§ Mr. BattleTo ask the Solicitor-General how many cases brought before the Crown Prosecution Service by the police were dropped and not proceeded with, and for what reasons, in each year since 1997; and if she will make a statement. [159506]
§ The Solicitor-GeneralThe relevant figures are summarised in the following two tables.
Table 1 shows the number of cases not proceeded with in the magistrates' courts. These comprise both cases discontinued by the Crown Prosecution Service and those written off because the defendant could not be traced by the police, had died or been found unfit to plead. Table 1 also shows the number of cases in which a prosecution proceeded and was completed in the magistrates' courts. These comprise cases in which the defendant: was convicted after trial; convicted after a guilty plea; or convicted in their absence. It also consists of cases dismissed by the magistrates after a full trial or a submission of no case to answer; or cases discharged during the course of a committal hearing.
The table also shows the number and proportion of cases resulting in a conviction and the number and proportion resulting in an unsuccessful outcome. Unsuccessful outcomes comprise cases which did not proceed, and those cases which did proceed but which resulted in a dismissal or discharge.
Table 2 shows the number of cases not proceeded with in the crown court. These comprise cases dropped by the Crown Prosecution Service before a jury was sworn and written off because the defendant could not be traced by the police, had died, or been found unfit to plead.
7WTable 2 also shows the number of cases in which a prosecution proceeded. These comprise cases in which the defendant was convicted after trial or guilty plea; and cases which resulted in an acquittal by the jury, or on the judge's direction.
Table 2 also shows the number and proportion of cases resulting in a conviction at the crown court and those cases which resulted in an unsuccessful outcome, including cases that did not proceed and those which resulted in an acquittal.
The Crown Prosecution Service holds no historical records showing why cases did not proceed: the information is held on individual case files, and could be retrieved only by examining every relevant file in each Crown Prosecution Service office.
The decision whether to proceed with a case is taken in accordance with the criteria set out in the Code for Crown Prosecutors. The code states that a case should only start or continue if there is sufficient evidence to provide a realistic prospect of conviction and, if there is sufficient evidence, where it is in the public interest to proceed. Where there is sufficient evidence, a prosecution will usually take place unless public interest considerations against prosecution clearly outweigh those in favour. The code is applied in every case. Where
Table 1: Cases dropped and cases proceeded with: magistrates' courts 1997 1998 1999 2000 Number % Number % Number % Number % Not proceeded with Discontinued 184,208 15.0 187,575 14.8 191,341 15.0 191,579 15.7 Written off 92,930 7.6 88,506 7.0 86,056 6.7 78,001 6.4 Total not proceeded with 277,138 22.6 276,081 21.8 277,397 21.7 269,580 22.0 Proceeded with Guilty pleas 766,836 62.5 810,952 63.9 820,741 64.3 781,254 63.8 Proved in the absence of the defendant 108,831 8.9 114,133 9.0 114,880 9.0 116,032 9.5 Convictions after trial 53,235 4.3 49,466 3.9 45,108 3.5 39,331 3.2 Discharged at committal 1,711 0.1 922 0.1 799 0.1 852 0.1 Dismissed no case to answer 2,775 0.2 2,248 0.2 1,884 0.1 1,752 0.1 Dismissed after trial 15,548 1.3 15,442 1.2 14,909 1.2 14,876 1.2 Total proceeded with 948,936 77.4 993,163 78.2 998,321 78.3 954,097 78.0 Total convictions 928,902 75.8 974,551 76.8 980,729 76.9 936,677 76.5 Total unsuccessful outcomes 297,172 24.2 294,693 23.2 294,989 23.1 287,060 23.5
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2001 2002 2003 Number % Number % Number % Not proceeded with Discontinued 198,908 16.2 197,940 15.7 181,161 14.4 Written off 73,790 6.0 78,758 6.3 73,421 5.8 Total not proceeded with 272,698 22.1 276,698 22.0 254,582 20.2 Proceeded with Guilty pleas 786,380 63.9 803,859 63.9 796,973 63.1 Proved in the absence of the defendant 117,882 9.6 119,659 9.5 143,838 11.4 Convictions after trial 37,167 3.0 39,516 3.1 46,813 3.7 Discharged at committal 766 0.1 931 0.1 1,689 0.1 Dismissed no case to answer 1,632 0.1 1,722 0.1 2,565 0.2 Dismissed after trial 14,645 1.2 15,458 1.2 15,844 1.3 Total proceeded with 958,472 77.9 981,145 78.0 1,007,722 79.8 Total convictions 947,429 76.5 963,034 76.6 987,624 78.2 Total unsuccessful outcomes 289,747 23.5 294,809 23.4 274,680 21.8 the criteria are not met, then the decision to discontinue is in the interests of justice.
Together with its criminal justice partners, the Crown Prosecution Service is subject to a Public Service Agreement target of increasing the number of offences for which an offender is brought to justice. The service, therefore, seeks to reduce both cases which do not proceed and those which result in an unsuccessful outcome.
A number of initiatives contribute towards this aim. The Crown Prosecution Service has re-structured its front line operations by establishing co-located units in which prosecutors and caseworkers work in partnership with the police to prepare and strengthen cases, focusing resources on more serious cases and providing better support to victims and witnesses. In addition, the service is implementing the recommendations of Sir Robin Auld that they should assume responsibility for determining charges from the outset of the case. The implementation of the Compass Case Management system will provide the Crown Prosecution Service with better information on the progress and outcome of proceedings, allowing managers to identify areas of excellence and areas in which performance requires remedial action. Over time this will include information about the reasons underlying case failures.
9W
Table 2: Cases dropped and cases proceeded with: crown court 1997 1998 1999 2000 Number % Number % Number % Number % Not proceeded with Judge ordered acquittals 8,886 8.3 10,247 10.9 10,828 12.2 11,529 13.4 Written off 1,254 1.2 1,404 1.5 1,431 1.6 1,328 1.5 Total not proceeded with 10,140 9.5 11,651 12.4 12,259 13.9 12,857 15.0 Proceeded with Guilty pleas 74,398 69.8 61,863 65.8 55,705 63.0 53,449 62.3 Convictions after trial 13,266 12.5 11,754 12.5 11,647 13.2 10,959 12.8 Judge directed acquittals 1,740 1.6 1,851 2.0 1,849 2.1 1,789 2.1 Acquittals after trial 6,977 6.5 6,910 7.3 6,958 7.9 6,729 7.8 Total proceeded with 96,381 90.5 82,378 87.6 76,159 86.1 72,926 85.0 Total convictions 87,664 82.3 73,677 78.3 67,352 76.2 64,408 75.1 Total unsuccessful outcomes 18,857 17.7 20,472 21.7 21,066 23.8 21,375 24.9
2001 2002 2003 Number % Number % Number % Not proceeded with Judge ordered acquittals 12,744 15.2 14,340 15.3 14,869 15.1 Written off 1,445 1.7 1,739 1.9 1,921 1.9 Total not proceeded with 14,189 16.9 16,078 17.2 16,790 17.0 Proceeded with Guilty pleas 50,597 60.4 57,024 60.9 60,132 61.0 Convictions after trial 10,803 12.9 12,677 13.5 13,168 13.4 Judge directed acquittals 1,495 1.8 1,442 1.5 1,574 1.6 Acquittals after trial 6,630 7.9 6,402 6.8 6,880 7.0 Total proceeded with 69,525 83.1 77,544 82.8 81,754 83.0 Total convictions 61,400 73.3 69,701 74.4% 73,300 74.4 Total unsuccessful outcomes 22,314 26.7 23,922 25.6 25,244 25.6