Crown Prosecution Service (Hansard, 5 December 1994)

§ 30. Mr. Jim Cunningham
To ask the Attorney-General if he will make a statement regarding the Crown Prosecution Service providing the reasons for non-prosecution of offences to individuals who have been the victims of crime.

§ The Attorney-General (Sir Nicholas Lyell)
The Crown Prosecution Service must provide the police with sufficient information to enable them to inform victims why a case has not been prosecuted.

§ Mr. Cunningham
Although the Attorney-General says that it is up to the police, many victims of crime believe that that should be the responsibility of the CPS. Will the right hon. and learned Gentleman do something about that? Often, victims are utterly bewildered when prosecutions are not brought.

§ The Attorney-General
I well understand that point, and I sympathise with victims. The hon. Gentleman will be aware from the victims charter that it was decided that the most sensible and usual way to communicate with a victim should be via the police. It is for the CPS to provide the police with appropriate information so that they can assist the victim. If a victim is in court, the CPS will often give the appropriate explanation.

§ 31. Mr. Robathan
To ask the Attorney-General what steps he has taken to improve co-operation between the Crown Prosecution Service and the police.

§ The Solicitor-General (Sir Derek Spencer)
The Crown Prosecution Service and the police continue to work together closely. A number of initiatives include a pilot scheme in which Crown Prosecution Service lawyers will hold regular advice surgeries for police officers.

§ Mr. Robathan
I had the opportunity to visit my local CPS in Leicester in the summer, when I was made aware of how vital is close communication between the service and the police. Can my hon. and learned Friend assure me that he will keep pressing both parties to work together, so that there is no repeat of embarrassing incidents recently reported in the press?

§ The Solicitor-General
I can assure my hon. Friend of that. I also had the benefit of visiting the CPS in Leicester. As my hon. Friend discovered, good communication lies at the heart of sound prosecuting. With that much in mind, the police and the CPS are taking forward joint monitoring of their performance nationally and have developed national charging standards for a variety of assaults, ranging from common assault to murder.

§ Mr. John Morris
thank the Attorney-General for his replies to me in respect of the Wimbledon common trial. Does the Solicitor-General accept the trial judge's view that some aspects of the handling of that case were thoroughly reprehensible? Does the hon. and learned Gentleman also accept that there were two grave failures? One was reliance as expert evidence on the testimony of only one psychologist, who was also involved in assisting the police with the gathering of evidence. The other was failure to appreciate that the evidence of the undercover officer would almost inevitably be ruled inadmissible because of the inducement offered.
14 Is the Solicitor-General aware that the stand since taken by the Commissioner of Police of the Metropolis, by the Director of Public Prosecutions and by the Attorney-General—that there was nothing to suggest that anyone acted other than properly—has caused anxiety? Will he assure that House that, to avoid repetition, the Attorney-General himself will be involved with directors at the Crown Prosecution Service to ensure that there will be guidelines—not whether there will be guidelines—in those vital matters?

§ The Solicitor-General
Not for the first time, the right hon. and learned Gentleman is being wise after the event. It is easy to speak with the benefit of hindsight. The case was taken in front of an experienced metropolitan magistrate. It lasted for about 11 days, during which time there was a thorough preliminary inquiry. The magistrate ruled that there was a case to answer. The case was also advised on by senior Treasury counsel. As the case passed both tests, the right hon. and learned Gentleman's idea that there is anything to apologise for is misconceived.

§ 32. Mr. Congdon
To ask the Attorney-General what steps have been taken in the past 12 months to reduce the burden of paperwork required by the Crown Prosecution Service in relation to guilty pleas.

§ The Attorney-General
Since 1 October this year, the police and the Crown Prosecution Service have been participating in a pilot study in six police force areas, including Croydon, on the production of abbreviated files in cases where a guilty plea is anticipated.

§ Mr. Congdon
I welcome my right hon. and learned Friend's answer. Does he agree that the use of information technology could further reduce the burden of paperwork? Does he intend to encourage that?

§ The Attorney-General
My hon. Friend makes a good point. When, a year ago, my hon. and learned Friend the Solicitor-General and I went through, with the police, the detailed forms that they use in the preparation of a case, it was plain that the writing out of names, addresses and other details was dreadfully time consuming. Obviously, one of the best ways in which to help them is to get information technology to perform the task, as that cuts down a great deal of the burden of the paperwork.

§ Mrs. Dunwoody
Can we nevertheless be assured that, in the gathering of information, victims will be closely communicated with about charges? Can we be assured that if, as happened in a horrendous murder case in my constituency, half way through a trial in which there is a guilty plea there is a change in the charge from murder to manslaughter, at least the family of the victim are given an explanation about why that has happened and why the subsequent sentences will, therefore, be very much lighter than they would expect them to be?

§ The Attorney-General
The hon. Lady makes a point with which I have a good deal of sympathy. It is important to try to keep in touch with victims. Obviously, the victim cannot determine what the charge should be; that must be determined carefully and independently. However, a proper explanation to the victim or his family—for example, when a charge changes from murder to 15 manslaughter—is highly desirable and is, indeed, in accordance with best practice, unless there are very special reasons for doing otherwise.

§ Mr. Brazier
Are not two of the best ways in which we can reduce paperwork in those matters, first, by extending to a number of new charges the provision whereby people can plead guilty by post and secondly, by allowing some of the lesser cases to be prosecuted directly by the police or by local solicitors instead of by the Crown Prosecution Service?

§ The Attorney-General
I know that my hon. Friend is a great enthusiast for both points, which he has made before. I am not quite so enthusiastic, although I am looking for constructive ways in which to reach the same goal.