet out below is a comparison by category of book values and fair values of the Department's financial assets and liabilitiesas at 31 March 2007.Book Value Fair Value Basis of fairvaluation£000 £000Primary financial instruments:Financial assets:Cash at bank and in hand 4,080 4,080Financial liabilities:Provisions (9,419) (9,419) Note aNote a - Fair value is not significantly different from book value since, in the calculation of book value, the expected cashflows have been discounted by the real rate set by HM Treasury (currently 2.2 per cent).27. Contingent Liabilities disclosed under FRS 12As at 31 March 2007 the CPS was involved in eight Employment Tribunal cases. It is not possible to estimate their financialeffect. The CPS was also involved in 19 personal injury claims. Eight cases are in the process of negotiation and these mayresult in settlements totalling £195,500. It is not possible to estimate the financial effect of the remaining 11 claims.In addition, the CPS was also involved in negotiation of costs relating to dilapidation charges. One claim has been submittedby the Landlord, which may result in a settlement of £48,816. One further claim is expected to be submitted. It is notpossible to estimate the financial effect of this claim.


NOTES TO THE DEPARTMENTAL RESOURCE ACCOUNTS7828. Contingent Liabilities not required to be disclosed under FRS 12 but includedfor parliamentary reporting and accountabilityThere were no contingent liabilities of this nature at the year-end.29. Losses and Special PaymentsIncluded within the Operating Cost Statement are losses and special payments as follows:2006-07 2005-06£000 £000Losses StatementTotal (14,574 cases) 720 290These losses include 14,509 cases relating to costs awarded to the CPS totalling £674k (Note 10) of which the Magistrates’ Courts,who are responsible for collecting costs awarded to the CPS, wrote off 13,912 cases with a value of £527k under their delegatedpowers, and the CPS authorised a further write off of £147k comprising 597 cases.Special PaymentsTotal (34 cases) 320 39730. Related-party transactionsThe CPS has close working relationships with all agencies within the criminal justice system and particularly the Courts, their ultimatecontrolling party being the Department for Constitutional Affairs (see Note 1.5). The Courts are regarded as related parties with whichthe department has had material transactions, being mainly costs awarded by the Courts to the CPS (see Note 11) less amountswritten off (see Note 10).In response to the recommendations of the Glidewell review the CPS and the Police have combined the administration of case filesthrough the collocation of Criminal Justice Units. In addition the CPS has had a number of transactions with other Government bodies.None of the Board members, key managerial staff or other related parties has undertaken any material transactions with the CPSduring the year.31. Third-party assetsThere are no third-party assets as at the balance sheet date.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


79DEPARTMENTAL REMUNERATION REPORTDepartmental Remuneration ReportRemuneration PolicyThe Remuneration Committee comprises:Peter Lewis (Chief Executive)Ros McCool (Director, Human Resources)Janet Birch (National Business Support Manager)The remuneration of senior civil servants is set bythe Prime Minister following independent advicefrom the Review Body on Senior Salaries.The Review Body also advises the Prime Minister fromtime to time on the pay and pensions of Members ofParliament and their allowances; on Peers' allowances;and on the pay, pensions and allowances of Ministersand others whose pay is determined by the Ministerialand Other Salaries Act 1975.In reaching its recommendations, the Review Body isto have regard to the following considerations:• the need to recruit, retain and motivate suitablyable and qualified people to exercise theirdifferent responsibilities;• regional/local variations in labour markets and theireffects on the recruitment and retention of staff;• Government policies for improving the publicservices including the requirement ondepartments to meet the output targets for thedelivery of departmental services;• the funds available to departments as set out in theGovernment's departmental expenditure limits; and• the Government's inflation target.The Review Body takes account of the evidence itreceives about wider economic considerations andthe affordability of its recommendations.Further information about the work of the ReviewBody can be found at www.ome.uk.com.In addition, the Remuneration Committee is taskedwith considering the relative contributions of theDepartment's senior employees within each payband. Paying due regard to completed performancereports, consistency and scope of objectives and theeffects of external factors, the committee will thenconsider individual merit awards in line with CabinetOffice guidance. If implemented, such merit awardswill be in addition to the minimum progression ofall Senior Civil <strong>Service</strong> pay bands implemented inline with the recommendations of the Review Body(3.5% with effect from 1 April 2006).<strong>Service</strong> ContractsCivil <strong>Service</strong> appointments are made in accordancewith the Civil <strong>Service</strong> Commissioners' RecruitmentCode, which requires appointment to be on meriton the basis of fair and open competition but alsoincludes the circumstances when appointments mayotherwise be made.The DPP, Ken Macdonald QC, was appointed by theCabinet Office for a period of three years under acontract dated 1 November 2003; compensation forearly termination is payable in accordance with therelevant provisions of the Civil <strong>Service</strong> CompensationScheme (CSCS) and the DPP may retire early onmedical grounds with benefits provided under theterms of his pension scheme. His contract has beenextended for a period of two years and runs from 1November 2006 until 31 October 2008.Claire Hamon, Director Business Information Systems,serves under a three year fixed term contract dated13 January 2006 which has an unexpired term of oneyear and nine months. The contract stipulates anotice period of three months; compensation forearly termination is payable in accordance with therelevant provisions of the CSCS, and she may retireearly on medical grounds receiving payment ofrelevant ill health retirement benefits.All other officials covered by this report holdappointments which are open-ended and allow forretirement at the age of 60, although they have theright to work up to age 65. Early termination, otherthan for misconduct, would result in the individualreceiving compensation as set out in the CSCS.Further information about the work of the Civil<strong>Service</strong> Commissioners can be found atwww.civilservicecommissioners.gov.uk.The remuneration of all directors, non-executivedirectors and staff employed in the CPS is paidentirely in cash.Salary and Pension EntitlementsThe following sections provide details of theremuneration and pension interests of the mostsenior officials of the department.


DEPARTMENTAL REMUNERATION REPORT80Remuneration (audited)2006-07 2005-06Officials Post held Date joined or leftBoard (if applicable) Salary £000 Salary £000Ken Macdonald QC (a) Director of Public <strong>Prosecution</strong>s 180 - 185 175 - 180Peter Lewis Chief Executive (from 15 Jan 07) 25 - 30 -(fye 135 - 140)Director Business Development Directorate (to 14 Jan 07) 100 - 105 120 - 125(fye 115 - 120)Richard Foster Chief Executive (to 12 Jan 07) 145 - 150 140 - 145(fye 180 - 185)Claire Hamon Director Business Information Systems 135 - 140 130 - 135John Graham Director Finance 100 - 105 95 - 100Angela O'Connor Director Human Resources (to 19 Nov 06) 85 - 90 110 - 115(fye 120 - 125)Ros McCool Director Human Resources (from 15 Jan 07) 15 - 20 -(fye 100 - 105)Séamus Taylor Director of Equality and Diversity 90 - 95 80 - 85Steve Przybylski Acting Director Business Development (from 15 Jan 07) 20 - 25 -Directorate (fye 100 - 105)Philip Geering Director Policy (to 31 Dec 06) 65 - 70 95 - 100(fye 90 - 95)Roger Daw Director Policy (from 16 Jan 07) 20 - 25 -(fye 105 - 110)Dru Sharpling CCP, London 130 - 135 125 - 130Jim England CCP, West Mercia (to 31 Oct 06) 50 - 55 85 - 90(fye 90 - 95)Judith Walker CCP, South Yorkshire (from 23 Mar 07) 0 - 5 -(fye 90 - 95)Portia Ragnauth CCP, Durham 75 - 80 70 - 75Neil Franklin CCP, West Yorkshire 100 - 105 95 - 100Deborah King ABM, Merseyside (to 31 Jan 07) 45 - 50 55 - 60(fye 55 - 60)Adele Clarke ABM, Northumbria (from 23 Mar 07) 0 - 5 -(fye 55 - 60)Anjali Arya (b) Non-Executive Director (to 12 Jun 06) - -Philip Oliver (b) Non-Executive Director - -Rob Sykes (b) Non-Executive Director (from 3 Apr 06) - -Gerard Lemos (b) Non-Executive Director (from 3 Apr 06) - -a) The Director of Public <strong>Prosecution</strong>s is provided with a car and chauffeur for official use. This is assessed by HM Revenue& Customs as constituting a benefit in kind in the sum of £16,631. Tax and National Insurance contributions on this sum,amounting to £14,635 have been paid on the Director’s behalf by the CPS.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07b) Non-Executive Directors received a fee of £11,368 as remuneration for sitting on the Board during 2006-07.Expenses are paid.fye = full year equivalent salary


