APPENDIX 36
Memorandum submitted by the Crown Prosecution
Service
EXECUTIVE SUMMARY
The Crown Prosecution Service (CPS) is
committed to raising awareness of, and effectively prosecuting,
domestic violence.
The CPS has developed and circulated
comprehensive domestic violence policy and guidance, as well as
a Training Manual and Good Practice Guidance.
The 2005-08 domestic violence work programme
focuses on:
— building capacity
and competence;
— monitoring, managing
and reporting performance;
— a strategic and
operational role for Domestic Violence Coordinators in CPS Areas;
— improving services
for victims and witnesses; and
— developing partnership
working.
The CPS has adopted minimum standards
of service for victims. It has established multi-agency Witness
Care Units in every CPS area, and works closely with Independent
Domestic Violence Advisors and specialist victim support services.
All prosecutors have received training on "special measures"
for vulnerable or intimidated witnesses.
Multi-agency working is a key component
of our domestic violence work. The CPS works with other Government
Departments and voluntary sector agencies in delivering and reviewing
the Specialist Domestic Violence Court Programme. The Service
is proactive at both local and national level in working with
a range of communities to develop policy and improve performance.
We are now building on our domestic violence work by developing
a `Violence against Women' strategy and action plans with external
partners.
1. INTRODUCTION
1.1 The Crown Prosecution
Service (CPS) was set up in 1986 as an independent authority to
prosecute criminal cases investigated by the police in England
and Wales. It is a Non-Ministerial Government Department headed
by the Director of Public Prosecutions (DPP). The DPP is superintended
by the Attorney General, who is accountable to Parliament for
the Service. The CPS consists of 15 Area Groups, which cover 42
Areas co-terminous with CJS areas. Each CPS Area is headed by
a Chief Crown Prosecutor (CCP) who reports to the DPP on Area
performance. A virtual 43rd Area, CPS Direct, is headed by a CCP
and provides out of hours charging advice to the police. Three
casework Divisions, based in CPS Headquarters, deal with the prosecution
of serious organised crime, terrorism and specialised prosecution
cases.
1.2 Before charging a defendant
and proceeding with a prosecution, Crown Prosecutors must first
review each case against the Code for Crown Prosecutors. This
sets out the principles the CPS applies when carrying out its
work. Those principles are:
— whether there
is enough evidence to provide a realistic prospect of conviction
against each defendant on each charge; and, if so,
— whether a prosecution
is needed under the public interest.
1.3 The CPS aims to become
a world class prosecuting authority that delivers a valued public
service. Our current strategic themes are:
— strengthening
the prosecution process;
— championing justice
and the rights of victims;
— driving change
and delivery in the CJS;
— inspiring confidence
in the communities it serves; and
— being renowned
for fairness, excellent career opportunities and the commitment
and skills of all its people.
1.4 Tackling domestic violence
and bringing perpetrators to justice is a priority for the CPS.
We are determined to play our part by prosecuting cases effectively
and working in partnership with other agencies.
2. DOMESTIC
VIOLENCE POLICY
AND PRACTICE
2.1 In recent years, the CPS
has transformed its processes and procedures in tackling domestic
violence. This has occurred against the background of wider changes
within the Service, namely:
— prosecutorial
responsibility for most charging decisions;
— the No Witness
No Justice project, designed to improve support for victims and
witnesses; and
— the Effective
Trials Management Project, aimed at improving the effectiveness
and efficiency of trials.
2.2 The first comprehensive
CPS policy and guidance on domestic violence was developed in
2001 to address high attrition rates. A Domestic Violence Coordinator
(DVC) was nominated in every CPS Area to oversee the implementation
of the policy.
2.3 In 2003, the CPS established
a two-year Domestic Violence Project, which aimed to establish
measures to improve prosecutions. The Project set up a Domestic
Violence Board, which oversees the delivery of the work and reports
to the CPS Board. The project governance structure involves external
statutory and voluntary sector partners.
2.4 The joint CPS/Police thematic
inspection of domestic violence made recommendations to improve
performance, and resulted in the revision of CPS policy and guidance
in early 2005. This incorporated subsequent changes to the law,
in particular changes arising from the Domestic Violence, Crime
and Victims Act 2004.
