Appointment of the Chief Inspector of HM Crown Prosecution Service Inspectorate

Appointment of HM Chief Inspector of HM Crown Prosecution Service Inspectorate

Pre-appointment hearings

1. Pre-appointment scrutiny hearings by select committees for certain ministerial appointments were introduced in 2008. They provide an opportunity for:

• scrutiny of the quality of ministerial decision-making;
• public reassurance, in addition to the processes of the Office for the Commissioner of Public Appointments, that those appointed to key public offices have been selected on merit;
• public evidence of the independence of mind of the candidate; and
• enhancing the appointee’s legitimacy in undertaking his or her function, including providing the public with an insight into the candidate’s views on policy issues related to the role.

2. There are nine ministerial appointments to which the Justice Committee may undertake formal pre-appointment scrutiny. Eight of these are appointments by the Secretary of State for Justice: the Chair of the Independent Monitoring Authority for the Citizens’ Rights Agreements; the Chair of the Judicial Appointments Commission; the Chair of the Legal Services Board; the Chair of the Office for Legal Complaints; HM Chief Inspector of Prisons; HM Chief Inspector of Probation; the Prisons and Probation Ombudsman; and the Independent Public Advocate. The ninth is an appointment by the Attorney General: HM Chief Inspector of HM Crown Prosecution Service Inspectorate (HMCPSI). The Committee’s role in conducting this scrutiny is to assess the suitability of the candidate and whether they are appointable to the role.

Crown Prosecution Service Inspectorate

3. HMCPSI has a statutory duty to inspect both the Crown Prosecution Service (CPS) and the Serious Fraud Office (SFO), for both of which ministerial accountability rests with the Attorney General’s Office (AGO).

4. HMCPSI defines the purpose of its inspections as to drive improvements and build public confidence in the prosecution process by seeking and providing independently assessed evidence, which: allows others to hold the CPS and SFO to account; and informs debate about how they perform. HMCPSI is not a regulator, however, and although it makes recommendations, it has no power to ensure that they are taken up by the CPS, SFO or others.

5. HMCPSI conducts two main types of inspection: CPS Area inspections and thematic inspections. CPS Area inspections look at casework, business and functionality within one of the 14 CPS Areas across England and Wales. Thematic inspections examine a theme across the whole of the CPS or SFO. HMCPSI also inspects other prosecution services by invitation; for example, inspecting the Service Prosecuting Authority and assisting the Criminal Justice Northern Ireland Inspectorate in inspecting the Public Prosecution Service.

6. HMCPSI currently has 27 staff (4 senior management, 18 inspectors and 5 corporate/support staff) and has offices in London and York. Its annual budget, currently £3.1 million, is negotiated with the AGO. The two bodies share a press office but have separate media and communications plans.

The role of HM Chief Inspector of HMCPSI

7. The Chief Inspector, the head of HMCPSI, is appointed by the Attorney General and is a statutory office holder. This is a public appointment for a fixed term of five years. The Chief Inspector acts independently of the Attorney General and of the Government, although HMCPSI is not a legal or statutory entity and is treated as a Law Officers’ Department and is an arms-length body of the AGO.

8. The independence of the Chief Inspector and HMCPSI from the public prosecutors and the Government is of fundamental importance. The operational relationship between the Attorney General and the Chief Inspector is set out in a protocol agreed between the Law Officers (the Attorney General and Solicitor General) and the Chief Inspector in which, among other things, the Government recognises HMCPSI’s independence in exercising its functions.

The recruitment process

9. The previous Chief Inspector of HMCPSI, Andrew Cayley CMG QC, was appointed for a five-year term on 19 January 2021. He stood down on 26 February 2024 to take up a new role as Principal Trial Lawyer at the International Criminal Court in The Hague. Anthony Rogers, the then Deputy Chief Inspector at HMCPSI, replaced Andrew Cayley as interim Chief Inspector on 27 February 2024.