81DEPARTMENTAL REMUNERATION REPORTSalary"Salary" includes gross salary, performance pay orbonuses, overtime, reserved rights to Londonweighting or London allowances, recruitment andretention allowances, private office allowances andany other allowance to the extent that it is subjectto UK taxation.This report is based on payments made by theDepartment and thus recorded in these accounts.Benefits in KindThe monetary value of benefits in kind covers anybenefits provided by the employer and treated byHM Revenue & Customs as a taxable emolument.Pension BenefitsCivil <strong>Service</strong> PensionsPension benefits are provided through the Civil<strong>Service</strong> Pension arrangements. From 1 October2002, civil servants may be in one of three statutorybased "final salary" defined benefit schemes(classic, premium and classic plus). The schemes areunfunded with the cost of benefits met by moniesvoted by Parliament each year. Pensions payableunder classic, premium and classic plus are increasedannually in line with changes in the Retail PriceIndex. New entrants after 1 October 2002 maychoose between membership of premium or joininga "money purchase" stakeholder arrangement witha significant employer contribution (partnershippension account).Employee contributions are set at the rate of 1.5 percent of pensionable earnings for classic and 3.5 percent for premium and classic plus. Benefits in classicaccrue at the rate of 1/80th of pensionable salaryfor each year of service. In addition, a lump sumequivalent to three years' pension is payable onretirement. For premium, benefits accrue at the rateof 1/60th of final pensionable earnings for eachyear of service. Unlike classic, there is no automaticlump sum (but members may give up (commute)some of their pension to provide a lump sum).Classic plus is essentially a variation of premium, butwith benefits in respect of service before 1 October2002 calculated broadly as per classic.The partnership pension account is a stakeholderpension arrangement. The employer makes a basiccontribution of between 3 per cent and 12.5 percent (depending on the age of the member) into astakeholder pension product chosen by theemployee. The employee does not have tocontribute but where they do make contributions,the employer will match these up to a limit of 3 percent of pensionable salary (in addition to theemployer's basic contribution).Employers alsocontribute a further 0.8 per cent of pensionablesalary to cover the cost of centrally-provided riskbenefit cover (death in service andill-health retirement).The accrued pension quoted is the pension themember is entitled to receive when they reach 60,or immediately on ceasing to be an active memberof the scheme if they are already 60.Further details about the Civil <strong>Service</strong> Pensionarrangements can be found at the websitewww.civilservice-pensions.gov.ukCash Equivalent Transfer ValuesA Cash Equivalent Transfer Value (CETV) is theactuarially assessed capitalised value of the pensionscheme benefits accrued by a member at aparticular point in time. The benefits valued are themember's accrued benefits and any contingentspouse's pension payable from the scheme. A CETVis a payment made by a pension scheme orarrangement to secure pension benefits in anotherpension scheme or arrangement when the memberleaves a scheme and chooses to transfer thebenefits accrued in their former scheme. Thepension figures shown relate to the benefits thatthe individual has accrued as a consequence of theirtotal membership of the pension scheme, not justtheir service in a senior capacity to which disclosureapplies. The CETV figures, and from 2003-04 theother pension details, include the value of anypension benefit in another scheme or arrangementwhich the individual has transferred to the Civil<strong>Service</strong> Pension arrangements and for which theCabinet Office's Civil Superannuation Vote hasreceived a transfer payment commensurate to the


DEPARTMENTAL REMUNERATION REPORT82additional pension liabilities being assumed. Theyalso include any additional pension benefit accruedto the member as a result of their purchasingadditional years of pension service in the scheme attheir own cost. CETVs are calculated within theguidelines and framework prescribed by the Instituteand Faculty of Actuaries.Real Increase in CETVThis reflects the increase in CETV effectively fundedby the employer. It does not include the increase inaccrued pension due to inflation, contributions paidby the employee (including the value of any benefitstransferred from another pension scheme orarrangement) and uses common market valuationfactors for the start and end of the period.Pension for the Director of Public <strong>Prosecution</strong>sPension benefits are provided through two pensionschemes which have the DPP as its only member,Pension benefits (audited):and were laid before Parliament on 15 June 2006.The Schemes are unfunded and the cost of benefitswill be met by monies voted by Parliament eachyear. The pensions will be increased annually in linewith changes in the Retail Prices Index.The two pension schemes provide benefits whichbroadly match the benefits provided under theJudicial Pension Scheme. The principal scheme is aregistered scheme and provides benefits up to theearnings cap. The supplementary scheme provideson earnings above the cap and is not a registeredscheme. The normal retirement age for the schemeis 65.Employee contributions are set at the rate of 3% ofpensionable earnings up to the earnings cap.Benefits accrue at the rate of 1/40th of pensionablesalary for each year of service. In addition, a lumpsum equivalent to 2.25 years' pension is payable onretirement.Officials Accrued pension at age 60 Real increase in CETV at 31 CETV at 31 Real increaseas at 31 March 2007 and pension and related March 2007 March 2006 in CETVrelated lump sum lump sum at age 60 (a) (b)£000 £000 £000 £000 £000Ken Macdonald QC pension 15 - 20 pension 5 - 7.5 256 174 61Director of lump sum 35 - 40 lump sum 10 - 12.5Public <strong>Prosecution</strong>sPeter Lewis pension 40 - 45 pension 0 - 2.5 744 705 26Chief Executive lump sum 125 - 130 lump sum 2.5 - 5(from 15 Jan 07)Richard Foster pension 70 - 75 pension 2.5 - 5 1,552 1,490 58Chief Executive lump sum 215 - 220 lump sum 10 - 12.5(to 12 Jan 07)Claire Hamon pension 5 - 10 pension 0 - 2.5 89 68 17Director Business lump sum n/a lump sum n/aInformation SystemsJohn Graham pension 35 - 40 pension 0 - 2.5 834 755 49Director Finance lump sum 115 - 120 lump sum 5 - 7.5Angela O'Connor pension 25 - 30 pension 0 - 2.5 493 479 8Director Human lump sum 85 - 90 lump sum 0 - 2.5Resources(to 19 Nov 06)Ros McCool pension 25 - 30 pension 0 - 2.5 513 473 34Director Human lump sum 75 - 80 lump sum 5 - 7.5Resources(from 15 Jan 07)THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


83DEPARTMENTAL REMUNERATION REPORTOfficials Accrued pension at age Real increase in CETV at 31 CETV at 31 Real increase60 as at 31 March 2007 pension and related March 2007 March 2006 in CETVand related lump sum lump sum at age 60 (a) (b)£000 £000 £000 £000 £000Séamus Taylor pension 20 - 25 pension 0 - 2.5 296 279 12Director of Equality lump sum 60 - 65 lump sum 2.5 - 5and DiversityPeter Lewis pension 40 - 45 pension 0 - 2.5 704 684 11Director Business lump sum 120 - 125 lump sum 0 - 2.5Development Directorate(to 14 Jan 07)Steve Przybylski pension 40 - 45 pension 0 - 2.5 979 908 29Acting Director Business lump sum 130 - 135 lump sum 2.5 - 5Development Directorate(from 15 Jan 07)Philip Geering pension 20 - 25 pension 0 - 2.5 382 354 7Director Policy lump sum 70 - 75 lump sum 0 - 2.5(to 31 Dec 06)Roger Daw pension 25 - 30 pension 0 - 2.5 462 431 12Director, Policy lump sum 85 - 90 lump sum 0 - 2.5(from 16 Jan 07)Dru Sharpling pension 5 - 10 pension 0 - 2.5 118 92 22CCP, London lump sum 15 - 20 lump sum 2.5 - 5Jim England pension 25 - 30 pension 0 - 2.5 395 381 11CCP, West Mercia lump sum 75 - 80 lump sum 0 - 2.5(to 31 Oct 06)Judith Walker pension 25 - 30 pension 0 - 2.5 510 509 -CCP, South Yorkshire lump sum 80 - 85 lump sum 0 - 2.5(from 23 Mar 07)Portia Ragnauth pension 20 - 25 pension 0 - 2.5 332 309 13CCP, Durham lump sum 60 - 65 lump sum 2.5 - 5Neil Franklin pension 35 - 40 pension 0 -2.5 829 772 20CCP, West Yorkshire lump sum 105 - 110 lump sum 2.5 - 5Deborah King pension 20 - 25 pension 0 - 2.5 490 469 9ABM, Merseyside lump sum 70 - 75 lump sum 0 - 2.5(to 31 Jan 07)Adele Clarke pension 15 - 20 pension 0 - 2.5 210 209 -ABM, Northumbria lump sum 45 - 50 lump sum 0 - 2.5(from 23 Mar 07)a) Where an official ceased to act as a Board member during the year, the CETV shown is that at their date of departing the Board.b) Where an official has joined the Board during the year, the comparative CETV shown is that at their date of joining the Board.Ken Macdonald QCAccounting Officer9 July 2007


