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Cutting Crime, Delivering Justice

A Strategic Plan for Criminal Justice2004-08

This Strategic Plan has been produced by the Office for Criminal Justice Reform (OCJR)on behalf of three Government departments: the Home Office, the Department forConstitutional Affairs and the Law Officers' Departments.

OCJR is the cross-departmental team that supports all criminal justice agencies inworking together to provide an improved service to the public.

Should you have enquiries regarding the CJS Strategic Plan, or wish to receive any ofthe following: further copies of this publication, copies in braille or large print, or asummary in english or welsh, please contact:

Email: [email protected]: 0207-273-3615

Cutting Crime, Delivering Justice

A Strategic Plan for Criminal Justice2004-08

Presented to Parliament bythe Secretary of State for the Home Department,the Secretary of State for Constitutional Affairs andthe Attorney Generalby Command of Her Majesty

July 2004

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Contents

Foreword: Prime Minister 5

Preface: David Blunkett, Charlie Falconer, Peter Goldsmith 7

1. Why criminal justice matters 12

2. Where we were, and what we’ve done 14

3. Where we’re going 21

• Communities: building confidence 22

• Victims and witnesses: consistent high standards of service 26

• Offenders: bringing more offences to justice 31

• Enforcement: ensuring court orders and sentences are carried out 39

• Users: better service for customers 44

4. Making it happen 54

References 57

5CUTTING CRIME, DELIVERING JUSTICE

ForewordTony Blair, Prime Minister

We start with one overriding principle – that thelaw abiding citizen must be at the heart of ourcriminal justice system. For too long, that wasfar from the case. When this Government cameto power in 1997, high crime rates and longdelays in dealing with cases were damagingconfidence in the system. The system seemedto think only about the rights of the accused.The interests of victims appeared to be an after-thought, if considered at all. There was avacuum in new thinking about how to tackle thedrivers of criminality or to respond to the newthreats of organised crime.

This was more than a failure of political will.Quite simply, crime and criminality had gotahead of the capacity of the system to defendthe overwhelming majority of decent, law-abidingcitizens. We were using the same blunt methodsagainst different types of crime, the same limitedstrategies to tackle very different types ofcriminals while the needs of victims, witnessesand the community as a whole were ignored.

We have set about putting that right. We aresuccessfully tackling the conditions where crimeprospers – unemployment, run-down estatesand a tolerance of anti-social behaviour. Wehave invested in staff and technology so thereare now record numbers of police and anoutdated infrastructure is being brought up to date. And through reform, clear targets andbetter information, we have cut delays, raisedstandards of effectiveness and co-operationand focused attention on what needs to beimproved and the concerns of the public.

There is a great deal more to do. But crime hasfallen by 25%. A radical overhaul of the youthjustice system has more than halved the time

taken to deal with persistent offenders. A chiefcrown prosecutor now heads effectively theCrown Prosecution Service (CPS) in everyarea. We are creating a single, national courtssystem for the first time and investing £2 billionto ensure all parts of the Criminal JusticeSystem can communicate securely andeffectively with each other. And the dramaticsuccess of the Street Crime Initiative showedwhat could be achieved if barriers to co-operation were removed.

We now have to build on these firm foundationsand ensure we put into practice across thewhole of the Criminal Justice System thelessons we have learnt. There remains a greatdeal to do. But the detailed plans we arepublishing today show how we are going toensure effective, speedy and just treatment foroffenders, victims and the community as awhole.

By ensuring the CPS offers round the clockearly advice to the police and eventually takesover responsibility for charging offenders, wewill reduce wasted time and effort throughoutthe system. New specialist courts will reducedelays and increase expertise. Additionalinvestment in IT systems will also speed upjustice and cut backlogs.

We are going to ensure the needs and concernsof victims and witnesses are at the forefront of the Criminal Justice System. There will beincreased support for victims to ensure that thevulnerable get personalised help from crime totrial and afterwards if necessary. Witnesses,too, have often been forgotten. There will be aWitness Care Unit in every area. Sentencing willensure the public is protected from the most

dangerous and hardened criminals but will offer the rest the chance of rehabilitation.

This whole programme amounts to amodernising and rebalancing of the entirecriminal justice system in favour of victims andthe community. It will bring our courts into thetwenty-first century and recognise that it is alsoa miscarriage of justice when the guilty walkaway unpunished, as it is when the innocent areconvicted. A modernised Criminal JusticeSystem demands speedy and effective justicefor all. And we are on course to deliver it.

Tony BlairPrime Minister

7CUTTING CRIME, DELIVERING JUSTICE

Preface

As the three Ministers responsible for criminaljustice, we are pleased to present our StrategicPlan. An effective Criminal Justice System is a vital source of public confidence in stronggovernment and the rule of law. This plan setsout our shared vision for criminal justice reform.

Our primary objective is to reduce crime andanti-social behaviour and to make people feelsafer. We will achieve this in a number of ways –wherever possible, by stopping crime fromhappening in the first place; when a crime doeshappen, by catching the offender swiftly andbringing them to justice; and, once an offenderhas been convicted, by giving them a punishmentwhich addresses why they committed the crimein the first place, so that they are less likely tooffend again. Our strategies for reducing crimeand anti-social behaviour are published in twoparallel documents. Confident Communities in aSecure Britain shows how we will prevent crimeand reduce reoffending. This plan focuses onhow we will bring more criminals to justice,improve the way different agencies work together,and give victims and witnesses better services.

The overriding principle of this plan is to delivercriminal justice that puts the victim of crime andthe law-abiding citizen first. Underpinning thisprinciple are two key themes:

● unifying the system so that it is efficient, getsthings right first time, and produces outcomesthat are effective in protecting the innocent,deterring criminals and rehabilitating offenders;and

● engaging with the community so that itsconcerns are reflected and people’sconfidence maintained.

We have come a long way since 1997, and theresults are starting to show. Most importantly,crime is falling, by over a quarter since 1997.More offences are being brought to justice – thelatest performance shows a 7% increase. Aftera period of decline, public confidence is startingto improve. Agencies are working together andas a result people’s experiences of criminaljustice are better: more trials go ahead on time,and witness attendance rates have improved.

This provides a solid foundation upon which wecan build. Over the next five years, we want toimprove criminal justice even further, with whatis today best practice becoming the standardeverywhere. Our goal for 2008 is to provide aservice that as a matter of everyday routine:

● is visible and responsive to law abiding citizens;

● is sensitive to the needs of the victim,ensuring that victims are supported and thattheir voices are heard;

● operates fairly, protecting the innocent andpursuing the guilty;

● is joined up in a modern and efficient processthat works;

● applies appropriate punishments, focused on tackling the causes of offending, andmakes sure they are completed; and

● exploits the potential of modern IT to improvethe experience of all users.

Together, the criminal justice agencies in eachlocal area will listen to the concerns of itscommunities, including black and minority

8 FOREWORD

ethnic communities, and act upon them. Andthe lessons of our flagship Community JusticeCentre in Liverpool will be applied.

Victims of crime will be treated sensitively by staff; they will be kept informed of theprogress of their case and they will be told theoutcome. They will have the opportunity tomake a Victim Personal Statement, explaininghow they feel about what has happened tothem. Each agency will work to commonstandards of service for victims and witnesses,and agencies will be held to account for these.Victims will also be able to complain to anindependent Ombudsman.

