Police and CPS need more effective communication to reduce inefficiencies

The inspectorates found a lack of strategic governance and coordination, which has led to the duplication of effort, conflicting approaches, and confusion about what to prioritise.

His Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) and His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS) carried out a joint inspection of the building of prosecution cases by the police and Crown Prosecution Service (CPS).

The report on the interim findings was published in January 2024. Following that, the joint inspection team focused on the strategic oversight and development of the working relationship between the police and the CPS.

Despite recommendations made in previous reports and reviews, inspectors found that the fundamental issues in this area remain unchanged. This includes the effectiveness of communications between the police and CPS on the front line, and a lack of clear shared performance metrics and prosecution team priorities.

The inspection also found that overly bureaucratic systems, a lack of coordinated IT and processes, police file quality, timeliness of CPS charging advice, and changes to what needs to be included in police files were causing inefficiencies and frontline frustrations.

On a local level, inspectors said that these factors can have a significant impact upon the culture, communication and partnership working between the police and CPS.

However, inspectors said that recent changes implemented at senior levels in both policing and the CPS have had a positive effect on the approach to joint working on the frontline. The Strategic Joint Operational Improvement Board has driven changes, developed pilots and challenged current practices to address the factors causing the most significant problems.

Inspectors have made 18 recommendations, which if implemented, they say will secure major improvements in the efficiency of the criminal justice system. These include the National Criminal Justice Board:

• Creating and publishing a clear strategy to oversee the delivery of improvement across the criminal justice system, but specifically the prosecution team;
• Creating a viable, realistic plan for securing a national joint police and CPS digital case management system or multiple, fully compatible systems; and
• Commissioning a joint review (supported by independent expertise) of performance data in lieu of publishing a national set of common metrics to enable effective scrutiny of all relevant aspects of the police’s and CPS’s performance in pre- and post-charge cases.

Chief Inspector of HMCPSI, Anthony Rogers and His Majesty’s Chief Inspector of Constabulary Sir Andy Cooke said: “The relationship between the police and the CPS is critical in an efficient and effective criminal justice system, that increases public trust and importantly to provide better outcomes for victims.

“Over the years, we have seen many changes in the way they interact and work together. Most recently, we have seen changes made to disclosure and case building processes, which have increased inefficiencies and tensions between policing and CPS.

“Successive inspections by HMCPSI and HMICFRS have identified the need to improve case management between the police and the CPS.

“This has been a complex inspection, with a number of issues needing to be examined further and to the degree necessary. However, it is clear that fundamental issues remain unchanged, including on joined up processes and priorities. There is no clear strategy for improvement being driven across the system and there continues to be a lack of shared performance metrics.

“However, since our interim inspection, we have seen changes at senior levels in both policing and the CPS, which have led to much more effective senior joint relationships. We are seeing early signs of senior collaboration having a positive impact on the approach to joint working at the frontline.”

They added: “We are encouraged by the work to address some of the inefficiencies, including the approach of trying and testing innovative ways to improve how the police and CPS work together.

“But we cannot view the police and CPS in isolation, and we are deeply concerned there is a lack of strategic governance and coordination across the criminal justice system.

“That is why we are calling on the National Criminal Justice Board to publish a clear strategy to ensure all parts of the criminal justice system are aligned and are working towards the same goal – improving performance and delivering justice for victims.”

In a joint statement, the CPS and National Police Chiefs’ Council, said: “Police and prosecutors have a shared ambition to produce effective case files which pass swiftly and efficiently through the system so we can secure justice as quickly as we can for victims of crime.

“Relationships between police officers and colleagues in the CPS are strong, allowing us to work constructively together to bring perpetrators to justice. This includes holding senior bi-monthly meetings designed to help streamline ways of working and get the system moving quicker.

“Earlier this month, our joint working saw us publish revised guidance – developed by police and prosecutors – to support both organisations in building strong case files. Such initiatives have resulted in significant improvements in file quality.

“We are glad the positive impact of senior collaboration has been recognised, but know more work is needed. We will consider the recommendations relevant to the CPS and policing and remain strongly committed to working together to improve outcomes for victims, witnesses, and the public.”