NOTES84THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


85ANNEX A - CASEWORK STATISTICSIn these statistics, a defendant represents oneperson in a single set of proceedings, which mayinvolve one or more charges. A set of proceedingsusually relates to an incident or series of relatedincidents that are the subject of a police file. If aset of proceedings relates to more than oneperson, then each is counted as a defendant.Sometimes one person is involved in several setsof proceedings during the same year: if so, he orshe is counted as a defendant on each occasion.The figures comprise defendants dealt with by the42 Areas of the <strong>Service</strong>, but do not include thespecialised casework handled by the CaseworkDivisions.Chart 1 Magistrates' courts: caseloadPre-charge decisions: In all but minor cases, andthose where a guilty plea is anticipated, <strong>Crown</strong>Prosecutors are responsible for deciding whether aperson should be charged with a criminal offenceand, if so, what that offence should be inaccordance with the Director's Guidelines. Thefigures shown here comprise all such decisions,regardless of whether the decision was toprosecute or not. Many pre-charge decisions willhave been made in cases subsequently prosecutedby the CPS.Prosecuted by the CPS: This figure comprises alldefendants charged or summonsed whose casewas completed in magistrates' courts during theperiod, including those proceeding to a trial orguilty plea, those discontinued, and those whichcould not proceed. Cases committed or sent fortrial in the <strong>Crown</strong> Court are not included inmagistrates' caseload data. Further information onthe type of finalisations is shown at chart 3.Other proceedings: Non-criminal matters, suchas forfeiture proceedings under the ObscenePublications Acts.Chart 2 Magistrates' courts: types of casesSummaryChart 1 shows the number of cases dealt with bythe CPS in 2006-07 and in the two preceding years.The number of defendants prosecuted by the CPSfell by 7.7% during the year. Several factors mayaffect this figure, including the number of arrests;the impact of the early involvement ofprosecutors; the number of offences cleared upby the police; and the number of offenderscautioned by the police. The current fall incaseload may also be related to lower levels ofrecorded crime, and to an increasing number ofcomparatively minor offences now dealt with byway of a fixed penalty without CPS involvement.2004-05 2005-06 2006-07Pre-charge decisions 441,194 570,757 584,216Prosecuted by the CPS 1,168,078 1,082,385 998,910Other proceedings 7,028 3,890 3,873Indictable only/either wayChart 2 shows the different types of cases dealtwith by the CPS in magistrates' courts. They are:Summary: Cases which can be tried only in themagistrates' courts.Indictable only/either way: Indictable onlycases can be tried only in the <strong>Crown</strong> Court, buteither way cases may be tried either inmagistrates' courts or in the <strong>Crown</strong> Court.


ANNEX A - CASEWORK STATISTICS862004-05 % 2005-06 % 2006-07 %Summary 792,725 63.6 725,993 62.6 669,217 62Indictable only/either way 453,115 36.4 433,985 37.4 410,869 38Total 1,245,840 1,159,978 1,080,086Chart 3 Magistrates' courts: case outcomesDiscontinuances (including bind overs)Warrants etcDischargesDismissals no case to answerDismissals after trialProofs in absenceGuilty pleasConvictions after trialChart 3 shows the outcome of defendant casescompleted during the year. These are cases wherea decision has been made by the police or CPS tocharge or summons. Cases may proceed toprosecution or be discontinued at any stage ofthe proceedings up to the start of trial.Discontinuances: Consideration of the evidenceand of the public interest may lead the CPS todiscontinue proceedings at any time before thestart of the trial. The figures include both casesdiscontinued in advance of the hearing andthose withdrawn at court. Also included arecases in which the defendant was bound over tokeep the peace.Warrants etc: When the prosecution cannotproceed because the defendant has failed toappear at court and a Bench Warrant has beenissued for his or her arrest; or the defendant hasdied; or where proceedings are adjournedindefinitely.Discharges: Committal proceedings in which thedefendant is discharged.Dismissals no case to answer: Cases in whichthe defendant pleads not guilty and prosecutionevidence is heard, but proceedings are dismissed bythe magistrates without hearing the defence case.Dismissals after trial: Cases in which thedefendant pleads not guilty and proceedings aredismissed by the magistrates after hearing thedefence case - a not guilty verdict.Proofs in absence: These are mostly minormotoring matters which are heard by the court inthe absence of the defendant.Guilty pleas: Where the defendant pleads guilty.Convictions after trial: Cases in which thedefendant pleads not guilty but is convicted afterthe evidence is heard.2004-05 % 2005-06 % 2006-07 %Discontinuances 146,268 12.5 126,047 11.6 107,651 10.8(including bind overs)Warrants etc 53,408 4.6 36,191 3.3 26,013 2.6Discharges 3,444 0.3 2,420 0.2 2,325 0.2Dismissalsno case 3,681 0.3 3,037 0.3 2,281 0.2to answerDismissalsafter trial 17,839 1.5 18,868 1.7 18,618 1.9Proofs inabsence 169,681 14.5 168,874 15.6 150,741 15.1Guilty pleas 716,082 61.3 674,925 62.4 646,181 64.7Convictionsafter trial 57,675 4.9 52,023 4.8 45,100 4.5Total 1,168,078 1,082,385 998,910Discontinuances have continued to fall substantially,from 16.2% in 2001-02 to 15.5% in 2002-03, to13.8% in 2003-04, to 12.5% in 2004-05, to 11.6%in 2005-06, and to 10.8% in 2006-07, reflecting thepositive impact of the Charging initiative.Convictions rose from 76.8% of all outcomes in2002-03 to 78.9% in 2003-04, to 80.8% in2004-05, to 82.8% in 2005-06, and to 84.3% in2006-07. Over the same period, unsuccessfuloutcomes fell from 23.2% in 2002-03, to 21.1%in 2003-04, to 19.2% in 2004-05, to 17.2% in2005-06, and to 15.7% in 2006-07. This wasanother positive outcome of Charging.Where a defendant pleads guilty to some chargesin a set of proceedings, and not guilty to othersthat subsequently go to trial, the above figuresTHE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


87ANNEX A - CASEWORK STATISTICSinclude both the guilty plea and the outcome ofthe subsequent contested hearing.Chart 4: Magistrates' courts: committals tothe <strong>Crown</strong> CourtCommittals for sentence: Some defendantstried and convicted by the magistrates arecommitted to the <strong>Crown</strong> Court for sentence, ifthe magistrates decide that greater punishment isneeded than they can impose.2004-05 2005-06 2006-07Prosecuted bythe CPS 94,737 93,727 92,340Appeals 11,960 12,741 13,364Committalsfor sentence 19,672 21,918 20,695In addition to the above cases, which werecompleted in magistrates' courts, the followingnumbers of defendants were committed or sentfor trial in the <strong>Crown</strong> Court:2004-05 2005-06 2006-07Committals 93,936 92,598 91,900for trialThe number of defendants prosecuted fell by1.5% during 2006-07.Chart 6: <strong>Crown</strong> Court: source of committalsfor trialMagistrates’ directionsDefendants’ electionsIndictable onlyChart 5: <strong>Crown</strong> Court caseloadProsecuted by the CPSAppealsCommittals for sentenceMagistrates' direction: These are either wayproceedings which the magistrates thought wereserious enough to call for trial in the <strong>Crown</strong> Court.Defendants' elections: These are either wayproceedings in which the defendant chose <strong>Crown</strong>Court trial.Indictable only: These are more serious caseswhich can only be tried in the <strong>Crown</strong> Court.Chart 5 shows the number of defendants whosecase was completed in the <strong>Crown</strong> Court:Prosecuted by the CPS: This figure comprises allcases proceeding to trial or guilty plea in the <strong>Crown</strong>Court, together with those discontinued or dropped bythe CPS after having been committed or sent for trial.The outcome of these proceedings is shown at chart 7.Appeals: Defendants tried in magistrates' courtsmay appeal to the <strong>Crown</strong> Court against theirconviction and/or sentence.2004-05 % 2005-06 % 2006-07 %Magistrates' 49,355 54.3 49,330 54.8 48,320 54directions:Defendants' 5,045 5.6 5,025 5.6 5,443 6.1elections:Indictable 36,490 40.1 35,626 39.6 35,654 39.9only:Total: 90,890 89,981 89,417Indictable only cases represented 39.9% of thetotal compared with only 18.2% in 1991-92.