10. On 3 May 2024, the then Attorney General, the Rt Hon Victoria Prentis KC MP, wrote to our predecessor Committee to advise of the planned recruitment campaign for the role of Chief Inspector. The Attorney General’s Office first advertised the role on 3 May 2024. Recruitment was paused due to the dissolution of Parliament on 30 May 2024 ahead of the General Election. It then resumed in July, closing on 14 October 2024. The role was advertised on the Cabinet Office public appointments website and via regular social media channels, such as the Public Appointments X feed. There were 23 applicants, three of whom were invited to interview on 19 November 2024. Two applicants were found appointable by the assessment panel. Further information on the recruitment campaign can be found in Appendix 2.

The Government’s preferred candidate, Anthony Rogers

11. On 16 December 2024, the Attorney General, the Rt Hon Lord Hermer KC, wrote to us to confirm that he had selected Anthony Rogers as the Government’s preferred candidate for the position of Chief Inspector of HMCPSI. Lord Hermer told us:

As you know, HMCPSI play an important role in effective superintendence of CPS and SFO, as well as improving the performance of the organisations HMCPSI inspects, strengthening the criminal, justice system and increasing public trust. Anthony brings many years of experience in working across the civil service and the criminal justice system, and I believe he will prove to be an excellent Chief Inspector. While interim Chief Inspector, Anthony has overseen the publication of four inspection reports, including the review into CPS’s actions in the Valdo Calocane case and an inspection by invitation of the Services Prosecuting Authority.

12. The appointment would be for five years, with a salary of £125,000 per annum based on a working week of 37 hours or appropriate pro-rata salary for part-time hours. Mr Roger’s curriculum vitae is provided at Appendix 3. Mr Rogers has declared that he has no relevant interests or conducted any relevant political activity in the last five years.

13. During the pre-appointment hearing we questioned Mr Rogers on his leadership and media and communication skills, asking how his experience to date demonstrated these. We also asked questions on how he planned to uphold the independence of HMCPSI and protect and enhance his own personal independence from Government. We also asked him questions about the potential risks facing the organisation and how he planned to manage them, as well as his views on the sufficiency of its powers, resources and duties. Finally, we asked about how he would judge his tenure a success. We were reassured by Mr Roger’s answers and his considerable experience, which includes working as interim and Deputy Chief Inspector of HMCPSI.

Appendix 1: Relevant correspondence between the Attorney General and the Justice Committee

Letter from the Rt Hon Victoria Prentis KC MP, the then Attorney General, to Sir Bob Neil MP, former Chair, Justice Committee, dated 3 May 2024

Chief Inspector of His Majesty’s Crown Prosecution Service Inspectorate

I am writing to inform you that we have today launched the recruitment campaign for the role of HM Chief Inspector of His Majesty’s Crown Prosecution Service Inspectorate (HMCPSI). The Government is committed to improving the criminal justice system and the Chief Inspector plays a central role in delivering this agenda through inspections of the public prosecutors, and of other prosecuting authorities as required. The inspectorate’s work in identifying best practice and areas for improvement, and offering an independent level of assurance is crucial role in challenging poor performance and enhancing the quality of justice.

I wanted to thank you, and the committee, for your engagement so far on the job specification. I know that my officials are currently working with the committee to confirm a pre-appointment scrutiny hearing for the appointable candidate.

Thank you for your engagement so far and I look forward to continuing working closely with you throughout this process.

Rt Hon Victoria Prentis KC MP

Letter from the Rt Hon Lord Hermer KC, Attorney General, to Andy Slaughter MP, Chair, Justice Committee, dated 16 December 2024

Appointment of HM Chief Inspector of the Crown Prosecution Service

I am writing to inform you that, following a fair and open assessment process conducted in accordance with the Governance Code on Public Appointments, that I have selected Anthony Rogers as the preferred candidate to be the next Chief Inspector of HM Crown Prosecution Service Inspectorate (HMCPSI). Anthony will appear before your committee on 28 January 2025 for a pre-appointment scrutiny hearing.

As you know, HMCPSI play an important role in effective superintendence of CPS and SFO, as well as improving the performance of the organisations HMCPSI inspects, strengthening the criminal, justice system and increasing public trust. Anthony brings many years of experience in working across the civil service and the criminal justice system, and I believe he will prove to be an excellent Chief Inspector. While interim Chief Inspector, Anthony has overseen the publication of four inspection reports, including the review into CPS’s actions in the Valdo Calocane case and an inspection by invitation of the Services Prosecuting Authority.

