THE ESTABLISHMENT OF THE CPS INSPECTORATE
1. BACKGROUND
1.1 The Crown Prosecution Service Inspectorate
(CPSI) was established in 1996 as an integral part of the CPS
itself, being located within the Directorate of Casework Evaluation.
Its first full operational year was 1997-98. During that period
it was, in common with the rest of the CPS, scrutinised by the
review of the Crown Prosecution Service (the Glidewell Review)
which commented favourably upon its work. It did, however, make
recommendations for introducing greater independence into the
Inspectorate which it also recommended should have a wider remit.
The Government subsequently decided that the Inspectorate should
be placed on an independent statutory footing as soon as the legislative
timetable permitted. The appointment of a new Chief Inspector
to oversee and take forward these changes was announced in December
1998 and took effect on 22 March 1999.
2. CURRENT SITUATION
2.1 Against this background, CPSI commenced
a change programme during 1999-2000. In addition to the changes
mentioned above, it also addressed the need for CPSI to adapt
its methodology and working arrangements to the new and more decentralised
structure of the CPS, together with its new management style.
The most significant consequence was the decision to change the
basis of inspection from Branches (previously 94) to Areas (42).
The other main changes are:
(i) Inspections will, in future, be based
on a two year cycle, rather than the four year cycle of the previous
Branch based inspection programme. This change is specifically
at the request of the Director of Public Prosecutions and the
Chief Executive of the CPS. The new structure of the CPS is unusual
in having 42 CCPs, each reporting to the DPP/Chief Executive,
with no intermediate tier of management. The inspection process
will therefore be a major source of assurance for them as to the
quality of casework and overall performance in CPS Areas.
(ii) The inspection process would continue
to focus mainly on the quality of casework decision-making and
casework handling, but will in future extend to all matters which
go to support the casework process. In effect, the Inspectorate
will examine all aspects of Area performance, basing its work
on 12 non-legal themes, in addition to the existing legal themes.
2.2 Notwithstanding these changes, the purpose
of CPSI remains unchanged: to promote the efficiency and effectiveness
of the CPS through a process of inspection and evaluation, the
provision of advice, and the identification and promotion of good
practice.
2.3 The combined effect of the decision
to reduce the inspection cycle from four years to two years and
that CPSI should have a wider remit is to require a significant
expansion of staffing which will increase in total from 22 to
37. CPSI has recently moved to separate accommodation outside
CPS headquarters. This was in any event necessary because accommodation
pressures generally in CPS headquarters ruled out the possibility
of any additional accommodation there. Reinforcement of the Inspectorate's
independent status is a useful incidental benefit.
2.4 The Crown Prosecution Service Inspectorate
Bill was introduced into the House of Lords in November 1999 and
completed the Lords stages of its Parliamentary consideration
during January 2000. It is at present awaiting Second Reading
in the House of Commons. There is, however, no impediment to swift
implementation (subject to the conventional two month period between
Royal Assent and implementation) and it is expected that CPSI
will be constituted as a statutory independent body during autumn
2000. It will constitute a separate self-contained unit with day-to-day
management being in the hands of the Chief Inspector. The Chief
Inspector will be appointed by, and report to, the Attorney General.
An Advisory Board (containing an external element) will advise
on overall strategy and the work programme.
2.5 The Glidewell report also recommended
that CPSI undertake an enhanced programme of thematic reviews.
Those planned for 2000-2001 include the handling of cases involving
an ethnic minority dimension, custody time limit compliance, offences
arising out of fatal road traffic accidents and, provided the
necessary funding and other arrangements can be agreed, rape.
2.6 The Chief Inspector is also developing,
at the specific request of the Attorney General, the role of lay
inspectors. This initiative is intended to bring a new perspective
to the work of CPSI by involving informed members of the public
in the inspection process. They will look at the way in which
the CPS relates to the public, through its dealings with the victims
and witnesses, its external communications and liaison, its handling
of complaints and its interpretation of the public interest test
contained in the Code for Crown Prosecutors. CPSI is greatly assisted
in the development of this initiative by co-operation which it
is receiving from Victim Support, Citizens Advice Bureaux and
the National Association for the Care and Resettlement of Offenders.
2.7 The work programme for 1999-2000 reflected
the need to accommodate the substantial change being implemented
in both the CPS and CPSI. A policy decision was taken that it
would be inappropriate to pursue any Area inspections for the
first six months after the restructuring of the CPS which took
effect on 1 April 1999. The work of CPSI therefore focused on
the concluding stages (report writing and publication etc) of
work already in hand, preparing the legislation necessary to put
the Inspectorate on an independent statutory basis, developing
and agreeing with the DPP and the Law Officers the wider remit
of the Inspectorate, revising the methodology of CPSI in the light
of the changes to its environment, and developing a programme
of Area inspections which took effect from 1 November 1999.
2.8 During 1999-2000, CPSI undertook three
thematic reviews. Reports have already been published on "Advocacy
and Case Presentation" and on "CPS compliance with its
duties in relation to Disclosure of Unused Material". The
latter has been recognised as a significant contribution to the
current review of the operation of the disclosure regime contained
in the Criminal Procedure and Investigations Act 1996. A third
thematic report relating to CPS compliance with its own performance
indicator regime will be published shortly.
2.9 The Area inspection programme commenced
in November 1999 with inspections of Dorset and Merseyside. Publication
of those reports is imminent. Further inspections have been undertaken
in relation to Gloucestershire and West Mercia. Those reports
will be published in about June. Inspections are currently in
hand, or about to commence in Lancashire, Essex and Derbyshire.
The full Area inspection programme (which entails six inspections
proceeding at any particular time) should be fully operational
by July 2000. It could not be fully implemented until the additional
staff required by the CPSI had been recruited (through open competition
in most cases) and sufficiently trained.
2.10 An organogram of CPSI is at D[4]
below, together with the latest draft of the Area inspection programme
E*, and the programme of thematic reviews is at F*.
2.11 In addition to the above work, CPSI
will participate in joint inspections with other criminal justice
inspectorates. This programme will take account of the priorities
agreed for the criminal justice system as a whole. Particular
attention is paid to youth justice and equality issues in all
aspects of the work of CPSI.
4 Not printed. Back
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