ANNEX A - CASEWORK STATISTICS88Chart 7: <strong>Crown</strong> Court: case outcomesJudge ordered acquittalsWarrants etcJudge directed acquittalsAcquittals after trialGuilty pleasConvictions after trialCases against defendants committed for trial in the<strong>Crown</strong> Court can be completed in several ways:Judge ordered acquittals: These are cases whereproblems are identified after a case is committed orsent to the <strong>Crown</strong> Court. The prosecution offers noevidence, and the judge orders a formal acquittalof the defendant. These include cases where anevidential deficiency has been identified, where thedefendant has serious medical problems; or hasalready been dealt with for other offences; or whenwitnesses are missing. Cases sent to the <strong>Crown</strong>Court under s51 Crime and Disorder Act 1998 andsubsequently discontinued are also included in thistotal. Also included are cases in which charges donot proceed to a trial, and the defendant is boundover to keep the peace.Warrants etc: When the prosecution cannotproceed because the defendant fails to attendcourt and a Bench Warrant has been issued for hisor her arrest; or the defendant has died; or isfound unfit to plead. If the police trace a missingdefendant, then proceedings can continue.Judge directed acquittals: These are caseswhere, at the close of the prosecution case againstthe defendant, a successful submission of 'no case'or 'unsafe' is made on behalf of the defendant,and the judge directs an acquittal rather thanallow the case to be determined by the jury.Acquittals after trial: When the defendantpleads not guilty and, following a trial, is acquittedby the jury.Convictions after trial: Cases in which thedefendant pleads not guilty but, following a trial,is convicted by the jury.2004-05 % 2005-06 % 2006-7 %Judgeordered 13,430 14.2 12,389 13.2 12,102 13.1acquittals(including bind overs)Warrants etc 1,635 1.7 1,505 1.6 1,188 1.3Judgedirected 1,883 2.0 1,555 1.7 1,316 1.4acquittalsAcquittals 5,976 6.3 5,927 6.3 5,996 6.5after trialGuilty pleas 58,222 61.5 60,252 64.3 60,918 66Convictions 13,591 14.3 12,099 12.9 10,820 11.7after trialTotal 94,737 93,727 92,340Convictions rose to 77.7% compared with 75.8%in 2004-05 and 77.2% in 2005-06, whileunsuccessful outcomes fell to 22.3% comparedwith 24.2% in 2004-05 and 22.8% in 2005-06.The above figures include acquittals following amix of guilty and not guilty pleas where a trial hasensued, as well as those in which the defendantpleaded not guilty to all counts on the indictment.AGENT USAGEThe proportion of half-day sessions in magistrates'courts covered by lawyers in private practice actingas agents in 2006-07 was 19.6% compared with22.8% in 2005-06.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07Guilty pleas: Where the defendant pleads guilty.


89ANNEX B - GUIDANCE ISSUED BY THE DIRECTORGuidance Issued by the DirectorDuring the period of this report, the Director ofPublic <strong>Prosecution</strong>s has issued guidance underSection 37A(1) of the Police and CriminalEvidence Act 1985 as amended by the CriminalJustice Act 2003, as follows:• The Director's Guidance on Charging (ThirdEdition) which added the new Fraud Actoffences with effect from 15 January 2007.• The Director's Guidance on ConditionalCautioning (Fourth Edition) which added thenew Fraud Act offences with effect from 15January 2007.All S37A Guidance is available on the CPS website.


ANNEX C - CODE FOR THE CROWN PROSECUTORS90Code for <strong>Crown</strong> ProsecutorsThe <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> is the principalpublic prosecuting authority for England and Walesand is headed by the Director of Public<strong>Prosecution</strong>s. The Attorney General is accountableto Parliament for the <strong>Service</strong>.The <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> is a nationalorganisation consisting of 42 Areas. Each Area isheaded by a Chief <strong>Crown</strong> Prosecutor andcorresponds to a single police force area, with onefor London. It was set up in 1986 to prosecutecases investigated by the police.Although the <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> worksclosely with the police, it is independent of them.The independence of <strong>Crown</strong> Prosecutors is offundamental constitutional importance. Caseworkdecisions taken with fairness, impartiality andintegrity help deliver justice for victims, witnesses,defendants and the public.The <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> co-operates withthe investigating and prosecuting agencies ofother jurisdictions.The Director of Public <strong>Prosecution</strong>s is responsiblefor issuing a Code for <strong>Crown</strong> Prosecutors undersection 10 of the <strong>Prosecution</strong> of Offences Act1985, giving guidance on the general principles tobe applied when making decisions aboutprosecutions. This is the fifth edition of the Codeand replaces all earlier versions. For the purpose ofthis Code, '<strong>Crown</strong> Prosecutor' includes membersof staff in the <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> who aredesignated by the Director of Public <strong>Prosecution</strong>sunder section 7A of the Act and are exercisingpowers under that section.1 INTRODUCTION1.1 The decision to prosecute an individual is aserious step. Fair and effective prosecution isessential to the maintenance of law and order.Even in a small case a prosecution has seriousimplications for all involved - victims, witnessesand defendants. The <strong>Crown</strong> <strong>Prosecution</strong><strong>Service</strong> applies the Code for <strong>Crown</strong>Prosecutors so that it can make fair andconsistent decisions about prosecutions.1.2 The Code helps the <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong>to play its part in making sure that justice isdone. It contains information that is importantto police officers and others who work in thecriminal justice system and to the generalpublic. Police officers should apply theprovisions of this Code whenever they areresponsible for deciding whether to charge aperson with an offence.1.3 The Code is also designed to make sure thateveryone knows the principles that the <strong>Crown</strong><strong>Prosecution</strong> <strong>Service</strong> applies when carrying outits work. By applying the same principles,everyone involved in the system is helping totreat victims, witnesses and defendants fairly,while prosecuting cases effectively.2 GENERAL PRINCIPLES2.1 Each case is unique and must be considered onits own facts and merits. However, there aregeneral principles that apply to the way in which<strong>Crown</strong> Prosecutors must approach every case.2.2 <strong>Crown</strong> Prosecutors must be fair, independentand objective. They must not let any personalviews about ethnic or national origin, disability,sex, religious beliefs, political views or thesexual orientation of the suspect, victim orwitness influence their decisions. They mustnot be affected by improper or undue pressurefrom any source.2.3 It is the duty of <strong>Crown</strong> Prosecutors to make surethat the right person is prosecuted for the rightoffence. In doing so, <strong>Crown</strong> Prosecutors mustalways act in the interests of justice and notsolely for the purpose of obtaining a conviction.2.4 <strong>Crown</strong> Prosecutors should provide guidanceand advice to investigators throughout theinvestigative and prosecuting process. This mayinclude lines of inquiry, evidential requirementsand assistance in any pre-charge procedures.<strong>Crown</strong> Prosecutors will be proactive inidentifying and, where possible, rectifyingevidential deficiencies and in bringing to anearly conclusion those cases that cannot bestrengthened by further investigation.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


91ANNEX C - CODE FOR THE CROWN PROSECUTORS2.5 It is the duty of <strong>Crown</strong> Prosecutors to review,advise on and prosecute cases, ensuring that thelaw is properly applied, that all relevant evidenceis put before the court and that obligations ofdisclosure are complied with, in accordance withthe principles set out in this Code.2.6 The <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> is a publicauthority for the purposes of the Human RightsAct 1998. <strong>Crown</strong> Prosecutors must apply theprinciples of the European Convention onHuman Rights in accordance with the Act.3 THE DECISION TO PROSECUTE3.1 In most cases, <strong>Crown</strong> Prosecutors areresponsible for deciding whether a personshould be charged with a criminal offenceand if so, what that offence should be.<strong>Crown</strong> Prosecutors make these decisions inaccordance with this Code and the Director'sGuidance on Charging. In those cases wherethe police determine the charge, which areusually more minor and routine cases, theyapply the same provisions.3.2 <strong>Crown</strong> Prosecutors make charging decisionsin accordance with the Full Code Test (seesection 5 below), other than in those limitedcircumstances where the Threshold Testapplies (see section 6 below).3.3 The Threshold Test applies where the case isone in which it is proposed to keep thesuspect in custody after charge, but theevidence required to apply the Full Code Testis not yet available.3.4 Where a <strong>Crown</strong> Prosecutor makes a chargingdecision in accordance with the ThresholdTest, the case must be reviewed in accordancewith the Full Code Test as soon as reasonablypracticable, taking into account the progressof the investigation.4 REVIEW4.1 Each case the <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong>receives from the police is reviewed to makesure that it is right to proceed with aprosecution. Unless the Threshold Test applies,the <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> will only startor continue with a prosecution when the casehas passed both stages of the Full Code Test.4.2 Review is a continuing process and <strong>Crown</strong>Prosecutors must take account of any changein circumstances. Wherever possible, theyshould talk to the police first if they arethinking about changing the charges orstopping the case. <strong>Crown</strong> Prosecutors shouldalso tell the police if they believe that someadditional evidence may strengthen the case.This gives the police the chance to providemore information that may affect the decision.4.3 The <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> and the policework closely together, but the finalresponsibility for the decision whether or nota charge or a case should go ahead rests withthe <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong>.5 THE FULL CODE TEST5.1 The Full Code Test has two stages. The firststage is consideration of the evidence. If thecase does not pass the evidential stage itmust not go ahead no matter how importantor serious it may be. If the case does pass theevidential stage, <strong>Crown</strong> Prosecutors mustproceed to the second stage and decide if aprosecution is needed in the public interest.The evidential and public interest stages areexplained below.The Evidential Stage5.2 <strong>Crown</strong> Prosecutors must be satisfied that thereis enough evidence to provide a 'realisticprospect of conviction' against each defendanton each charge. They must consider what thedefence case may be, and how that is likely toaffect the prosecution case.5.3 A realistic prospect of conviction is anobjective test. It means that a jury or bench ofmagistrates or judge hearing a case alone,properly directed in accordance with the law,is more likely than not to convict thedefendant of the charge alleged. This is aseparate test from the one that the criminalcourts themselves must apply. A court shouldonly convict if satisfied so that it is sure of adefendant's guilt.


