§ Mr. CoxTo ask the Attorney-General how many cases there were in 1998 which were referred to the Crown Prosecution Service for criminal proceedings in which no further action was taken. [89178]
The Attorney-GeneralThe table shows the number of cases which the Crown Prosecution Service received from the police, and the number which the Service finalised, during 1998. Both figures are inclusive of cases submitted for pre-charge advice and non-criminal proceedings, and the number of these are shown separately.
The number and proportion of cases in which a prosecution did not proceed are then shown. These outcomes are divided into cases discontinued by the Crown Prosecution Service, and those which were written off because the defendant could not be traced or had died, or because proceedings were adjourned indefinitely.
387WFinally, the number and proportion of cases in which a prosecution proceeded are shown, divided into those where the defendant was bound over, those which proceeded to a committal hearing, and those which proceeded to a trial or guilty plea.
A prosecution did not proceed in 251,167 cases, amounting to 18.5 per cent. of those completed during the year. However, it would not be true to say that no further action was taken in those cases. Every case received by the Crown Prosecution Service is reviewed by a lawyer, who must ascertain whether there is sufficient reliable and admissible evidence to offer a realistic prospect of conviction. If so, then the reviewing lawyer must determine whether a prosecution is in the public interest. The criteria on which these decisions are based are set out in the Code for Crown Prosecutors, and are applied in every case.
If the balance of the evidence or the public interest weigh against a prosecution then the police must be consulted, wherever time allows, before a decision is taken.
Review is a continuing process, extending up until the point at which a hearing begins. Thus a case may proceed as far as the date of the trial before the need for discontinuance becomes apparent and, in these circumstances, the prosecution will have taken all the action necessary to prepare for a contested hearing.
More than half of discontinued cases are unable to proceed because: witnesses fail to appear at court, refuse to give evidence, or change their evidence; defendants produce driving documents providing their innocence on the day of trial; evidence is excluded because of irregularities in its collection; or gaps in the prosecution case cannot be plugged by the police
Cases not proceeding include those written off as well as those discontinued. However, these are quite distinct outcomes: a write off is an administrative procedure whereby dormant cases are removed from the record of live proceedings, so giving a more accurate account of work on hand. The majority of write offs occur where the police cannot trace a defendant for the service of a summons, or where a bench warrant for arrest remains unexecuted following the defendant's failure to surrender to bail. If the defendant is subsequently arrested, the prosecution can recommence.
Crown Prosecution Service Magistrates' Court cases 1998 Number Percentage Received 1,427,837 — Finalised of which 1,430,555 — Pre-charge advice 59,799 — Non-criminal proceedings 11,660 — Did not proceed Discontinued 162,661 12.0 Written off 88,506 6.5 Total cases which did not proceed 2,51,167 18.5 Cases proceeding Bind over 24,914 1.8 Committal hearing 95,073 7.0 Trial or Guilty plea 987.943 72.7 Total cases proceeding 1,107,930 81.5