Anthony has not declared any interests or political activity, Information about the campaign, including the role criteria, tenure and remuneration, panel membership and campaign timeline are set out in Annex A. His curriculum vitae is set out in Annex B.

Candidates were informed prior to application that the position is subject to scrutiny by the Justice Select Committee. I understand a hearing is scheduled for 28 January and I will give careful consideration to the Committee’s report before considering whether to proceed with the appointment.

Rt Hon Lord Hermer KC

Appendix 2: Information provided by the Attorney General’s Office about the preferred candidate and recruitment campaign

Table 1: Information on the preferred candidate

Name of the preferred candidate	Anthony Rogers
Candidate’s current CV (redacted for publication)	Appendix 3
Declaration of relevant interests made by the candidate	None
Declaration of relevant political activity in the last five years made by the candidate required under paragraph 9.2 of the Governance Code on Public Appointments	None
Proposed terms of appointment and remuneration (if any)	Tenure: Five years Time Commitment: Full-time Remuneration: £125,000 per annum, based on a working week of 37 hours

Table 2: Campaign information

Campaign launch date	3 May 2024
Campaign closing date	14 October 2024
Reason for any changes in timetable to that originally published	Dissolution of Parliament and the General Election 2024.
Advertising strategy	The role opened to applications on 3 May 2024 and closed on 14 October 2024. However, during this period, applications were suspended for several months due to the General Election 2024. The role was advertised on the Cabinet Office public appointments website and via regular social media channels such the Public Appointments X feed.
Advisory Assessment Panel	Panel Chair: Kelby Harmes, Director, Attorney General’s Office Other Members: Monica Burch, Lead Non-Executive Board Member and Chair of the Board of the Crown Prosecution Service, Samantha Pullin, Director of Litigation, HM Revenue & Customs, Nick Vineall KC, former Chair of the Bar of England and Wales
Number of applicants	23
Number of candidates invited to interview	3
Number of candidates found appointable	2
Job description	Accountable to the Attorney General, the Chief Inspector will have a proven ability to act with integrity, high levels of personal and professional conduct, judgement, and credibility. The Chief Inspector will work to ensure that the inspectorate produces high-quality, evidence-based inspection reports which are used to inform the improvement and accountability of the public prosecutors’ strategies and activities by presenting evidence of good practice and issues to address. The Chief Inspector is responsible for: • The leadership, management, and overall performance of HMCPSI; • The development and delivery of independent inspection programmes and methodologies to assess the operation, efficiency, and effectiveness of the CPS and the SFO (and other prosecuting authorities as required); • Ensuring that inspection methodologies and expectations remain up to date and in line with best practice; • Overseeing the publication of inspection reports and representing these reports publicly and in the media as required; • Maintaining HMCPSI’s membership of and participation in the CJJI; • Reporting to the Law Officers, giving evidence to Parliamentary Select Committees, and corresponding with MPs as appropriate, drawing on evidence gathered during HMCPSI inspections; • Accounting for the appropriate use of public resources in accordance with budgetary delegation arrangements.
Role criteria	Essential criteria • Exceptional organisational leadership and ability to develop a strategic vision for an organisation; • Robust financial management and experience of successfully balancing resource against competing priorities; • Outstanding communication skills and an ability to handle the media, deliver difficult and challenging messages, and secure public confidence by demonstrating fairness, objectivity and transparency; • An ability to be at ease with a variety of stakeholders including politicians, the staff of the public prosecutors and third sector organisations, to command the confidence of Ministers, and to build and maintain successful working relationships and partnerships with inspectorate partners to drive up the performance of the public prosecutors; • An ability to process and interpret complex information and to offer well developed analytical reasoning to inform judgements based on evidence; • An understanding or experience of the criminal justice system in the UK or comparable jurisdictions. Desirable criteria • An understanding or experience of working in an inspectorate or regulator; • An understanding or experience of the policy, political and media landscape in which the inspectorate works; • Evidence of valuing and promoting diversity.