Performance will improve. More criminals will becaught (and caught more quickly), prosecutedfairly but firmly, punished and given the helpthey need to change their behaviour. We willfocus our attention and resources on prolificoffenders. And we will encourage the guilty toadmit their guilt early rather than drag outproceedings to trial.

Where a trial is necessary it will be a rareexception that it does not go ahead at the timeand on the date appointed. And the decisions of the court will be enforced. Fines will be paid,criminals’ assets recovered and communitypunishments completed.

This is the core business of criminal justice, andwe will make sure that it happens. With the hardwork of those in the field, and with the supportof our partners in the community and thegeneral public, we aim to deliver a criminaljustice service in which we can all take pride.

Home Secretary,Secretary of State for Constitutional Affairs and the Attorney General

The public will have confidence that the Criminal Justice System iseffective and that it serves all communities fairly.

What will be different in 2008:

● Criminal justice will be better at delivering its core business of reducing crime and bringingoffenders to justice.

If you are a member of the public:

● you will have confidence that the system puts the law-abiding citizen at the heart of all it does.

If you are a victim of crime, or a witness:

● you will be treated with respect and understanding and provided with the information,facilities and support you need;

● you will receive a high quality service that meets clear common standards. Criminal justiceagencies will be held to account for delivering these.

If you are from a Black and Minority Ethnic (BME) background:

● you will have more confidence that criminal justice treats you fairly;

● unjustified racial disparities in stop and search and in sentencing will have been reduced.

And those working in criminal justice:

● will have made better efforts to get balanced information about criminal justice in the media,particularly the local media;

● will be better at engaging communities and responding effectively to their concerns.Where appropriate, the courts will hold specialised sittings for drugs, domestic violence and anti-social behaviour cases.

A vision for criminal justice in 2008

9CUTTING CRIME, DELIVERING JUSTICE 9

Victims and witnesses will receive a consistent high standard of servicefrom all criminal justice agencies.


Criminal justice will be organised to support the victim and thwart the offender. If you are avictim of crime, or a witness;

● you will have a statutory right to high standards of treatment from criminal justice agencies, speltout in a Code of Practice; criminal justice agencies will be held to account for delivering these;

● you will be kept informed at regular stages of the case about what is happening to catch theperpetrator of the crime;

● you will be offered personal support by a Witness Care Unit in all cases where someone is chargedwith an offence. This means a named contact will keep you updated on the progress of the caseand provide information, support and advice to enable you to attend court and give evidence;

● all Crown Court buildings and 90% of magistrates’ courts’ buildings will have separatewaiting facilities for victims and witnesses;

● we will reduce unnecessary waiting for witnesses who have to attend court;

● if you are a victim or witness in significant fear for your safety, you will be offered greaterprotection from new witness protection legislation;

● the Victims Fund, which will pay for better support services for victims, will be boosted by asurcharge on all criminals who are convicted.

10 FOREWORD

We will bring more offences to justice through a more modern andefficient justice process.


● We will bring 150,000 more offences to justice;

● We will raise the detection rate from 19% to at least 25%, by improving police effectivenessand deploying new technology, including enhanced DNA testing and Automatic NumberPlate Recognition systems, across the country to target criminals more effectively;

● To get the charge right first time, the CPS will provide 24 hour legal guidance seven days aweek to the police on what charge to bring;

● We will relentlessly target the top 15-20 prolific offenders in each Crime and DisorderReduction Partnership area, and more in bigger areas, and give the police, the CPS and theSerious and Organised Crime Agency the powers they need to take on the most serious andorganised criminals;

● We will divert more people from court who do not need to be there by extending the use ofFixed Penalty Notices to a wider range of offences by March 2005 and by rolling out CPSpowers to issue conditional cautions;

● Where cases do need to come to trial, we will ensure that they arrive at court ready toproceed, reducing the numbers of wasted trial hearings by 2007-08 by another fifth in theCrown Court and in the Magistrates’ Courts by another third;

● We will have reformed the legal aid system to eliminate time wasting and delay and focushelp and support where its most needed;

● With new Witness Care Units to support witnesses as their cases progress, we will raisewitness attendance, leading to fewer adjournments and reducing the temptation fordefendants to delay guilty pleas.

Rigorous enforcement will revolutionise compliance with sentences and orders of the court.


● Defendant attendance at court will have improved and we will be better at apprehendingthose who fail to appear;

● Smarter sentences will punish the offender and protect the public but will also help criminalsto stop offending, including through intensive drug treatment;

● The police, CPS, courts and other agencies like the Serious and Organised Crime Agencywill be able to keep at least 50% of the value of all the criminal assets they help seize;

● The percentage of fines collected will be higher;

● Community penalty breaches will be brought to court faster and more reliably;

● Using the Police National Computer, the police will be able to target defaulters, and tell at a glance whether people they pick up are on the run from court, have outstanding fines orhave breached a community sentence;

● We will tackle loopholes that allow offenders to escape enforcement by improvinginformation sharing and giving officers more powers;

● There will be financial incentives for enforcement staff for good performance.


Criminal justice will be a joined up, modern and well run service, and anexcellent place to work for people from all backgrounds.


● High common standards of customer service will be delivered across all agencies involved incriminal justice; victims and witnesses will have a statutory right to minimum service standards;

● Leading edge technology will have transformed the detection of crime and the processingand management of offenders; developments will include a national intelligence system forall police forces; a modern replacement for the Police National Computer; and enhancedDNA and fingerprint databases, and a facility to match potential offenders by palmprints;

● Through a further £800 million investment in CJS IT on top of the £1.2 billion alreadypledged, all criminal justice staff working will be able to communicate swiftly and efficientlythrough a single linked IT infrastructure. Electronic case management systems will havetransformed case handling between the police and prosecution team, in the courts, and inthe management of offenders;

● As the teams which bring together chief officers at local level, Local Criminal Justice Boards(LCJBs) will be well established bodies, resourced and empowered to deliver;

● The relationship between the criminal justice departments will have been strengthened,underpinned by the creation of the Office for Criminal Justice Reform, a trilateral centre forthe Criminal Justice System;

● We will have the right numbers of staff, with the skills, remuneration and powers they need to do their jobs effectively;

● The criminal justice workforce will be better motivated with low staff turnover, low levels ofsickness absence and high levels of job satisfaction;

● The workforce in each criminal justice agency will be more diverse, more fairly representingthe local community it serves.

12 CHAPTER 1 WHY CRIMINAL JUSTICE MATTERS

Chapter 1Why criminal justice matters

When a crime is committed it represents awrong against the victim. But it is also anoffence against society. And the Staterecognises the importance of this by takingaction on behalf of the victim to find theoffender and punish them.

Above all other things, justice must bedemonstrably fair if the public is to haveconfidence in it. It should punish the guilty,but acquit the innocent. In criminal cases, thestakes are high: the liberty and reputation ofthe accused are at risk. And the State is able to bring far greater resources to bear than areavailable to the individual. Criminal justiceensures that a number of principles are in place to ensure that a fair balance is drawn:

● powers and responsibilities are separated;

● the prosecution is required to prove its casebeyond reasonable doubt; the law requiresan acquittal where it cannot do so;

● cases must go through a legal process:evidence must meet certain standards which the defence is entitled to challenge;

● the accused is entitled to legal representationof his choice, and the State will meet thecosts where it is in the interests of justice;and

● proceedings usually take place in public;are reported; and lay people (magistrates or juries) play the major role in thedetermination of guilt or innocence so that the process is seen to be open.