ANNEX C - CODE FOR THE CROWN PROSECUTORS925.4 When deciding whether there is enoughevidence to prosecute, <strong>Crown</strong> Prosecutorsmust consider whether the evidence can beused and is reliable. There will be many casesin which the evidence does not give anycause for concern. But there will also be casesin which the evidence may not be as strongas it first appears. <strong>Crown</strong> Prosecutors mustask themselves the following questions:Can the evidence be used in court?a Is it likely that the evidence will beexcluded by the court? There are certainlegal rules which might mean thatevidence which seems relevant cannot begiven at a trial. For example, is it likely thatthe evidence will be excluded because ofthe way in which it was gathered? If so, isthere enough other evidence for a realisticprospect of conviction?Is the evidence reliable?b Is there evidence which might support ordetract from the reliability of a confession?Is the reliability affected by factors such asthe defendant's age, intelligence or levelof understanding?cWhat explanation has the defendantgiven? Is a court likely to find it credible inthe light of the evidence as a whole? Doesit support an innocent explanation?d If the identity of the defendant is likely tobe questioned, is the evidence about thisstrong enough?efIs the witness's background likely toweaken the prosecution case? For example,does the witness have any motive that mayaffect his or her attitude to the case, or arelevant previous conviction?Are there concerns over the accuracy orcredibility of a witness? Are these concernsbased on evidence or simply informationwith nothing to support it? Is there furtherevidence which the police should be askedto seek out which may support or detractfrom the account of the witness?5.5 <strong>Crown</strong> Prosecutors should not ignoreevidence because they are not sure that it canbe used or is reliable. But they should lookclosely at it when deciding if there is arealistic prospect of conviction.The Public Interest Stage5.6 In 1951, Lord Shawcross, who was AttorneyGeneral, made the classic statement on publicinterest, which has been supported byAttorneys General ever since: “It has neverbeen the rule in this country - I hope it neverwill be - that suspected criminal offencesmust automatically be the subject ofprosecution”. (House of Commons Debates,volume 483, column 681, 29 January 1951.)5.7 The public interest must be considered ineach case where there is enough evidence toprovide a realistic prospect of conviction.Although there may be public interest factorsagainst prosecution in a particular case, oftenthe prosecution should go ahead and thosefactors should be put to the court forconsideration when sentence is being passed.A prosecution will usually take place unlessthere are public interest factors tendingagainst prosecution which clearly outweighthose tending in favour, or it appears moreappropriate in all the circumstances of thecase to divert the person from prosecution(see section 8 below).5.8 <strong>Crown</strong> Prosecutors must balance factors forand against prosecution carefully and fairly.Public interest factors that can affect thedecision to prosecute usually depend on theseriousness of the offence or thecircumstances of the suspect. Some factorsmay increase the need to prosecute butothers may suggest that another course ofaction would be better.The following lists of some common publicinterest factors, both for and againstprosecution, are not exhaustive. The factors thatapply will depend on the facts in each case.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


93ANNEX C - CODE FOR THE CROWN PROSECUTORSSome common public interest factors infavour of prosecution5.9 The more serious the offence, the more likelyit is that a prosecution will be needed in thepublic interest. A prosecution is likely to beneeded if:aA conviction is likely to result in asignificant sentence;b A conviction is likely to result in aconfiscation or any other order;cA weapon was used or violence wasthreatened during the commission ofthe offence;d The offence was committed against aperson serving the public (for example, apolice or prison officer, or a nurse);efThe defendant was in a position ofauthority or trust;The evidence shows that the defendantwas a ringleader or an organiser ofthe offence;g There is evidence that the offence waspremeditated;h There is evidence that the offence wascarried out by a group;ijkThe victim of the offence was vulnerable,has been put in considerable fear, orsuffered personal attack, damage ordisturbance;The offence was committed in the presenceof, or in close proximity to, a child;The offence was motivated by any form ofdiscrimination against the victim's ethnic ornational origin, disability, sex, religiousbeliefs, political views or sexual orientation,or the suspect demonstrated hostilitytowards the victim based on any of thosecharacteristics;5.10lThere is a marked difference between theactual or mental ages of the defendantand the victim, or if there is any elementof corruption;m The defendant's previous convictions orcautions are relevant to the present offence;n The defendant is alleged to havecommitted the offence while under anorder of the court;o There are grounds for believing that theoffence is likely to be continued orrepeated, for example, by a history ofrecurring conduct;p The offence, although not serious in itself,is widespread in the area where it wascommitted; orq A prosecution would have a significantpositive impact on maintaining communityconfidence.Some common public interest factorsagainst prosecutionA prosecution is less likely to be needed if:aThe court is likely to impose anominal penalty;b The defendant has already been made thesubject of a sentence and any furtherconviction would be unlikely to result in theimposition of an additional sentence or order,unless the nature of the particular offencerequires a prosecution or the defendantwithdraws consent to have an offence takeninto consideration during sentencing;cThe offence was committed as a result of agenuine mistake or misunderstanding(these factors must be balanced againstthe seriousness of the offence);d The loss or harm can be described asminor and was the result of a singleincident, particularly if it was caused by amisjudgement;


ANNEX C - CODE FOR THE CROWN PROSECUTORS94efThere has been a long delay between theoffence taking place and the date of thetrial, unless:• The offence is serious;• The delay has been caused in part by thedefendant;• The offence has only recently come tolight; or• The complexity of the offence has meantthat there has been a long investigation;A prosecution is likely to have a bad effecton the victim's physical or mental health,always bearing in mind the seriousness ofthe offence;g The defendant is elderly or is, or was atthe time of the offence, suffering fromsignificant mental or physical ill health,unless the offence is serious or there is realpossibility that it may be repeated. The<strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong>, wherenecessary, applies Home Office guidelinesabout how to deal with mentallydisordered offenders. <strong>Crown</strong> Prosecutorsmust balance the desirability of diverting adefendant who is suffering from significantmental or physical ill health with the needto safeguard the general public;h The defendant has put right the loss orharm that was caused (but defendantsmust not avoid prosecution or diversionsolely because they pay compensation); oriDetails may be made public that couldharm sources of information, internationalrelations or national security.5.11 Deciding on the public interest is notsimply a matter of adding up the numberof factors on each side. <strong>Crown</strong> Prosecutorsmust decide how important each factor isin the circumstances of each case and goon to make an overall assessment.The relationship between the victimand the public interest5.12 The <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> does notact for victims or the families of victims inthe same way as solicitors act for theirclients. <strong>Crown</strong> Prosecutors act on behalf ofthe public and not just in the interests ofany particular individual. However, whenconsidering the public interest, <strong>Crown</strong>Prosecutors should always take intoaccount the consequences for the victim ofwhether or not to prosecute, and anyviews expressed by the victim or thevictim's family.5.13 It is important that a victim is told about adecision which makes a significantdifference to the case in which they areinvolved. <strong>Crown</strong> Prosecutors should ensurethat they follow any agreed procedures.6 THE THRESHOLD TEST6.1 The Threshold Test requires <strong>Crown</strong>Prosecutors to decide whether there is at leasta reasonable suspicion that the suspect hascommitted an offence, and if there is,whether it is in the public interest to chargethat suspect.6.2 The Threshold Test is applied to those cases inwhich it would not be appropriate to release asuspect on bail after charge, but the evidenceto apply the Full Code Test is not yet available.6.3 There are statutory limits that restrict the timea suspect may remain in police custody beforea decision has to be made whether to chargeor release the suspect. There will be caseswhere the suspect in custody presents asubstantial bail risk if released, but much ofthe evidence may not be available at the timethe charging decision has to be made. <strong>Crown</strong>Prosecutors will apply the Threshold Test tosuch cases for a limited period.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