Diversity Data

Of the 23 applications received, all declared their diversity data in respect of gender, ethnicity and disability. 48% of long-listed candidates were located outside London or Southeast. With regard to the other categories, there were fewer than five candidates in each category and therefore, in line with ONS guidance on statistical disclosure, disclosure of data is not possible.

Appendix 3: Curriculum vitae for Anthony Rogers

February 2024 to date: HM Chief Inspector HMCPSI (interim)

• Leading HMCPSI, responsible for setting the direction of the organisation: £3.2m budget, 28 staff across various locations.
• Setting the organisational culture, leading by example.
• Providing clear unambiguous advice to Ministers, DPP and DSFO from independent inspection reports and other key inspection findings. Met with Law Officers and Shadow Law Officers to discuss inspection findings and other CJS issues. Meet DSFO and DPP quarterly.
• Producing evidence-based inspection reports representing these publicly and in the media.
• Working in collaboration with other Criminal Justice Chief inspectors to deliver a meaningful joint inspection programme.
• Maximising the opportunities to raise the profile of HMCPSI; using all forms of media to present clear and balanced findings relating to inspection and other aspects of related activity. Led the media handling for the Calocane report, giving interviews to all national media and meeting the families to discuss report findings.
• Building and maintaining key relationships across the criminal justice arena, including with other jurisdictions and professionals.

April 2018 to February 2024: Deputy Chief Inspector HMCPSI SCS1

• Responsible for the development of the inspection programme, ensuring that all inspections are delivered on time, and to cost and quality standards.
• Developed inspection methodologies for Area Inspection Programme and for SFO inspections.
• Led inspectors to deliver the programme through setting clear expectations and standards and then coaching and developing inspectors to enable them to meet those expectations.
• Quality assured all elements of inspection from ensuring that inspection scopes are tailored to the business need to ensuring that findings are evidence-based and accurate.
• Developed, managed and maintained senior relationships with the organisations inspected and others across the criminal justice system to ensure that inspection findings are accepted and add value and that HMCPSI inspection methods are understood, up to date and relevant.
• Worked with the HMCPSI senior management team to develop organisational priorities including the inspection strategy, staffing strategy, internal and external communications plans, and Joint Business Plan.
• Seconded for six months to the Independent Review into the Sir David Calvert Smith Review of Serious Fraud Office’s handling of the Unaoil Case, giving evidence to the Justice Select Committee of findings.
• Acting as Chief Inspector during periods of his official absence, leading by example and responsible for setting the organisational culture.

January 2017 to March 2018: Company Director

• Management consultant offering services in leadership, governance and strategic compliance.
• Worked as Investigator for Prisons and Probation Ombudsman, undertaking death in custody investigations. Investigating deaths—producing reports for publication, making recommendations and actively engaging with families, Coroners, the prison service and the police throughout.
• Providing leadership and mentoring support to a number of clients.
• Working as a business improvement and development consultant, carrying out independent reviews of practice and performance with clients in the CJS including Her Majesty’s Inspectorate of Constabulary, Fire and Rescue Services as lead associate with responsibility for developing the methodology for Fire Service inspection to support a new inspection process.

September 2014 to November 2016: Senior Civil Servant (Area Business Manager) Crown Prosecution Service SCS1

• Jointly responsible for the senior leadership of CPS London. Leader, mentor, manager and coach.
• Head of Profession for operational delivery with 450 staff in the profession in CPS London.
• Successfully led on operational delivery of the largest CPS region with over 120,000 prosecutions annually, over 900 staff and a budget of £85m
• Responsible for the change portfolio, leading on six significant transformational change projects, including a major IT programme with the MPS, improving operational efficiency and quality of police and CPS products. Achieving savings of over £800,000 for the CPS and MPS.

June 2013 to September 2014: Head of Compliance, Assurance and Support, Crown Prosecution Service SCS1

• Responsible for the development, design and implementation of a new CPS national strategy to deliver improved performance, quality and compliance. Developed the CPS approach to compliance and assurance.
• Personally supported senior leaders and Executive Group, on the approach to compliance and assurance, recommending and advising on compliance regimes.
• Led, managed, coached and supported the senior managers of the Continuous Improvement Team; met national priorities by successfully restructuring and redirecting the work of the team.
• Undertook a review to redesign CPS headquarters departments with the aim of achieving efficiency savings and stronger organisational structures; this increased efficiency by 14% and generated savings of £387,000.