2.5 To support these changes,
a Domestic Violence Training Manual was developed jointly with
the National Policing Improvement Agency.[243]
The Domestic Violence Project also issued Good Practice Guidance
(GPG) to CPS Areas in 2005.
2.6 In addition, during the
progress of the Domestic Violence Crime and Victims Act 2004 through
Parliament, the CPS ensured the experience and concerns of its
practitioners were reflected in the legislation. In particular,
the creation of a new offence of "familial homicide"
(under section 5) and the provision of common assault as an alternative
to a count of assault occasioning actual bodily harm (section
11). Since then, the CPS has worked closely with ACPO and the
Ministry of Justice to develop guidance on key provisions within
the 2004 Act, including non-molestation orders.
3. CPS DOMESTIC
VIOLENCE WORK
PROGRAMME 2005-08
Building capacity and competence
3.1 The CPS has built capacity
and competence in its staff through the DVCs, a national training
programme and an Employee Domestic Violence Policy.
— Area DVCs liaise
with the Crime and Disorder Reduction Partnership (CDRP) domestic
violence forums and work in partnership with local statutory and
voluntary agencies.
— A three-year domestic
violence training programme for all prosecutors and caseworkers
commenced April 2005 for completion by March 2008. By August 2007,
2,548 employees had been trained; 62% of the total figure to be
trained. The training covers: identification and monitoring of
cases; policy implementation and guidance to deliver effective
prosecutions; and service provision for victims and witnesses.
— Specialist prosecutors
have been trained to work in SDVCs.
— The CPS has introduced
a Proactive Prosecutor Programme of training for all prosecutors,
which aims to improve case building and management. This also
addresses domestic violence.
— In 2003, the CPS
was the first Government Department to produce an Employee Domestic
Violence Policy. This was revised in 2007. It was recognised by
the Domestic Violence Inter-Ministerial Group as best practice
across Government. In July 2007, all Human Resource Advisors were
trained on the policy.
Monitoring, managing and reporting performance
3.2 The CPS has developed
a rigorous performance management framework to measure outcomes
against Public Service Agreement (PSA) targets. In April 2005,
a Hate Crime Indicator was introduced along with a target for
reducing all unsuccessful hate crime prosecutions from 42% to
36%, by April 2006.[244]
The CCPs have to provide the DPP with regular updates on domestic
violence as part of their reporting on the Hate Crime Indicator.[245]
3.3 Since 2004-05, unsuccessful
outcomes in domestic violence cases have fallen significantly,
alongside a reduction in cases that have been discontinued by
the CPS and those in which a bindover has been used. For domestic
violence cases (the majority of hate crime cases), unsuccessful
outcomes fell to 32.8%.
|
| Timeframe | DV Numbers
| % successful | % unsuccessful
| DCN | Bind
overs
|
|
| Q1 2007-08 | 14,966
| 67.2% | 32.8%
| 26.3% | 7.1%
|
| 2006-07 | 57,361
| 65.2% | 34.8%
| 27.9% | 9.6%
|
| 2005-06 | 49,782
| 59.7% | 40.3%
| 33.0% | 14.9%
|
| 2004-05 | 34,839
| 55.0% | 45.0%
| 37.0% | 18.2%
|
|
3.4 There has been an increase of 51% in
the number of domestic violence cases prosecuted by the CPS since
the quarter ending June 2005. The increase in successful convictions
up to 67% is a significant improvement against the background
of an increasing volume of prosecutions.
3.5 A new target of 28% unsuccessful prosecutions
for hate crimes has been set for April 2008, with a sub-target
for domestic violence of 30%.[246]
3.6 Enhanced electronic monitoring was
introduced in April 2007 to gather information such as victim
retractions and flagging of forced marriage/so-called honour based
violence. In November this year, we will begin to monitor relationship
information and support for victims provided by specialist agencies.
Gathering such data allows us to build up a better picture of
performance and to identify where gaps in service provision exist.
Domestic Violence Coordinators
3.7 Domestic Violence Coordinators (DVCs)
have a strategic and operational role in CPS Areas. Their role
includes:
— advising colleagues on policy
implementation;
— supporting performance management;
— helping to increase public
awareness; and
— implementing the GPG (Good
Practice Guidance).