95ANNEX C - CODE FOR THE CROWN PROSECUTORS6.4 The evidential decision in each case will requireconsideration of a number of factors including:• The evidence available at the time;• The likelihood and nature of furtherevidence being obtained;• The reasonableness for believing thatevidence will become available;• The time it will take to gather that evidenceand the steps being taken to do so;• The impact the expected evidence will haveon the case;• The charges that the evidence will support.6.5 The public interest means the same as underthe Full Code Test, but will be based on theinformation available at the time of chargewhich will often be limited.6.6 A decision to charge and withhold bail must bekept under review. The evidence gathered mustbe regularly assessed to ensure the charge isstill appropriate and that continued objection tobail is justified. The Full Code Test must beapplied as soon as reasonably practicable.7 SELECTION OF CHARGES7.1 <strong>Crown</strong> Prosecutors should select charges which:aReflect the seriousness and extent of theoffending;b Give the court adequate powers tosentence and impose appropriate postconvictionorders; andcEnable the case to be presented in a clearand simple way. This means that <strong>Crown</strong>Prosecutors may not always choose orcontinue with the most serious chargewhere there is a choice.7.2 <strong>Crown</strong> Prosecutors should never go aheadwith more charges than are necessary just toencourage a defendant to plead guilty to afew. In the same way, they should never goahead with a more serious charge just toencourage a defendant to plead guilty to aless serious one.7.3 <strong>Crown</strong> Prosecutors should not change thecharge simply because of the decision madeby the court or the defendant about wherethe case will be heard.8 DIVERSION FROM PROSECUTIONAdults8.1 When deciding whether a case should beprosecuted in the courts, <strong>Crown</strong> Prosecutorsshould consider the alternatives toprosecution. Where appropriate, theavailability of suitable rehabilitative, reparativeor restorative justice processes can beconsidered.8.2 Alternatives to prosecution for adultsuspects include a simple caution and aconditional caution.Simple caution8.3 A simple caution should only be given if thepublic interest justifies it and in accordancewith Home Office guidelines. Where it is feltthat such a caution is appropriate, <strong>Crown</strong>Prosecutors must inform the police so theycan caution the suspect. If the caution is notadministered, because the suspect refuses toaccept it, a <strong>Crown</strong> Prosecutor may review thecase again.Conditional caution8.4 A conditional caution may be appropriatewhere a <strong>Crown</strong> Prosecutor considers thatwhile the public interest justifies a prosecution,the interests of the suspect, victim andcommunity may be better served by thesuspect complying with suitable conditionsaimed at rehabilitation or reparation. Thesemay include restorative processes.8.5 <strong>Crown</strong> Prosecutors must be satisfied thatthere is sufficient evidence for a realisticprospect of conviction and that the publicinterest would justify a prosecution should theoffer of a conditional caution be refused orthe offender fail to comply with the agreedconditions of the caution.


ANNEX C - CODE FOR THE CROWN PROSECUTORS968.6 In reaching their decision, <strong>Crown</strong> Prosecutorsshould follow the Conditional Cautions Codeof Practice and any guidance on conditionalcautioning issued or approved by the Directorof Public <strong>Prosecution</strong>s.8.7 Where <strong>Crown</strong> Prosecutors consider aconditional caution to be appropriate, theymust inform the police, or other authorityresponsible for administering the conditionalcaution, as well as providing an indication ofthe appropriate conditions so that theconditional caution can be administered.Youths8.8 <strong>Crown</strong> Prosecutors must consider the interestsof a youth when deciding whether it is in thepublic interest to prosecute. However <strong>Crown</strong>Prosecutors should not avoid prosecutingsimply because of the defendant's age. Theseriousness of the offence or the youth's pastbehaviour is very important.8.9 Cases involving youths are usually onlyreferred to the <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> forprosecution if the youth has already receiveda reprimand and final warning, unless theoffence is so serious that neither of thesewere appropriate or the youth does not admitcommitting the offence. Reprimands and finalwarnings are intended to prevent reoffendingand the fact that a further offencehas occurred indicates that attempts to divertthe youth from the court system have notbeen effective. So the public interest willusually require a prosecution in such cases,unless there are clear public interest factorsagainst prosecution.9 MODE OF TRIAL9.1 The <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> applies thecurrent guidelines for magistrates who haveto decide whether cases should be tried inthe <strong>Crown</strong> Court when the offence gives theoption and the defendant does not indicate aguilty plea. <strong>Crown</strong> Prosecutors shouldrecommend <strong>Crown</strong> Court trial when they aresatisfied that the guidelines require them todo so.9.2 Speed must never be the only reason forasking for a case to stay in the magistrates'courts. But <strong>Crown</strong> Prosecutors shouldconsider the effect of any likely delay if theysend a case to the <strong>Crown</strong> Court, and anypossible stress on victims and witnesses if thecase is delayed.10 ACCEPTING GUILTY PLEAS10.1 Defendants may want to plead guilty tosome, but not all, of the charges.Alternatively, they may want to plead guiltyto a different, possibly less serious, chargebecause they are admitting only part of thecrime. <strong>Crown</strong> Prosecutors should only acceptthe defendant's plea if they think the courtis able to pass a sentence that matches theseriousness of the offending, particularlywhere there are aggravating features.<strong>Crown</strong> Prosecutors must never accept aguilty plea just because it is convenient.10.2 In considering whether the pleas offered areacceptable, <strong>Crown</strong> Prosecutors should ensurethat the interests of the victim and, wherepossible, any views expressed by the victim orvictim's family, are taken into account whendeciding whether it is in the public interest toaccept the plea. However, the decision restswith the <strong>Crown</strong> Prosecutor.10.3 It must be made clear to the court on whatbasis any plea is advanced and accepted. Incases where a defendant pleads guilty to thecharges but on the basis of facts that aredifferent from the prosecution case, andwhere this may significantly affect sentence,the court should be invited to hear evidenceto determine what happened, and thensentence on that basis.10.4 Where a defendant has previously indicatedthat he or she will ask the court to take anoffence into consideration when sentencing,but then declines to admit that offence atcourt, <strong>Crown</strong> Prosecutors will considerwhether a prosecution is required for thatoffence. <strong>Crown</strong> Prosecutors should explainto the defence advocate and the court thatthe prosecution of that offence may besubject to further review.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


97ANNEX C - CODE FOR THE CROWN PROSECUTORS10.5 Particular care must be taken whenconsidering pleas which would enable thedefendant to avoid the imposition of amandatory minimum sentence. When pleasare offered, <strong>Crown</strong> Prosecutors must bear inmind the fact that ancillary orders can bemade with some offences but not with others.b Cases which are stopped so that moreevidence which is likely to becomeavailable in the fairly near future can becollected and prepared. In these cases,the <strong>Crown</strong> Prosecutor will tell thedefendant that the prosecution may wellstart again; and11 PROSECUTORS' ROLE IN SENTENCING11.1 <strong>Crown</strong> Prosecutors should draw the court'sattention to:cCases which are stopped because of alack of evidence but where moresignificant evidence is discovered later.• Any aggravating or mitigating factorsdisclosed by the prosecution case;• Any victim personal statement;• Where appropriate, evidence of the impactof the offending on a community;• Any statutory provisions or sentencingguidelines which may assist;• Any relevant statutory provisions relatingto ancillary orders (such as anti-socialbehaviour orders).11.2 The <strong>Crown</strong> Prosecutor should challenge anyassertion made by the defence in mitigationthat is inaccurate, misleading or derogatory. Ifthe defence persist in the assertion, and itappears relevant to the sentence, the courtshould be invited to hear evidence todetermine the facts and sentence accordingly.12 RE-STARTING A PROSECUTION12.1 People should be able to rely on decisionstaken by the <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong>.Normally, if the <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong>tells a suspect or defendant that there willnot be a prosecution, or that theprosecution has been stopped, that is theend of the matter and the case will not startagain. But occasionally there are specialreasons why the <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong>will re-start the prosecution, particularly ifthe case is serious.12.2 These reasons include:aRare cases where a new look at the originaldecision shows that it was clearly wrongand should not be allowed to stand;12.3 There may also be exceptional cases inwhich, following an acquittal of a seriousoffence, the <strong>Crown</strong> Prosecutor may, with thewritten consent of the Director of Public<strong>Prosecution</strong>s, apply to the Court of Appealfor an order quashing the acquittal andrequiring the defendant to be retried, inaccordance with Part 10 of the CriminalJustice Act 2003.The Code is a public document. It is availableon the CPS website: www.cps.gov.ukFurther copies may be obtained from:CPS Communications Branch50 Ludgate HillLondon EC4M 7EXTel: 020 7796 8442Fax: 020 7796 8030E-mail: publicity.branch@cps.gsi.gov.ukOr go to:www.cps.gov.ukTranslations into other languages and audioor Braille copies are available. Contact CPSCommunications Branch for details. The CPSPublic Enquiry Point can provide generalinformation on the CPS and advice on who tocontact. The unit cannot give legal advice,but may be able to offer you practicalinformation.CPS Public Enquiry Point:Tel: 020 7796 8500 Phone calls may be recordedE-mail for enquiries and comments:enquiries@cps.gsi.gov.uk


