CPS must challenge the police

The Crown Prosecution Service (CPS) must challenge the police to “do better” and develop a clearer role within the criminal justice system (CJS), a report issued by MPs has said.
The House of Commons Justice Committee released the report, which assesses the role of the CPS, last week. It states that the CPS must “take a bold and robust approach as the independent prosecutor, challenging the police to do better”.
The report, The Crown Prosecution Service: Gatekeeper of the Criminal Justice System, also states that the CPS needs to be clear in its aims and purposes and how it relates to the CJS as a whole. The responsibility of the CPS to make decisions regarding prosecution should not be blurred with the police responsibility to investigate, the committee says.
It claims that a lack of clarity in defining the role of the CPS has resulted in inconsistencies. “Failures to define clearly the role of the prosecutor, and the pressures pushing and pulling it in different directions, militate against priorities for consistent delivery,” the report states.
The Government is accused of misleading the public into believing a victim’s views are central to the CJS and the prosecutor is their champion. This notion creates “a damaging misrepresentation of reality” the committee claims. Better explaining the role of the CPS to victims is necessary, the report states, so that “their expectations are managed realistically, rather than raised then disappointed”.
The committee says: “The prosecutor is not able to be an advocate for the victim in the way that the defence counsel is for the defendant, yet government proclamations that the prosecutor is the champion of victims’ rights may falsely give this impression.”
The committee raises concerns that the CPS is “reluctant” to recognise people with mental health problems as credible witnesses. The CPS should be alert to any special needs people may have and should work with police in identifying any special measures that are needed accordingly.
Two new policies have been introduced by the CPS since the committee compiled its report, however, in an effort to ensure that those who have mental health problems or a learning disability will have the same access to justice as anyone else, being able to give evidence and to have that evidence treated seriously.
A “serious weakness” in the CPS is a failure to develop a “consistent, effective and readily understood complaints handling system”, the committee says. The CPS has recognised that the complaints system must become more “open and transparent” and the committee believes that an improved complaints system would provide a “valuable mechanism” for the CPS to learn more about the public and gain feedback on the service it provides.
The committee regards “coordination and sharing of best practice as essential” and says that while a move towards the Scottish model of a single prosecuting authority is not necessary, lessons can and should be learnt from all areas of the prosecuting authorities in England and Wales.
Keir Starmer QC, Director of Public Prosecutions, welcomed the report saying he was “glad that it commends both the CPS’ collaborative working with police and the improvements made in our engagement with victims and witnesses”.
He said since evidence contributing to the report was given to the committee “many advances have been made”, including the Public Prosecution Service: Setting the Standard document published on July 23, outlining the aims of the CPS and giving clarity to the role of the prosecutor and raising a debate about the future of criminal justice.
“The document also makes clear that we are tackling the problem of inconsistency through the introduction of core quality standards against which we will be held publicly accountable,” he said.
“We are committed to becoming more responsive to local communities while delivering a consistent national service. Core quality standards will ensure that we deliver what is expected in every key aspect of our work and thr