These principles ensure a system of justice in which the public can have confidence.

The effective delivery of justice matters. Strongcriminal justice has a crucial role to play inreducing crime and anti-social behaviour andmaking people feel safer. A joined-up system,with all the agencies pulling together to makesure that criminals are pursued and justice isdelivered swiftly, fairly and effectively, is a vital source of public confidence in stronggovernment and the rule of law.

Our purpose is to deliver justice for all, byprosecuting, convicting and punishing the guilty and helping them to stop offending,while protecting the innocent and the widercommunity. The justice system is responsible for detecting crime, bringing it to justice, andcarrying out the orders of court, such ascollecting fines, or supervising community and custodial punishment. The key goals forcriminal justice are to play its part in reducingcrime by bringing more offences to justice, andto raise public confidence that the system is fairand will deliver for the law-abiding citizen. Thatincludes increasing the satisfaction of victimsand witnesses with the treatment they receive.Together with other partners, we work toprevent crime happening in the first place, tomeet the wider needs of victims, and to helpturn offenders away from crime.


Fair, and seento be fair, by all

communities

Reduces crime by deterring criminals,catching offenders and

bringing them to justice effectively

Protects the innocentand respects the rights of defendants, while holding the guilty to account and ensuring they comply withtheir obligations

A robustand effective

Criminal JusticeSystem

Creates a platformof order and justice that allows people

to feel safe

Responds to communityconcerns and involves the

community in the justice process

Sentences effectivelyand helps to reduce reoffending

Acts on behalf of the victim and supports victims and witnesses through thejustice process

Chapter 2Where we were, and what we’ve done

14 CHAPTER 2 WHERE WE WERE, AND WHAT WE’VE DONE

Since taking office in 1997 we have madesignificant progress towards our goals ofreducing crime, bringing more offenders to bookand raising public confidence in criminal justiceas a public service:

● crime is falling, down by 25% since 1997 –the chances of being a victim of crime arenow at their lowest for 20 years;

● more victims are seeing their offenderbrought to justice: 7% more offences arebeing brought to justice now compared with two years previously;

● the decline in public confidence has beenarrested and is starting to improve: by 3% in the last twelve months.

To make this progress and improve the servicethat the public receives, we have had to tacklesome fairly deep-seated problems in the waycriminal justice is organised and managed inthis country.

Strengthening the basic buildingblocks of the system

Some of the task has been about improvingjoint working. But an essential first step was totackle significant weaknesses in some of thekey criminal justice agencies that left them ill-equipped to do even the basics.

For example:

● In 1997 police numbers were falling.Record numbers of officers now fight crime,with 12,500 more than in 1997, andneighbourhood policing has been bolstered

by the introduction of over 3,500 newcommunity support officers with many moreto come through our new NeighbourhoodPolicing Fund. The Government resourcesgoing into policing have increased by 19% inreal terms.

In 1997 the Crown Prosecution Service(CPS) was operating on a shoestring budgetand struggling to improve the prosecutionprocess as it was set up to do. Frontline staffin the CPS had no computers at all. Staffnumbers were falling though the CPS’sworkload was increasing. The move to a 42area structure in April 1999 to match policeforce areas, a significant increase in fundingso that the CPS now employs 2,600prosecutors, and greater investment in IT,have together made a big difference. All staffnow have a networked PC with standardoffice software and secure email with theircriminal justice partners. The CPS is nowrevitalised, with new responsibilities forcharging and a new commitment to play acentral role in the Criminal Justice Systemand to engage with the communities it serves.The CPS is prosecuting more cases, andprosecuting more successfully.

The approach to corrections has beentransformed:

● Prisons are more secure: the number ofprison escapes has fallen dramatically, from232 in 1992-93 to just ten last year. And theirfocus has shifted. Where the chief objectivewas simply incapacitation, now prisons focuson rehabilitation. For example, prison trainingschemes have been expanded. Last year,nearly 50,000 basic skills awards were made


to prisoners – up over a fifth. We recognisethat we will only reduce reoffending if wetackle the root causes.

Since 1996-97, the number of intensive drugtreatment programmes available in prisonhas risen from 9 to over 60 programmes, withplans to increase this further.

● Probation training stalled completelybetween 1995 and 1998. During that periodno newly qualified probation officers enteredthe system at all. The Probation Service wasnot managed nationally. Enforcement ofcommunity punishment breaches, based onthe then national standard of three or moreunacceptable failures, was as low as 44% in 1999.

Since 1997, there has been a net increase ofover 3,700 frontline probation staff. Breachenforcement rates, based on the tighterstandard of two unacceptable failures, haverisen to 84%. And through the Multi-AgencyPublic Protection Arrangements we haveintroduced, we provide greater protectionagainst violent and sexual offenders in thecommunity. As well as all-new accreditedprogrammes containing modules on victimawareness and changing offenders’behaviour, the Service will achieve a morevictim-centred approach, encouraging, whereappropriate, restorative justice and reparation.

Probation and prison are now about to bebrought under the National OffenderManagement Service to ensure end-to-endmanagement of offenders in prison andafterwards into resettlement. The latestpublished data shows that 3.2% feweroffenders released from imprisonment orsentenced to community supervision inJanuary to March 1999 were reconvictedthan predicted. We will continue to protectthe public by setting targets for reducingreoffending by 5%, compared to 2002-03,by 2008, leading towards 10% by the end of the decade.

Joining up services

Joining up services has been a key theme ofthe Government’s reforms.

An early priority was to reform the youth justicesystem, both to make it better at preventingoffending and to deal more quickly andeffectively with young people acquiring acriminal pattern of behaviour.

In 1997, as the Audit Commission reportMisspent Youth demonstrated, youth offenderscould be cautioned over and over for offenceswithout triggering any more serious response.Youth justice was slow, inefficient and did nottackle the causes of offending. On average it took four and a half months to deal with apersistent young offender from start to finish.

The youth justice system has been overhauledby the establishment of the Youth Justice Boardand its multi-agency network of youth offendingteams. The Crime and Disorder Act 1998launched a firm new regime for dealing withyoung offenders, based on reprimands, finalwarnings and referral orders. The average timeit takes to bring a persistent young offenderfrom arrest to sentence has been more thanhalved from 142 days to 66 days.

Effective local joint working is necessary at alllevels of the Criminal Justice System. Foroffenders to be brought to justice efficiently, andfor victims and witnesses to get a good service,requires close joint working between differentlocal agencies. Significant progress has beenmade here too.

At national level, in 1997 there were fewmechanisms in place for the criminal justiceorganisations to share their plans and co-ordinatetheir operations; those there were had a purelyconsultative role. This has all changed.Leadership on criminal justice has beenstrengthened by the establishment of theNational Criminal Justice Board, on whichMinisters of the Home Office, Department forConstitutional Affairs (DCA) and Law Officers’Departments all sit together with heads of themain agencies, the Association of Police


Authorities, and a representative of thejudiciary. Criminal Justice Ministers are jointlyresponsible for the delivery of Public ServiceAgreement (PSA) targets to bring offences tojustice and raise public confidence. The Boardmonitors progress towards these targets, holdsagencies and areas to account whereperformance falls short, and where problemsarise that cannot be overcome at local level,makes sure that solutions are found.