ANNEX D - DESIGNATED CASEWORKERS GENERAL INSTRUCTIONS98DIRECTOR OF PUBLIC PROSECUTIONS'GENERAL INSTRUCTIONS TO CROWNPROSECUTION SERVICE DESIGNATEDCASEWORKERS, PURSUANT TO SECTION7A(3) AND (4) OF THE PROSECUTION OFOFFENCES ACT 1985 ('the Act')1. Preamble1.1 These instructions will take effect on 2 January2006, and will apply to all CPS employeesdesignated by the Director in accordance withsection 7A(1) of the Act. Any such employeewill be referred to in these instructions as aDesignated Caseworker ['DCW'].1.2 These instructions apply whether the DCWhas been so designated prior to the datespecified in paragraph 1.1, upon that date, orsubsequently.1.3 Upon these instructions taking effect inaccordance with paragraphs 1.1 and 1.2, allprevious instructions issued to DCWspursuant to section 7A(3) and (4) of the Act,and set out in the appropriate Annex of theDirector's Annual Report to the AttorneyGeneral in accordance with section 7A(7)(c)of the Act, will cease to have effect.1.4 The Director may from time to time issueguidance to CPS Areas as to how to approachimplementation of these instructions, anddealing with related matters includingprocedures for supervision of DCWs andtraining requirements relevant to certain duties.2. Powers and Rights of Audience2.1 All DCWs will exercise the powers and rightsof audience of a <strong>Crown</strong> Prosecutor in theconduct of criminal proceedings inmagistrates' courts, including thoseconcerning a defendant's application for bail,or application in relation to bail (includingproceedings for breach of bail), whether ornot the matter is contested and whether ornot the defendant is an adult or youth,except to the extent that the proceedings areany of the excluded proceedings listed inparagraph 2.4 below.2.2 All DCWs will exercise the powers of a <strong>Crown</strong>Prosecutor in the conduct of criminalproceedings in magistrates’ courts, includingthe power to review such proceedings inaccordance with the Code for <strong>Crown</strong>Prosecutors and to determine suchproceedings, except to the extent that theproceedings are any of the excludedproceedings listed in paragraph 2.4 below.2.3 The powers of a DCW to review anddetermine proceedings are further subject toSection 3 below.2.4 For the purpose of these instructions,excluded proceedings are proceedings:• For an offence triable only at the<strong>Crown</strong> Court;• For an either way offence in relation towhich the defendant has, at a previoushearing, elected to be tried at the <strong>Crown</strong>Court;• For an either way offence in relation towhich the magistrates have decided, at aprevious hearing, that <strong>Crown</strong> Court trialwould be more suitable;• For an offence in relation to which a noticeof transfer has been given under section 4of the Criminal Justice Act 1987 or section53 of the Criminal Justice Act 1991;• That take the form of a criminal trial,beginning with the opening of theprosecution case after the entry of a plea ofnot guilty by the defendant or thedefendant's representative and ending withthe conviction or acquittal of the defendant;• That take the form of a Newton Hearing; or• That take the form of a 'special reasons'hearing, namely where the offence carriesobligatory disqualification and thedefendant is calling evidence in support of'special reasons' as to why he or she shouldnot be disqualified from driving.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


99ANNEX D - DESIGNATED CASEWORKERS GENERAL INSTRUCTIONS2.5 A DCW may exercise the powers and rights ofaudience of a <strong>Crown</strong> Prosecutor in order toprove a summary matter in the defendant'sabsence under section 12 of the Magistrates'Court Act 1980, if and only if there has beenno response to the summons and the courtproceeds to hear the case in the absence ofthe accused.3. Powers to Review and DetermineProceedings3.1 The fundamental principle is that DCWs shallonly review magistrates' courts cases whichare straightforward and which involve nodifficult technical issue, or other complicationof fact or law.3.2 Consistent with that basic principle, DCWsshall only review summary or either wayoffences where:• The defendant is an adult; and• The matter is summary-only or consideredto be suitable for summary disposal; and• A guilty plea is reasonably expected; or• (if otherwise) The offence is a minor roadtraffic offence, provided that the defendantis not a youth.3.3 A guilty plea may reasonably be expectedwhere a defendant has admitted the offenceto police, or the offence has been witnessedby a police officer or police officers and thedefendant has given no indication that he orshe will plead not guilty.3.4 A DCW may not review a case in relation towhich any of the following applies:• The decision to charge was not made incompliance with the Director's Guidance onCharging under section 37A of the Policeand Criminal Evidence Act 1984, where it isin force in the Area;• The offence is indictable only;• Where a summary matter, the defendanthas pleaded not guilty and the matter hasalready been set down for summary trial;• Where an either way offence, the matter isawaiting committal or transfer;• The offence requires the consent of theDirector of Public <strong>Prosecution</strong>s orAttorney General;• The case involves a defendant who is a youth;• The matter may be considered sensitive, forexample it involves a fatality, a child victim,the defendant is a serving police officer, itrelates to a racial incident, or there is someother relevant factor likely to place the casewithin such a category of sensitivity;• The charges allege the burglary of adwelling, or the supply or possession withintent to supply of a controlled drug,irrespective of whether these offences areadmitted. In relation to the former, a <strong>Crown</strong>Prosecutor will have to determine whethersection 111 of the Powers of CriminalCourts (Sentencing) Act 2000 (the 2000Act) applies. In relation to the latter, a<strong>Crown</strong> Prosecutor will similarly need todetermine whether section 110 of the 2000Act applies, where the drug is Class A, orcommittal to the <strong>Crown</strong> Court for a judgeto consider confiscation under the Proceedsof Crime Act is otherwise appropriate;• Any dispute as to the facts is such as toraise the possibility of an order undersection 58(7) and 58(8) of the CriminalProcedure and Investigations Act 1996relating to derogatory mitigation; or• The matter involves obligatory disqualificationand there is notification from the defendantor the defendant's representative prior to anyreview that evidence will be called in respectof 'special reasons' as to why the defendantshould not be disqualified.


ANNEX D - DESIGNATED CASEWORKERS GENERAL INSTRUCTIONS1003.5 Where it becomes apparent during either thereview of the file, or during a subsequenthearing, that a summons or charge requires aminor amendment, for example, to correct:• An error as to the value of any property;• The date or dates upon which an offencetook place;• The venue for the offence; or• The description of any relevant object(including the registration details of a vehicle),the DCW may amend it or apply to thecourt to amend it without reference to a<strong>Crown</strong> Prosecutor.3.6 Without prejudice to the generality ofparagraph 3.5, where:• The matter charged is a road traffic offenceinvolving production of documents by thedefendant (otherwise than in specifiedproceedings), and the defendant hasproduced documents to the court's PoliceLiaison Officer (PLO) or other police officer;and• The DCW is satisfied, as a result of speakingto the PLO or other police officer (or uponseeing a suitable signed statement fromeither), that the substantive charge is nolonger sustainable,the DCW may withdraw the substantive chargeor summons without reference to a <strong>Crown</strong>Prosecutor and proceed on any alternativecharges that are also before the court.3.7 Where in situations other than thosedescribed in paragraph 3.5 or 3.6, the DCWproposes a course of action involving theamendment/substitution/withdrawal ordiscontinuance or a charge or summons, a<strong>Crown</strong> Prosecutor must be consulted for adecision. The <strong>Crown</strong> Prosecutor will thenendorse the file as to any decision taken. Ifthe <strong>Crown</strong> Prosecutor is consulted on thetelephone, the DCW should endorse the filewith the decision.THE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07December 2005


101ANNEX E - DESIGNATED CASEWORKERS TRAINING & SELECTIONCriteria for designation1. Applicants for designation are required to havesuccessfully completed probation and possessthree years' relevant experience as aCaseworker or to have a suitable legalqualification. In their written submission theyare required to demonstrate that they meet thecriteria and satisfy the personal competencies.A selection panel considers each applicationand those applicants who pass the sift areinvited to appear before local interview panels.Successful applicants are thereafterrecommended for specialised training.Training2.1 Applicants undertake an intensive <strong>Service</strong>Internal training programme which involvesassimilating a comprehensive Resource packthrough distance learning and attending aFoundation Course (legal principles) and aseparate Advocacy Course.2.2 An applicant is only recommended fordesignation where at the conclusion of theirAdvocacy training they pass an independentassessment of competence undertaken duringthat period.2.3 After successfully completing the Advocacycourse, DCWs have to complete on-linee-learning modules covering CaseManagement Hearings and Custody TimeLimits and a face-to-face one day eventdealing with Bail Applications. It isrecommended that this is done no longerthan three to four months after the Advocacyassessment. The training equips the applicantwith the knowledge and advocacy skills toundertake a review and presentational role inthe magistrates' courts in accordance with theDirector's General Instructions under section7A (4) of the <strong>Prosecution</strong> of Offences Act1985. There are additional required e-learningmodules whose purpose is to further enhancetheir knowledge. These are on DomesticViolence, the Threshold Test, ConditionalCautioning, and the Fraud Act 2006.2.4 A Designated Caseworker must complete 16hours of continuing professional developmenttraining per year.