3.8 Since 2006, an annual audit of implementation
of the GPG has been undertaken. Recommendations are made appropriate
to each Area to inform their annual Business Plans.
Raising awareness
3.9 The CPS has undertaken an extensive
range of awareness raising initiatives since 2005, and these have
included:
— involvement in the International
Day Against Violence towards Women;
— domestic violence articles
in CPS News (distributed to all staff) alerting staff to
domestic violence issues;
— DVC meetings to share good
practice and address queries;
— a Domestic Violence Newsletter
that covers key issues;
— campaigns for the month of
action on domestic violence with other government departments;
— a publicity campaign in spring
2006 about Violence against Women and Children, which identified
offences and gave information about support for victims and perpetrators.
The CPS worked on this awareness-raising initiative with community
support agencies, the Foreign and Commonwealth Office and Home
Office. Dissemination was targeted at community organisations;
and
— supporting the 2007 Dress
for Success campaign, whereby CPS staff donated good quality
clothes for domestic violence victims attending job interviews.
4. CPS SERVICE TO
VICTIMS AND
WITNESSES OF
DOMESTIC VIOLENCE
Minimum standards of service
4.1 Minimum standards of service for all
victims are contained in No Witness, No Justice Minimum
Requirements, the Victims' Code of Practice (as outlined in the
DVCVA 2004), and the Prosecutors' Pledge. They are further detailed
in the GPG. The service we provide includes:
— developing systems with courts
and the police to ensure that the results of court hearings, including
bail hearings, are communicated to victims and witnesses as soon
as possible;
— keeping victims informed about
the progress of their case;
— helping victims and witnesses,
including children, to feel more confident in giving evidence
by providing general advice and information on the services and
facilities available to them;
— supporting the pre-court familiarisation
process/witness support conducted by the Witness Service;
— consulting with victims, wherever
possible, on bindovers and bail conditions;
— directly communicating with
victims where decisions have been taken to drop or substantially
alter a charge (as detailed in our Direct Communication with Victims
scheme); and
— working with local courts to
ensure the safety of victims and witnesses in court (eg, by alerting
security staff to potential difficulties).
Witness Care Units
4.2 Multi-agency Witness Care Units (WCUs)
have been established in every CPS Area through the No Witness,
No Justice programme. In domestic violence cases, Witness
Care Officers (WCOs):
— ensure that a single point
of contact provides tailored support to victims and witnesses
from the point of charge through to the finalisation of a case;
— forge links with police officers
to ensure that witnesses are supported and can provide their
best evidence in court;
— refer victims to specialist
domestic violence organisations where appropriate;
— identify vulnerable and intimidated
victims and witnesses to allow special measures applications to
be made by the CPS where necessary;
— arrange for Victim Personal
Statements to be taken;
— offer support such as child
care and transport; and
— facilitate pre-trial visits
to court through the Witness Service.
Working with IDVAs and victim support services
4.3 In SDVCs, Independent Domestic Violence
Advisors (IDVAs) provide support for victims both inside and outside
the CJS. The first 25 SDVCs were selected in 2005-0and a further
39 in 2006-0 The CPS pioneered SDVCs by organising independent
evaluations of the first five SDVCs and two Pilots set up in 2004.[247]
4.4 The 2007-08 SDVC work plan includes
a review of the 25 SDVCs and development of further SDVCs, bringing
the total to approximately 100, with linked support for victims
through Independent Domestic Violence Advisors (IDVAs) and Multi-Agency
Risk Assessment Conferences (MARACs).
4.5 Areas are encouraged to work in partnership
with IDVAs and local specialist services, including those working
with minority communities, to ensure victims are supported appropriately.
The Good Practice Guidance advises Areas to develop local protocols
that clearly define the roles and responsibilities of the WCU,
dedicated police officers and IDVAs.
Special measures
4.6 Special measures are available under
the Youth Justice and Criminal Evidence Act 1999 to victims and
witnesses who are deemed vulnerable or intimidated. The purpose
of these measures is to enable victims and witnesses to give their
best evidence and to ensure that witnesses do not feel intimidated
during the trial process.
4.7 All prosecutors have received training
on special measures (eg, providing evidence behind a screen).