At local level, conflicting boundaries were a basic problem that needed to be put right.In 1997 there were: 43 police forces; 13 CPSareas; 96 Magistrates’ Courts Committees,covering around 460 magistrates’ courts;6 Crown Court circuits; 54 probation areas;and Court administration was fragmented.96 Magistrates’ Courts Committees coveredaround 460 magistrates’ courts, and there were 6 Crown Court circuits. This has now beenchanged. The administration of the magistrates’courts and the Crown Court is beingreorganised to create a new unifiedadministration, Her Majesty’s Courts Service.This will operate on a 42 area basis, as the CPShas done since 1999.

These boundary changes have paved the wayfor much closer co-operation at working level,culminating in the creation in April 2003 of 42Local Criminal Justice Boards which bringtogether the chief officer of each criminaljustice agency in each area to lead and embedjoint working. In their evaluation of progresssince the introduction of the Boards, theNational Audit Office found that “existinginitiatives had been reinvigorated and 85% of Boards had introduced new processes”.

Getting better at bringing offences to justice

Getting better at bringing offences to justice has been a key priority for joint working acrossthe Criminal Justice System.

The recent Street Crime Initiative broughttogether Cabinet Ministers, Chief Constables,representatives of the Courts, Prison Service,Youth Justice Board and CPS. It scrutinised

every stage of the criminal justice process toidentify what could be done differently to bringmore street robbers to justice. Following theupturn in robbery at the beginning of 2002,a whole raft of measures were introduced toimprove detection rates, and provide bettersupport for victims and witnesses of streetcrime. The initiative delivered a 17% reductionin robbery within twelve months compared withthe previous year, 2001-02.

Many of the lessons from that initiative are nowbeing applied to the handling of all offences.Examples include:

● the use of video technology instead ofidentity parades to make the identificationprocedure less daunting for witness and tospeed it up;

● a greater role for the CPS in agreeing theappropriate charge for a case so it is lesslikely to collapse;

● a greater focus on support for witnesses andactive management of cases.

Together these measures had contributed byMarch 2004 to a rise of 7% in offences broughtto justice compared with two years previously.

Closer working between agencies has alsostarted to crack one of the biggest causes ofinefficiency and waste in the system weinherited in 1997. Too many trials failed toproceed on the day they were scheduled for.When this happens, it causes frustration anddisappointment to victims, involves large costs tocriminal justice agencies, wastes the time of allthose involved in the case and potentially leadsto the collapse of the case as witnesses becomedemoralised and give up. The number of CrownCourt trials that are scheduled and then fail togo ahead has been cut by a quarter comparedwith August 2002.

Crimes involving fraud increase the cost of goods and services to us all: for example,tax fraud, which reduces the money availablefor public services; or price fixing, wherecompanies or individuals form cartels to


increase the price we pay for their goods. Wehave recognised the need to tackle the biggestfrauds and provided additional money to theCity of London Police and the Serious FraudOffice (SFO) for this. Such cases are oftencomplex. The SFO, working with the othercriminal justice agencies, has developed astrategy for electronic presentation of evidenceto help simplify and shorten cases in court.

Improving how victims andwitnesses are treated

Basic customer service to victims and witnesseswas an area with huge scope for improvementwhen the Government came to office.

Too often, even the most vulnerable victims andwitnesses were given little thought and treatedsimply as an adjunct to the process, expected tocomply with the system out of a sense of publicduty. Genuine difficulties people might have inattending court or getting their evidence acrosswere ignored. This meant distress for peoplewho had already been victimised by an offenderand the collapse of cases which could andshould have led to a conviction.

Although we still have much to do, we havemade significant progress in improving matters.For example:

● vulnerable and intimidated witnesses – such as young people, those with learningdifficulties, and the victims of sexual crime –are now able to give their evidence in waysthat recognise their special circumstances.These include the use of screens to protectvictims from being intimidated by thedefendant; giving evidence by video, or by live link from another room; usingcommunications aids to give evidence;clearing the public gallery; and dispensingwith wigs and gowns in court (particularly for cases involving children). A Home Officestudy found that a third of witnesses usingthe special measures introduced to supportvulnerable and intimidated witnesses saidthat they would not have been willing or ableto give evidence without them;

● prosecutors are communicating directly with witnesses and keeping victims betterinformed. They are explaining decisions todrop or downgrade charges, on a face to face basis in most serious cases, increasingunderstanding and so confidence;

● witness services are now available in everycourt, providing a chance for witnesses tocome and familiarise themselves with thecourt before they have to give evidence, andoffering support and reassurance on the day;

● increasingly we are rolling out separatefacilities in courts for prosecution anddefence witnesses so that they are not forcedto wait together. 90% of Crown Courtbuildings now have these and we are makingprogress with the Magistrates’ Courts estate;

● funding to Victim Support has more thandoubled to £30 million compared with £11.7 million seven years ago.

Responding to community concerns

Too often, victims and the communities from which they come have felt ignored in the fight against crime and excluded from the justice process.

Criminal justice must respond rapidly andeffectively to the crime and disorder that affectsthe community, and must involve the communityin its decision-making. Notable innovations here include:

● Anti-Social Behaviour Orders (ASBOs):these combine criminal and civil powers in aninnovative way to provide simple but effectiveremedies against the sorts of intimidatingbehaviour that blights some communities.Concern about anti-social behaviour grewsteadily through the 1990s, but the policewere not legally equipped to deal with thissort of low-level thuggery, despite itspotential to make people’s lives a misery.Today we have Anti-Social BehaviourResponse Courts in 12 hotspots withspecialist CPS prosecutors, making use of ASBOs where appropriate and giving a


tough response when Orders are breached.Anti-social behaviour has now levelled off and fear of crime has begun slowly to reduce.

● Multi-Agency Public ProtectionArrangements (MAPPAs): MAPPAs requirea number of public services, including thepolice, prison, and probation services, localhousing, health, employment, benefits andYouth Offending Teams (YOTs), to establishjoint arrangements for assessing andmanaging the risks posed by sexual andviolent offenders in the community. Eacharea is also required to recruit two membersof the public to review the arrangements putin place by the authorities.

● Restorative justice programmes: The courtprocess as it stood in 1997 gave victims littlefeeling of involvement in the process. Inparticular there was little opportunity toexplain how the crime affected them, or findout why they were singled out. Yet we knowthis is often very important to victims and thatbeing confronted with how his criminalbehaviour has affected others can be a keypart of rehabilitating an offender. Since 1997,we have pioneered new ways of involving thevictim in seeing the offender brought tojustice. Restorative justice schemes are inplace in most YOTs and pilots are underwayfor adults. These groundbreaking schemesgive victims the opportunity to decide with theoffender how to make amends, and offer realpotential to change the victim’s experience ofthe delivery of justice. Evidence from both theUK and overseas demonstrates consistentlythat involvement in restorative justice can be apositive experience for victims, giving highlevels of satisfaction, as well as redirectingoffenders from a life of crime.