ANNEX F - YOUR LOCAL CPS1021 Avon & SomersetDavid ArcherCCPSarah TrevelyanABM2 BedfordshireRichard Newcombe CCPTim RileyABM3 CambridgeshireRichard CrowleyCCPAdrian MardellABM4 CheshireIan RushtonCCPAngela GarbettABM5 and 25 LondonDru SharplingCCPLesley BurtonODNazir AfzalSD (West)Bob KingSBM (West)Wendy Williams SD (North)Liz Dedman A/SBM (North)Simon Clements SD (South)Clare Toogood SBM (South)René BarclayDSCClare Toogood A/SBMSC6 ClevelandMartin GoldmanCCPMargaret PhillipsABM7 CumbriaClaire LindleyCCPJohn PearsABM8 DerbyshireBrian GunnCCPChris MitchellABM9 Devon & CornwallRoger Coe-SalazarCCPJulie HeronABM10 DorsetKate BrownA/CCPJason PutmanABM11 DurhamPortia RagnauthCCPLyn BurkeA/ABM12 Dyfed-PowysIwan JenkinsCCPJeff ThomasABM13 EssexPaula AbrahamsCCPSusan StovellABM14 GloucestershireAdrian FosterCCPNeil SpillerABM15 Greater ManchesterJohn HoltCCPJean AshtonABM16 GwentChris WoolleyClive Parish17 Hampshire & IOWNick HawkinsDenise Bailey18 HertfordshireCharles InghamLinda Fox19 HumbersideNigel CowgillCaron Skidmore20 KentElizabeth HoweKen Mitchell21 LancashireBob MarshallAngela Walsh22 LeicestershireJanet MeekJane Robinson23 LincolnshireColin ChapmanSue Lloyd24 MerseysidePaul WhittakerAndrew Illingworth25 LondonSee 5 for details26 NorfolkPeter TideyCatherine Scholefield27 NorthamptonshireGrace OnoniwuFiona Campbell28 NorthumbriaNicola ReasbeckAdele Clarke29 North WalesEd BeltramiWray Ferguson30 North YorkshireRobert TurnbullCath Greaves31 NottinghamshireKate CartyGail Pessol32 South WalesChris WoolleyHelen PhillipsA/CCPA/ABMCCPABMCCPABMCCPABMCCPABMCCPABMA/CCPABMCCPA/ABMCCPT/ABMCCPABMCCPABMCCPABMCCPABMCCPA/ABMCCPABMCCPABM33 South YorkshireJudith WalkerChristopher Day34 StaffordshireHarry IrelandBrian Laybourne35 SuffolkKen CaleyCaroline Gilbert36 SurreyTracy EastonBen Widdicombe37 SussexSarah Jane GallagherIain Everett38 Thames ValleyBaljit UbheyKaren Sawitzki39 WarwickshireMark LynnIan Edmondson40 West MerciaChris EnzorLaurence Sutton41 West MidlandsDavid BlundellMike Grist42 West YorkshireNeil FranklinKaren Wright43 WiltshireKaren HarroldKim O’NeillCPS DirectBarry HughesNeil HoldsworthCCPABMCCPABMCCPABMA/CCPA/ABMCCPABMCCPABMCCPABMA/CCPABMCCPABMCCPABMCCPABMCCPA/ABMCCP Chief <strong>Crown</strong> ProsecutorABM Area Business ManagerODOperations DirectorSDSector DirectorSBM Sector Business ManagerDSC Director Serious CaseworkSBMSC Sector Business ManagerSerious CaseworkA/ ActingT/ TemporaryTHE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07Correct as at 6 July 2007


103ANNEX F - CPS AREA/POLICE FORCE BOUNDARY MAP


ANNEX G - GLOSSARY104ABM Area Business ManagerACPO Association of Chief Police OfficersAGO Attorney General's OfficeASB Anti-Social BehaviourASBO Anti-Social Behaviour OrderBCS British Crime SurveyCCP Chief <strong>Crown</strong> ProsecutorCJS Criminal Justice SystemCJSSS Criminal Justice Simple, Speedy, SummaryCMS Case Management SystemCode of Practice for Victims of Crime See Victims’ CodeCode for <strong>Crown</strong> Prosecutors Sets out the principles the CPS applies when carrying out its workCPS <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong>CSR 2007 Comprehensive Spending Review 2007DCA Department for Constitutional Affairs, now the Ministry of JusticeDCC Delivery and Change CommitteeDCW Designated CaseworkerDIP Drug Interventions ProgrammeDPP Director of Public <strong>Prosecution</strong>sDV Domestic ViolenceEU European UnionFIS Family Impact StatementFOI Freedom of InformationFReM Financial Reporting ManualGFS Graduated Fee SchemeGSI Government Secure IntranetHCA Higher Courts AdvocateHMCPSI Her Majesty's <strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> InspectorateHOCS Home Office Citizenship Survey, now the Citizenship SurveyHQ HeadquartersIT Information TechnologyLCJB Local Criminal Justice BoardMOJ Ministry of JusticeNAO National Audit OfficeNCJB National Criminal Justice BoardNEDs Non-Executive DirectorsNSPCC National Society for the Prevention of Cruelty to ChildrenNWNJ No Witness No JusticeOCJR Office for Criminal Justice ReformOGC Office of Government CommercePOCA Proceeds of Crime ActPPOs Prolific and Priority OffendersPSA Target Public <strong>Service</strong> Agreement TargetPSHE Personal Social and Health EducationQC Queen's CounselRCPO Revenue and Customs <strong>Prosecution</strong>s OfficeSDVC Special Domestic Violence CourtSFO Serious Fraud OfficeSOCA Serious Organised Crime AgencySR 2004 Spending Review 2004Victims’ Code Code of Practice for Victims of Crime sets out the servicesvictims can expect to receive from the CJSWCU Witness Care UnitWMS Witness Management SystemTHE CROWN PROSECUTION SERVICE ANNUAL REPORT & RESOURCE ACCOUNTS 2006 - 07


105ANNEX H - TOPIC INDEXPage NumberStrengthening the <strong>Prosecution</strong> ProcessCharging 14CPS Direct 14Advocacy 14Strengthening <strong>Prosecution</strong> of Serious, Sensitive and Complex Crime 16Area Restructuring 17International Crime 17Criminal Justice Simple Speedy Summary (CJSSS) 19Conditional Cautioning 19Pre-Trial Interviews 20Championing Justice and the Rights of VictimsVictims' Code and Prosecutors' Pledge 21No Witness No Justice 21Victims' Advocates 22Children and Young People 22Prosecutors' Role in Sentencing 23Inspiring the Confidence of the Communities We ServeCommunity Engagement 24Tackling Anti-Social Behaviour 25Proceeds of Crime Act (POCA) 26Hate Crimes 27Domestic Violence 27Improving Public Awareness and Confidence in the CPS 28Public Consultation 29Driving Change and Delivery in the CJSJoined-up IT 30Prolific and Priority Offenders 30Drug Interventions Programme 30Animal Rights Extremism 30Community Justice 31<strong>Prosecution</strong> Team Performance Management 31Casework Quality Assurance 31Being Renowned for Fairness, Excellent Career Opportunities and the Commitmentand Skills of all Our People>invest< 32Proactive Prosecutor Programme 32Recruiting and Developing our people 32Legal Trainees/Legal Scholarships 32Management Training 34Representative Workforce 35Maximising Attendance 35Equality and Diversity 35Health and Safety 36Having a Strong Capability to DeliverEffective Management of <strong>Prosecution</strong> Costs 37Maximising the use of COMPASS 37Capability Review 37Comprehensive Spending Review (CSR) 2007 37Estates Management 37Improved Procurement 38Sustainable Development 38Social and Community Issues 38


Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty's Stationery OfficeID5604610 07/07Printed on Paper containing 75% recycled fibre content minimum.


<strong>Crown</strong> <strong>Prosecution</strong> <strong>Service</strong> Headquarters50 Ludgate Hill,London EC4M 7EX.Tel: 020 7796 8000Website address: www.cps.gov.uke-mail address for enquiries and comments:enquiries@cps.gsi.gov.ukPublic Enquiry PointTel: 020 7796 8500Designed by Ecoutez Creative Limitedemail: info@ecoutez.co.ukPublished by TSO (The Stationery Office) and available from:Onlinewww.tsoshop.co.ukMail,Telephone, Fax & E-mailTSOPO Box 29, Norwich, NR3 1GNTelephone orders/General enquiries: 0870 600 5522Order through the Parliamentary Hotline Lo-call 0845 7 023474Fax orders: 0870 600 5533E-mail: customer.services@tso.co.ukTextphone 0870 240 3701TSO Shops16 Arthur Street, Belfast BT1 4GD028 9023 8451 Fax 028 9023 540171 Lothian Road, Edinburgh EH3 9AZ0870 606 5566 Fax 0870 606 5588The Parliamentary Bookshop12 Bridge Street, Parliament Square,London SW1A 2JXTSO@Blackwell and other Accredited Agents

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!