The CPS has also prepared a leaflet for voluntary organisations,
outlining what special measures are available and who is eligible
to apply for them.
5. PARTNERSHIP WORKING
5.1 Multi-agency working is a key component
of our domestic violence work. Nationally, the CPS works with
other Government Departments in the Domestic Violence Virtual
Unit, which reports to the Inter-Ministerial Group. It also liaises
on a regular basis with ACPO.
5.2 The GPG recommends the development
of local partnership working and community engagement. CPS Areas
participate in Local Criminal Justice Boards and the CDRP domestic
violence forums. DVCs have developed protocols with local partners
to detail the roles and responsibilities of each agency and share
information. They also link with specialist support agencies,
including IDVAs.
5.3 The CPS recognises the need for the
criminal and family justice systems to work together on cases
dealt with in both jurisdictions. The CPS initiated work on information
sharing that resulted in an amendment to the Family Proceedings
Rules and a family/criminal practice guide. This resulted in the
drafting of Related Family and Criminal Proceedings: A Good
Practice Guide by experienced legal professionals, the CPS
and local government. This Guide is due to be published later
this Autumn, at the request of the Family-Criminal Interface Committee.[248]
5.4 The CPS also works in partnership with
the Home Office, Her Majesty's Courts Service and an expert panel
including key voluntary sector agencies, in monitoring, reviewing
and developing further the SDVC Programme.
Involving communities and addressing diversity
5.5 Each CPS Area is required to have in
place a programme of community engagement on domestic violence.
The Areas are assessed on this work through the annual GPG audit.
In 2006-07, 38 Areas had improved, or maintained, their domestic
violence community engagement from 2005-6. 95% of DVCs attended
local domestic violence forums, compared with 80% in 2005-6. 48%
of Areas engaged with diverse groups, compared with 38% in 2005-6.
5.6 The GPG advises CPS Areas on their
work with a range of different communities. Areas now monitor
defendants and victims by gender, ethnicity, disability and religion.
Same sex relationships will also be identified from November 2007
through the electronic monitoring of the relationship between,
and gender of, victims and defendants.
5.7 A domestic violence Equality and Diversity
Review was carried out in July 2007, which included an analysis
of domestic violence data by gender and ethnicity. Focus groups
involving a range of communities are planned for 2008 to address
equality and diversity issues and identify any changes needed
to CPS policy, guidance and training.
5.8 In July 2007, a pilot on forced marriage/so-called
honour based violence commenced in four CPS Areas: Lancashire,
London, West Midlands, and West Yorkshire. This will run until
March 2008, and is overseen by a steering group that includes
community groups. The group has developed guidance, electronic
flagging of cases and training for selected prosecutors. The aims
are to:
— identify the number and patterns
of cases;
— identify issues facing prosecutors
in identifying, managing and prosecuting these cases; and
— inform the development of any
national guidance and training for prosecutors to improve these
prosecutions and increase support for victims.
The CPS Research Team is currently evaluating the
pilots. A report will be published in summer 2008.
Developing wider work on Violence against Women
5.9 The CPS Single Equality Scheme has
committed the Service to developing a Violence against Women strategy
and action plans in 2007-08 with external partners in the voluntary
sector. The project aims to ensure the strategic coordination,
rationalisation and an improved prosecution response to a range
of crimes, including:
— forced marriage/so-called honour
based violence;
— female genital mutilation;
— rape and sexual offences;
— sexual harassment at work.
5.10 Its objectives are to improve prosecutions;
improve support for victims (including CPS employees); and increase
public confidence in crimes involving violence against women.
2 October 2007
243
Formerly known as "CENTREX". Back
244
The Hate Crime Indicator is expressed as, "to reduce unsuccessful
outcomes in Hate Crime cases by [date]". Back
245
This also includes religiously and racially aggravated and homophobic
crime. From April 2007 disability hate crimes are included. Back
246
Domestic violence accounts for 80% of all hate crime and the targets
for individual hate crimes are "weighted" to reflect
that position. Back
247
See http://www.cps.gov.uk/Publications/equality/index.html for
full evaluation reports. Back
248
This Committee was jointly established by the former President
of the Family Division and the then Solicitor General Harriet
Harman QC, and chaired by the Hon Mr Justice Hedley, High Court
Family Division. Back
| 