● Young Offender Panels (YOPs): YOPssupervise young offenders who have beengiven a referral order by the court. Theycomprise one YOT member and two volunteersand operate on the restorative justice principlesof responsibility, reparation and reintegration.The YOP agrees with the offender a contractcovering reparation to the victim and a

programme of activity to address the risk of reoffending; it then monitors the offender’scompliance with the contract. Victims are giventhe opportunity to take part if they wish, forexample by: saying how they have beenaffected by the offence; asking questions,receiving an explanation and apology; anddiscussing how the offender can makepractical reparation.

Modernising the law

Few things undermine public confidence morethan when the law is inadequate to deal withcrimes that are serious or on the rise. We havemodernised the law both to update it to dealwith modern criminal behaviour and to tackleabuses that undermine justice.

For example:

● Legislation on sex offences had not beenoverhauled for over a century. The SexualOffences Act 2003 was introduced tostrengthen and bring up to date the complexlaw surrounding sexual offending andoffenders. It replaces laws that had grown uppiecemeal over that period and were widelyaccepted as being archaic, incoherent anddiscriminatory. For example, it overhauls thelaw of rape, and provides a simpler andclearer test on the question of consent. TheAct also updates the law to take account oftechnological advances, introducing a newoffence of internet grooming to protect youngpeople from predatory paedophiles. And itprovides the police and the courts withimproved powers to monitor those convictedof a sexual offence, helping to keep thepublic safe from reoffending;

● The Criminal Justice Act 2003 tightens up the provisions relating to bail, reversing thepresumption in favour of bail in certaincircumstances and extending theprosecution’s right of appeal against the grantof bail. The Act changes the rules governingwhat evidence is allowed in court, by allowingthe prosecution to introduce evidence ofprevious bad character. For the first time, theprosecution will now be able to appeal against


rulings that would otherwise stop or seriouslyhinder the prosecution. And it removes thedouble jeopardy rule for serious casesmeaning that the defendant can be tried againwhere compelling new evidence is found. Thenew sentencing framework and the creationof the Sentencing Guidelines Council willbring an end to the lottery of differentsentences for the same crime depending onthe area. We are bringing in tough newcommunity sentences, tailored to theindividual offender and based on what is mosteffective in reducing reoffending, and areintroducing post-release support for prisonersserving short sentences. For the first time,after conviction, dangerous and violent sexualoffenders can be kept in prison for as long asthey represent a danger to the public;

● The Proceeds of Crime Act 2002 providestough new measures for the police andCustoms officers to investigate and seize themoney that criminals make from, and intendto use in, criminal activity and established anew Asset Recovery Agency to pursue civilasset seizure cases;

● The Crime and Disorder Act 1998 providesthe courts with powers to order a DrugTreatment and Testing Order (DTTO).DTTOs are intensive community sentencesdesigned to break the link between drug useand offending. They are aimed at the mostserious and prolific drug-misusing offendersaged 16 and over who commit acquisitivecrime to fund their drug habit. The orderincludes a requirement to attend treatment,mandatory drug testing and, for the first time,brings the offender back to court for regularreviews of progress;

● The Domestic Violence, Crime and VictimsBill, currently before Parliament, includesmeasures to make common assault anarrestable offence, and to make breach ofa non-molestation order an arrestableoffence punishable by up to five years’imprisonment. It increases the powers of thecourt to impose restraining orders so thatthey may be made on conviction or acquittal

for any offence, where the court considers itis necessary to do so to protect the victimfrom harassment; it establishes multi-agencydomestic homicide reviews in order to learnthe lessons from deaths resulting fromviolence, abuse or neglect inflicted bysomeone to whom the victim was related,who was a member of the same householdor with whom the victim had an intimatepersonal relationship.

The role of the judiciary

The active support and participation of thejudiciary, in the magistrates’ courts and in thehigher courts, are crucial to the delivery of thisstrategy, as they have been in delivering theimprovements achieved so far. Issues in whichthey have played a major role are:

● improving the quality of case preparation,case management and reducing wastedattendance at court by victims andwitnesses;

● improving joint working between criminaljustice agencies, particularly throughmembership of the National Criminal Justice Board;

● reducing delay in the handling of casesinvolving persistent young offenders and as part of the Street Crime initiative;

● clarifying the interpretation of the law toensure that bail decisions are appropriateand that failure to attend court isappropriately punished.

The judges are independent of government andof all other participants in the justice system.They occupy a unique position as guardians ofits fairness and impartiality, and in developing,clarifying and applying the law for the benefit ofsociety at large as well as in the cases thatcome before the courts. Home Office researchshows that jurors and vulnerable witnessesexpress a high degree of confidence in andsatisfaction with their treatment by the judiciary.


Embedding this change

We have made substantial progress on thesituation we inherited in 1997. We now need todeepen this change and make it irreversible,turning things that are currently best practiceinto the standard everywhere.

We need faster, further progress on:

● Better end-to-end treatment of victimsand witnesses – Although the law has nowbeen reformed to help raise the importanceof victims, and funding for victim support has more than doubled, victims’ treatmentsometimes still falls short of what we shouldexpect. Many choose not to report crime asthey fear intimidation or reprisals or becausethey believe no action will be taken. If they do report the crime, the system sometimesappears not to support them. For example, inthe latest survey only 31% of victims felt thatthey were kept fairly or very well informed bythe police about their case, and we are notyet in a position where all vulnerable orintimidated witnesses are identified bycriminal justice agencies before trial.

● Bringing offenders to justice efficientlyand fairly – Though improving, the numberof offenders brought to justice is stillunacceptably low. Too many offenders insiston the full judicial process, then plead guiltyat the last minute, clogging up the courtswhen we should be encouraging them toplead guilty earlier. Too many avoidablemistakes are made at every stage of thecriminal justice process. For example, despiteprogress too many trials still do not take placeon the scheduled day.

● Tougher action against offenders who fail to comply with court dates, fines andsentences – Though progress has beenmade, there is still considerable scope forimprovement. For example, defendants fail to turn up in 5% of all magistrates’ courtshearings and 3% of Crown Court hearingsevery year, wasting time and sometimesleading to the collapse of the case.

● Fully joined up working – Local CriminalJustice Boards (LCJBs) have got off to aflying start. But there is more to do – therecent review of the Criminal JusticeSystem’s capacity to meet its targets foundthat inter-agency co-operation is not yet fullyembedded, and there is more to do to ensurethat LCJBs are properly resourced andempowered to deliver. Since 2003, a £1.2billion investment has been made in ITinfrastructure and systems, and £800 millionmore will be invested by 2008. This is startingto deliver real benefits on the ground. Forinstance, all CJS areas now have secure e-mail, enabling them to exchange sensitiveinformation and speed up processes. But wewere starting from a very low base and westill have some way to go to ensure we havethe IT we need to deliver criminal justice inthe way we envisage in the future.

The next chapter sets out where we are going on all these areas, and how, as a result, theexperience of those who deal with, or work in,criminal justice will be different by 2008compared with today.


Chapter 3Where we’re going

We have achieved a great deal but still havesome formidable issues to tackle. To show whatreform will have achieved in five years’ time, wehave devised the following vision whichdescribes the delivery of criminal justice in

2008. Public Service Agreement targets onbringing offenders to justice and building publicconfidence reinforce these priorities. Thissection of the Plan shows how we will makethese ambitions a reality.