January 2012 to May 2013: Deputy Chief Inspector, Her Majesty’s Crown Prosecution Service Inspectorate SCS1

• Responsible for the operational delivery of the business and management of 38 senior staff.
• Led and managed 20 senior inspectors and oversaw the efficient operation of all quality assurance and consistency processes for inspection across the whole of England and Wales.
• Presented inspection findings and recommendations to the Law Officers, with defined actions to be addressed by the CPS, and engaged with the Director of Public Prosecutions to gain buy-in to recommendations and aspects for improvement.
• Designed and delivered the Inspectorate’s business plan and priorities on an annual basis.

August 2003 to January 2012: HMCPSI, Inspector (Business) Grade 6

• Administered the portfolio of joint inspection activity with Her Majesty’s Inspectorate of Constabulary, HMI Prisons, HMI Probation and HM Inspectorate of Court Administration.
• Worked to develop a range of joint inspection products and strategy to drive improvement delivering better outcomes for victims. Joint inspection strategy was praised by National Audit Office as driving better outcomes and efficiency across the CJS.
• Delivered inspection reports efficiently and to high quality standards. Led inspection teams of legal and business inspectors to produce reports that assessed fairly the quality of legal decision making, governance and leadership, and the effectiveness of business and financial processes and systems.
• Managed relationships with senior stakeholders (e.g. the DPP and CPS Chief Executive to deliver inspection findings, ensuring buy-in to recommendations and persuading the organisation to make change.
• Regularly briefed Law Officers and Ministers. Carried out media activity as lead inspector.

May 1989 to July 2003: Various Civil Service roles and Departments EO to Grade 7

• Wide range of previous Civil Service posts in several Departments, including, postings in strategy and policy, programme and project management, and DSS Private Office. Extensive operational experience leading and managing teams. Responsible for the operational delivery of all National Insurance operations (650 staff in 32 locations) at National Insurance Contributions Office, Inland Revenue, as well as National Minimum Wage compliance team and helpline.

2013 to 2019: Non-executive director Yorkshire Sport Foundation

• Trustee of Yorkshire Sport Foundation, advising on strategy and policy, with an expertise in finance, governance and risk. Also Chair of the finance, risk and audit committee.

2008 to 2016: Former Chair of Trustees, SportsAid Yorkshire & Humberside

• Chair of SportsAid in Yorkshire and Humberside raised over £300,000 and distributed over 500 grants annually to local athletes to help support them financially to train and participate.
• Managed the paid staff.

Formal minutes

Tuesday 28 January 2025

Members present

Andy Slaughter, in the Chair

Josh Babarinde

Pam Cox

Warinder Juss

Tessa Munt

Mrs Sarah Russell

Appointment of the Chief Inspector of HM Crown Prosecution Service Inspectorate

Draft Report (Appointment of the Chief Inspector of HM Crown Prosecution Service Inspectorate), proposed by the Chair, brought up and read.

Ordered, That the draft Report be read a second time, paragraph by paragraph.

Paragraphs 1 to 14 read and agreed to.

Appendices agreed to.

Resolved, That the Report be the Second Report of the Committee to the House.

Ordered, That the Chair make the Report to the House.

Adjournment

Adjourned till Tuesday 4 February 2025 at 2.00 pm.

Witness

The following witness gave evidence. Transcripts can be viewed on the inquiry publications page of the Committee’s website.

Tuesday 28 January 2025

Anthony Rogers, Government’s preferred candidate for Chief Inspector of HM Crown Prosecution Service Inspectorate (HMCPSI)

List of Reports from the Committee during the current Parliament

All publications from the Committee are available on the publications page of the Committee’s website.

Session 2024–25

Number	Title	Reference
1st	Appointment of the Chair of the Independent Monitoring Authority for the Citizens’ Rights Agreements	HC 485
1st Special Report	The constitutional relationship with the Crown Dependencies: Government Response	HC 582