2 HM Chief Inspector of the Crown
Prosecution Service
The CPS and HMCPSI
5. The CPS was established in 1986, under the Prosecution
of Offences Act 1985,and the way in which it undertakes its role
is governed by two key documents: the Code for Crown Prosecutors
and the service's Casework Quality Standards. The CPS is the
principal prosecuting authority for England and Wales, acting
independently in criminal cases investigated by the police and
others. The CPS advises the police in the conduct of investigations,
decides whether cases should be prosecuted, and in complex or
serious cases determines the charges to be brought. It prepares
cases and presents them in court, using in-house advocates and
members of the independent criminal bar, and it provides information
and assistance to victims and prosecution witnesses.
6. In 1995 a body was established as an internal
quality assurance unit within the CPS. The Crown Prosecution Service
Inspectorate was constituted as an independent statutory body
on 1 October 2000 following recommendations from Sir Iain Glidewell's
review of the Crown Prosecution Service as a whole. The Crown
Prosecution Service Inspectorate Act 2000 gives the Chief Inspector
the functions of inspecting the CPS, reporting on any matter to
do with the performance of the CPS referred to him by the Attorney
General, and reporting annually to the Attorney General on the
operation of the Service. The Inspectorate also inspects the Public
Prosecution Service of Northern Ireland under the powers delegated
by the Chief Inspector of Criminal Justice Inspection Northern
Ireland. Since May 2014, the HMCPSI has also had the right to
inspect the Serious Fraud Office, under the Anti-social Behaviour,
Crime and Policing Act 2014. The inspection work which it undertook
before that date on the SFO was by invitation.
7. HMCPSI's
purpose is to promote continuous improvement in the efficiency,
effectiveness and fairness of the prosecution services through
the process of inspection, evaluation and identification of good
practice. The Inspectorate produces reports with its findings
and recommendations. HMCPSI routinely undertakes inspections and
follow-up inspections of the performance of CPS Areas, some of
them focusing on particular aspects of the CPS's work in those
areas, such as the way they handle victims and witnesses. In addition
it undertakes a range of thematic inspections, some jointly with
other criminal justice inspectorates. It also advises the Director
of Public Prosecutions on the performance of each CPS Area, headquarters'
directorates and of the CPS as a whole in relation to these issues.
The Inspectorate has about 30 staff in offices in London
and York, and had expenditure of just over
£2.5 million in 2013/14.
The Chief Inspector
8. HM Chief Inspector of the Crown Prosecution Service
is an independent statutory office-holder reporting to the Attorney
General as the Minister responsible for superintendence of the
Crown Prosecution Service. The candidates' pack for the current
recruitment describes the role as follows:
The Chief Inspector is responsible for delivering
and developing inspection programmes and methodology against which
CPS and SFO are inspected. The Chief Inspector is actively engaged
in leading the day to day inspection process and needs a comprehensive
understanding of how inspection works and what both good and poor
services mean for the public. This will need to be delivered
in the context of reducing resources and the reports will need
to help the CPS and SFO in taking forward new ways of working
in a positive way.
This appointment is to be for a fixed term contract
of four years, at a salary of £120,000 per annum.
The recruitment process
9. In September 2014 the Attorney General consulted
us on the job advertisement for the recruitment process. We replied
suggesting further emphasis be given to five areas where it seemed
to us a Chief Inspector would need to demonstrate ability -
· managing
finances and resources at a time of budget constraints
· engaging
successfully with key stakeholders
· maintaining
independence
· observing
the principles and practice of natural justice and diversity
· willingness
and ability to follow up recommendations to foster continuous
improvement.[3]
10. The essential criteria published in relation
to the second running of the competition, which began in December
2014, reflected, to some degree, each of these suggestions, except
that no explicit reference was made to the ability to maintain
independence. We were pleased to hear Mr Fuller tell us that in
his time in the post his operational judgment had not been challenged
or questioned by the Law Officers, even though he saw his role
as often bringing bad news to Ministers, which can be unwelcome
to them.[4] For this post,
as for other Chief Inspector posts within the criminal justice
system, we consider that an essential criterion which candidates
should be able to demonstrate they meet is the ability to withstand
any political pressures on them to change the conclusions which
they draw from their inspection work.
3 Appendix 2. Back
4
Qq 21 and 23, HC
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