A vision for criminal justice in 2008

The public will have confidence that the Criminal Justice System is effective and that itserves all communities fairly.

Victims and witnesses will receive a consistent high standard of service from all criminaljustice agencies.

We will bring more offences to justice through a more modern and efficient justice process.


Criminal justice will be a joined up, modern and well run service, and an excellent place towork for people from all backgrounds.

Our Public Service Agreement targets

● to reduce crime by 15% and further in high crime areas by 2007-08

● to improve the delivery of justice by increasing the number of crimes for which an offender isbrought to justice to 1.25 million by 2007-08

● to reassure the public, reducing the fear of crime and anti-social behaviour, and buildingconfidence in the Criminal Justice System without compromising fairness.

Our strategy to delivery this

The public must have confidence that we aredoing all we can to stop crime happening in thefirst place and, when a crime takes place, to bringthe perpetrators to justice swiftly. Only then willthe communities we serve be convinced thatcriminal justice is effective at protecting theinterests of the law-abiding citizen.

Public confidence in the effectiveness andfairness of criminal justice is essential.Low public satisfaction and confidence lead tounnecessary fear of crime and insecurity, andmean the public is less likely to report crime oract as witnesses so we have less chance todeal with it. Poor local intelligence makesdetecting crimes harder, and undermines ourefforts to bring offenders to justice.Recruitment and retention of staff is also harderwhen the service is not held in high esteem inthe community.

Our confidence strategy has two distinctstrands: improving criminal justice performance(for example, by reducing crime and bringingmore offences to justice); and ensuring that theservice communicates better with staff, usersand the public.

Providing better services to the public

There is no substitute for improving basicperformance and providing high qualitycustomer service to our users, and this is key to our strategy.

As the following sections of this strategy set out,criminal justice is undergoing a comprehensiveprogramme of reform that will cut crime,stop anti-social behaviour which destroyscommunities, and bring more offences tojustice, outcomes which we know are vital toincreasing public confidence.

22 CHAPTER 3 WHERE WE’RE GOING

Communities: building confidence

The public will have confidence that the Criminal Justice System iseffective and that it serves all communities fairly.

What will be different in 2008

● Criminal justice will be better at delivering its core business of reducing crime and bringingoffenders to justice.

If you are a member of the public:

● you will have confidence that the system puts the law abiding citizen at the heart of all it does.

If you are a victim of crime, or a witness:

● you will be treated with respect and understanding and provided with the information,facilities and support you need;

● you will receive a high quality service that meets clear common standards. Criminal justiceagencies will be held to account for delivering these.

If you are from a Black and Minority Ethnic (BME) background:

● you will have more confidence that criminal justice treats you fairly;

● unjustified racial disparities in stop and search and in sentencing will have been reduced.

And those working in criminal justice:

● will have made better efforts to get balanced information about criminal justice in the media,particularly the local media;

● will be better at engaging communities and responding effectively to their concerns.Where appropriate, the courts will hold specialised sittings for drugs, domestic violence and anti-social behaviour cases.


People cite the criminal justice experience oftheir friends and family as one of their mostimportant sources of information about criminaljustice. Too often in the past this has beennegative.

Improving the way that we treat the public,particularly victims and witnesses, is essentialto enhancing levels of confidence. Efforts todeliver enhanced confidence are focusedaround five key strands:

● Local delivery: ensuring that criminal justiceagencies, through Local Criminal JusticeBoards, work in a co-ordinated and plannedway to improve the services they provide;

● Staff engagement: informing staff of thereform process and improved services so theycan be proactive in addressing issues andshortcomings in the system when they occur;

● Improving communications: informing thepublic about criminal justice so that they have an enhanced understanding of thesystem and our effort to reform it;

● Research: developing our understanding ofwhat impacts on confidence and what we can do to influence it at both a national andlocal level;

● Co-ordinating national delivery: bringingtogether the many workstreams that impacton confidence to ensure that they aremutually supportive and add value.

Responding to community concerns

Criminal justice agencies should understandand respond to local concerns – such as thepublic’s everyday experiences of anti-socialbehaviour. We are supporting local criminaljustice agencies to improve their arrangementsfor engaging with and involving communities insetting their priorities. For example, prosecutors,particularly those prosecuting anti-socialbehaviour, will become more engaged with thecommunity they serve, understanding theirconcerns and helping to shape criminal justicestrategies to deal with them.

Specialist court hearings will be introducedwhere they can make a difference. We believethat communities and the public should be ableto see courts responding to the problems intheir local area, and that there are patterns ofoffending which justify a targeted approachinvolving specialist courts with trained courtstaff and sentencers.

For example, the Community Justice Centrepilot in North Liverpool, which will be open bythe end of 2004, aims to tackle the low levelcrime and anti-social behaviour which makecommunal life miserable, and to reach offendersand their problems before they progress toserious crime. A multi-purpose communitybuilding, including a court, will bring servicesand facilities together and within easy access of local people. The court will handle low levelcrime where the community is often the victim,and court sentences will combine punishmentwith support to help offenders kick their crimehabit. The community will be involved in helpingto steer people away from crime.

The Centre will provide a variety of adviceservices and help for the offender to tackle thecauses and symptoms of their offending, suchas drug counselling, debt and housing advice orbasic education skills, and acceptance of someof these may be advised by the court.

The judge will follow each offender’s progresspre- and post-sentence and will be able tocongratulate an offender when they have done well, or reconsider the sentence if there isa problem. The community will be able to makerecommendations for community punishmentsto the court (for example, for a particular pieceof graffiti to be cleaned up) so that there isvisible payback for the crimes committed withinthe community. The services available withinthe Centre are not just there for the peoplebrought to court, but will be available to anyoneon a walk-in basis, and facilities at the Centrewill be available for community use.

The principles identified in Liverpool will beapplied elsewhere where the need is identified.We are also introducing new court processeswhere they are needed. For example, specialistcourts for drugs, anti-social behaviour and

domestic violence are being put in place wherethese issues are of particular concern to the community.

Improving fairness of treatment of black and minority ethniccommunities

Research shows that people from some ethnicminority communities have lower than averageconfidence in the fairness of criminal justice.This is not surprising as people from somecommunities are over-represented asdefendants and under-represented asemployees of criminal justice agencies. We areworking with outside organisations and interestsas well as Local Criminal Justice Boards todevelop a better understanding of the scale andcauses of the under- and over-representation ofpeople from ethnic minorities in the CriminalJustice System. We aim to identify barriers toimproved performance and to ensure that thework necessary for individual agencies to meettheir responsibilities under the Race Relations(Amendment) Act is joined up and complementary.We are developing a programme of action thatwill make faster progress in eliminatingdiscrimination in criminal justice.

A particular focus is stop and search, where we want to increase the confidence of black andminority ethnic (BME) communities in how thepolice use their powers and reduce unjustifieddisproportionality. The Stop and Search ActionTeam – Strategy 2004-05 outlines our strategyfor achieving this.

We are also planning a comprehensive two yearstudy into whether there is any quantitativeevidence of different sentencing betweenpeople in different BME and other whitepopulations, and working to ensure criminaljustice agencies have clear, measurable actions to improve BME victim and witnesssatisfaction.

