Conviction rates play no part in deciding whether to charge a case, says CPS

The Crown Prosecution Service (CPS) has denied conviction rates play a part in its decision-making after an article claimed it was “failing victims by cherry-picking cases”.

May 22, 2023
By Paul Jacques

It comes after Metropolitan Police Service Commissioner Sir Mark Rowley said in an interview with the Evening Standard that he “believed prosecutors were not taking on the harder cases” and were “cherry-picking easy cases to boost conviction rates instead of taking more suspects to court”.

The CPS said charging decisions were “not a bureaucratic hoop to be jumped through” and the article may have caused unnecessary “concern”.

In fact, of the cases brought to it by the police, the CPS said it authorised a charge in around 78 per cent.

“We always prosecute where there is sufficient evidence and it is in the public interest to do so,” said the CPS. “We never consider how a case may affect our overall conviction rates.

“The CPS and police face a number of challenges.  securing justice for victims of rape and domestic abuse, supporting victims of crimes, tackling serious violence, progressing cases through the justice system efficiently – these must be our shared priorities.

“It is therefore important to recognise the excellent work being done by the CPS and policing colleagues to tackle these issues.”

The CPS said the Joint National Action Plan on rape, for example, has led to “more cases charged, better relationships between police and prosecutors, and more victims seeing justice”.

It added: “Since its inception in January 2021, we’ve seen an 86 per cent increase in the number of charged adult rape cases.

“We intend to continue this work to extend to all crimes where we will similarly transform the victim experience by working with the wider justice system, third sector and victim groups.”

The CPS said it has also worked with senior police colleagues to create “a new charging model that balances speed of charging and file quality, ensuring that strong cases go before the courts”.

“Any suggestion that it would be better for victims for cases that do not meet the test for prosecution to just go to court anyway, for example in the field of domestic abuse cases, is irresponsible and simply wrong,” it added.

“Charging decisions are not a bureaucratic hoop to be jumped through.

“A domestic abuse or stalking case may appear simple at first, perhaps involving an ‘obvious’ offence like common assault or criminal damage, which could be instantly charged and in a magistrates’ court the next day.

“But they are perfect examples of where a specialist lawyer with access to a full police file of background offending can spot a wider pattern of criminal behaviour, bring stronger charges and ensure the long-term safety of victims.”

The CPS said it offers decisions in ‘high-risk’ domestic abuse cases within three hours, adding: “Other lower risk cases need to be further investigated by police with the victim protected throughout.”

It said: “We understand the extreme pressures and criticism the Met has come under in recent years. We stand ready to continue to work closely with the Met Police to improve the standard of the evidence files they send to us to ensure our decisions are as speedy and well-informed as possible.

“It is not an easy task but it can only happen with strong partnership.”

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