Engaging with staff

Staff working in criminal justice have a majorimpact on public confidence through the qualityof service they provide and the messages theysend out. Engaging staff is critical to raisingperformance by ensuring staff know howcriminal justice is changing, feel part of theprocess and know what is expected of them.This is why we have embarked on a wide-ranging programme of staff engagementactivity at a national level. Communication isbeing improved through a new CJS staffmagazine, CJS Now, and a monthly staffbulletin on the CJS website, CJS Online(www.cjsonline.org). A regular staff confidencesurvey was launched in March to identify staffattitudes and areas for action. Feedback fromstaff is also being gathered through a series ofroundtable discussion events in which Ministersand frontline staff meet to discuss key criminaljustice issues. A new criminal justice staffinduction pack has just been launched forincorporation into agency induction processes,and Local Boards now have a staff engagementinformation pack to help them develop their ownplans. And for the first time, staff will berewarded for their achievements in criminaljustice through the national ‘Justice Awards’Scheme.

Better information to the public

We know that improving services andperformance is not always enough. Effectivecommunication with the public is also essential.We know that the more people know aboutcriminal justice and the work of the differentagencies the higher their levels of confidence.For example, the public’s confidence insentencing practice improves when people arepresented with the facts in individual cases.On the CJS Online website, there is a set ofinteractive programmes which take victims,witnesses, defendants and jurors through the criminal justice process and help themunderstand what will happen, while severalLocal Criminal Justice Boards have organisedCriminal Justice System Open Days for thepublic to come and see how the system works intheir local area. Open Days have included mocktrials, demonstrations of how offenders arecharged with an offence and displays aboutfingerprinting and speed cameras.



Local Criminal Justice Boards have a crucialrole to play in improving information. We areproviding support and resources to help themimprove their communication with the public andthe media so that the public has access tobalanced and accurate information aboutcriminal justice. We are constantly developingthe CJS website, CJS Online, to make it thegateway to accurate and timely informationabout the CJS, designed around the needs ofspecific audiences, such as victims, witnesses,jurors and defendants. We are also workingjointly with the Department for Education andSkills to develop improved education materialsfor the citizenship component of the NationalCurriculum.

The most up to date information we have showsthat public confidence in bringing offenders tojustice stands at 41% for 2003-04, as comparedwith an average of 38% in the year 2002-03.The proportion of the public who believe we areeffective in bringing offenders to justice hasincreased in 35 of the 42 CJS areas. There aresigns that the programme of work we have putin place has started to deliver.

Victims and witnesses will receive aconsistent high standard of servicefrom all criminal justice agencies.

Our strategy to deliver this

Because of the major reduction in crime wehave achieved, the chance of becoming a victimof crime is now at its lowest for twenty years.This is very good news, but we are determinedto ensure that those people who are unluckyenough to fall victim to a crime have the supportthey need to put the experience behind them.

For too long this has been an area wherecriminal justice agencies have been weak.There are too many examples of victims beingtreated without sufficient thought – not keptinformed about their case, given short notice ofthe need to attend court, kept waiting to giveevidence or seeing the case adjourned time andagain, feeling intimidated by the defendant andtheir associates, or by the process itself.

The figures are sobering: in the 2001-02 BritishCrime Survey, only 31% of victims felt that theywere kept ‘fairly’ or ‘very’ well informed by policeabout the progress of the investigation, whileonly half of magistrates’ courts have separate

waiting facilities for prosecution witnesses. Thisis not good enough. And it is not only unfair tovictims and witnesses, it is also self-defeatingfor the criminal justice agencies, as it leads towitnesses not turning up. At least 22,000 caseshad to be discontinued in 2002-03 because ofprosecution witnesses being unable or unwillingto attend court.

We have to improve things so that we deliver abetter basic customer service, and one thatmeets the needs of the people who aresupposed to be at the centre of the CriminalJustice System. Every victim of crime needs toknow that criminal justice agencies will doeverything in their power to bring the perpetratorto justice, and that they will be supported andprotected through this process both as victimsand, if necessary, as witnesses.


Victims and witnesses will receive a consistent high standard of servicefrom all criminal justice agencies.


Criminal justice will be organised to support the victim and thwart the offender. If you are avictim of crime, or a witness, you will:

● you will have a statutory right to high standards of treatment from criminal justice agencies, speltout in a Code of Practice; criminal justice agencies will be held to account for delivering these;

● you will be kept informed at regular stages of the case about what is happening to catch theperpetrator of the crime;

● you will be offered personal support by a Witness Care Unit in all cases where someone is chargedwith an offence. This means a named contact will keep you updated on the progress of the caseand provide information, support and advice to enable you to attend court and give evidence;

● all Crown Court buildings and 90% of magistrates’ courts’ buildings will have separatewaiting facilities for victims and witnesses;

● we will reduce unnecessary waiting for witnesses who have to attend court;

● If you are a victim or witness in significant fear for your safety, you will be offered greaterprotection from new witness protection legislation;

● the Victims Fund, which will pay for better support services for victims, will be boosted by asurcharge on all criminals who are convicted.

Victims and witnesses: consistent high standards of service


Minimum standards of service andtreatment for all victims

We must have consistent standards in eachcriminal justice agency. This is why we areintroducing a Victims Code of Practice in theDomestic Violence, Crime and Victims Bill. Weare also establishing an independent post ofVictims Commissioner to provide a voice forvictims at the heart of Government, and placingthe Victims Advisory Panel on a statutory basis.

Victims Code of Practice: Examples ofthe new service standards for victims

● When a suspect is arrested or charged,the police must notify the victim and tellthem whether or not the suspect has beenreleased on police bail no later than oneworking day after the event for vulnerablevictims and no later than three working days after the event for other victims;

● Local Victim Support Groups should contactvictims by phone, letter or personal visit nolater than two working days after the day the scheme receives the referral from thepolice or is contacted by the victim.

Through the Code, and the managementstandards that will underpin it, we intend to holdcriminal justice agencies to account for howthey treat victims and witnesses.

Supporting people to attend courtand give evidence

We ask a lot of witnesses. We expect them toplay their part in bringing offences to justice. Weneed them to attend trial on the scheduled dateand to recognise that the defence is entitled toquestion and challenge reasonably their versionof events. These civic duties cannot and shouldnot change. However, we can do a great dealmore to make the experience feel businesslikeand safe, to recognise their legitimate needs,and at the end of the process to thank them forgiving up their time.

We have already made some significantimprovements in this area.

With funding from the Government, the WitnessService now operates at every court, givingwitnesses the chance to visit courts in advance,familiarise themselves with the layout of thecourt, and find out more about how the processworks and the support they will be given. We are now piloting devolving the funding for thisservice to Local Criminal Justice Boards so that the service is more closely owned by local agencies.

We are implementing the extra supportmeasures provided for in the Youth Justice andCriminal Evidence Act 1999, which make iteasier for vulnerable and intimidated witnessesto give evidence. These include the use of screensto protect victims from being intimidated by thedefendant; giving evidence by video, or by livelink from another room; using communicationsaids to give evidence; clearing the publicgallery; and dispensing with wigs and gowns incourt (particularly for cases involving children).

These special measures have been extremelyeffective. A third of witnesses using thesespecial measures said that they would not havebeen willing and able to give evidence withoutthis, while witnesses using special measureswere more likely to be satisfied overall with theirexperience than others.

Prosecutors will have a role in championingvictims’ rights, for example by challenging unfairand inaccurate investigation, and ensuringaggravating features of offences, and thevictim’s views in their personal statement, arebrought to the court’s attention.

Further reforms will improve the experience atcourt over the next four years.

First, we will see the nationwide introductionof Witness Care Units. These will be run jointlyby police and the CPS and will take responsibilityfor providing information, advice and support –suh as transport and childcare provision – tovictims and witnesses from when a suspect ischarged right through to sentence.

Witness Care Unit pilots are already inoperation in five areas: Essex, Gwent, NorthWales, South Yorkshire and the West Midlands.

In these areas, significantly more witnesses areattending court as a result of the support theyhave received. The programme has beengranted funding of £36 million over three yearsand will be up and running across England andWales by the end of 2005.

Second, we want all courts to have discretewaiting facilities for victims and prosecutionwitnesses, separated from defendants and theirwitnesses. This is not always easy as many ofour courts are listed buildings and not easy toadapt. Nonetheless, we have already achievedthis in nine out of ten Crown Court buildings andare making progess with the magistrates’ courtestate. By 2008 all Crown Court buildings and90% of magistrates courts will have separatefacilities.

Third, we will reduce unnecessary waiting.Coming to court should be a businesslike affairthat doesn’t involve a long wait or a uselessjourney. In the last year, we have already reducedby a quarter the number of crown court cases thatfail to go ahead on the day scheduled. We intendto make further improvements as well asdiscourage the defendant from stringing out theprocess and pleading guilty at the last minute. Thenext section says more about this.

Fourth, we will use technology to keep victimsand witnesses better informed about theircase. The XHIBIT system used to recordinformation during court hearings has provedduring its pilot at Snaresbrook Crown Court thatthere can be benefits to both witnesses andvictims. Display screens in the court premisesgive witnesses sighting of the status of the trial in each court room, giving them a betterindication of waiting time. Victims and witnessescan access the Court Service website whichshows the status of court proceedings for eachcourt room. This information is updated by theXHIBIT system every 10 minutes. And alerts canbe sent directly to the police from the CrownCourt, to inform them that results and bailinformation are available electronically. Thisenables the police to keep victims and witnessesaccurately informed about their hearing.

Fifth, we will tailor the court process to dealbetter with victims of crimes that need particular

special treatment. Victims of domestic violencewill often require a package of practical andemotional support to help them navigate throughthe sometimes bewildering array of agenciesand services that are available. In a number oflocal projects, an independent support workerhas proved to be a cost-effective way of providingthis support. We are seeking to build on thisapproach, and link it to wider implementation ofarrangements for specialist domestic violencesittings and fast-track procedures in magistrates’courts.

We also plan to pilot integrated domesticviolence courts where the civil and criminalmatters in one case are heard by the same judge.Such pilots would be designed to determinewhether integrated arrangements of this kind,which have proved successful in the UnitedStates, deliver further improvements in thesupport and protection offered to victims. Wehope to have pilot courts operational by 2005-06.

Sixth, we will tackle the problem of witnessintimidation in serious and organised crimecases. Witnesses in this small number of casesfacing serious threat need a much greater level ofprotection to make sure that they are able to give their best evidence without puttingthemselves in danger. They may need to berelocated or their identity even changed. We thinkthis is so important that we will enshrine in law what witness protection should be madeavailable and who is eligible for it, and will createa new offence preventing disclosure ofinformation about protected witnesses andwitness protection programmes. We are alsoreviewing whether setting up a National WitnessProtection Agency would be the best way ofco-ordinating protection for these witnessesacross all police forces and other lawenforcement agencies and will make a decisionby the end of September 2004. For a widercategory of intimidated witnesses, we havealready put in place a Witness Mobility Schemewhich is designed to help re-house them eithertemporarily or permanently.

Finally, to pull all this together, we will supportand drive through further cultural change to improve customer service. We willintroduce management standards to underpin



the Victims Code that will help delivermeasurable improvements in victim and witness satisfaction with:

● the information they are given;

● the attitude of staff they encounter;

● the support they receive if they are victimswith particular needs;

● the way their views are taken into account;

● the reliability with which special support isavailable if required in court;

● the safety and comfort of the court.

Empowering victims

We will continue our drive to empower victims of crime and give them more input into andconfidence about the justice process.

A key task here is to ensure that, wherenecessary, the victim continues to receiveinformation about their case after the criminalhas been sentenced. In cases where anoffender receives a custodial offence of 12months or more for a sexual or violent crime,we have already placed a statutory duty on theProbation Service to keep victims informedabout the custodial process for the offender,likely timescales for release and whether theywill be subject to any conditions upon release.A victim can choose to be contacted by aProbation Service victim liaison officer at anytime during the offender’s sentence. A recentMORI survey confirms high levels ofsatisfaction with the service.

We are also pioneering new ways of involvingvictims in seeing the offender brought to justice.Restorative justice schemes are in place in mostYouth Offending Teams and pilots are underwayfor adults. These groundbreaking schemes givevictims the opportunity to decide with theoffender how to make amends, and offer realpotential to change the victim’s experience ofthe delivery of justice. Evidence from both the

UK and overseas demonstrates consistentlythat involvement in restorative justice can be apositive experience for victims, giving highlevels of satisfaction, as well as redirectingoffenders from a life of crime.

Case Study: Restorative justice

The problem: criminals are caught, tried andpunished in a formalised court based processthat is rarely able to tackle the causes ofoffending, and in which the victim is given littleopportunity to explain how the crime affectedhim, or find out why he was singled out.

The solution: restorative justice conferencesprovide the opportunity for victims andoffenders, and sometimes other members ofthe community, to discuss an offence, getanswers to their questions, and agree how theoffender can repair some of the harm caused.

Sammy Raznack was a fifteen year old boywho was mugged for his mobile phone.Following the attack, he became jumpy andnervous, and he also began to show signs ofbitterness and anger. Accompanied by hismother and sister, he agreed to attend arestorative justice conference with themugger, and his father, sister and wife.

The offender started to explain what hadhappened and why – drugs. Sammy and hisfamily found that the anger they had felt at first was starting to evaporate. “He looked sopathetic: a scrawny fellow with lank hair andsorrowful eyes that were depressed andrefused to meet ours. At some points his eyesfilled to the brim, particularly when Sammydescribed his terror of having his hand prisedopen and his phone snatched.”

“We went there to be comforted but in the end the roles were reversed and, I think,we comforted the offender and his family.”

After the conference, the offender was jailedfor four years. He has applied for drugrehabilitation programmes, educationalsupport and housing assistance for his family.

Supporting victims whose offenderis not identified

It is important to remember that for manyvictims, despite the police’s best efforts, theoffender is never found. The key things we cando here are to reassure the victim, help themnot to become a victim again, and offer thespecialist support they need.

This is a goal that requires action from manydifferent agencies including those outside thecriminal justice world. Health services have a keyrole to play as the case study below illustrates.

Case Study: Supporting victims ofviolent crime

Problem: Many victims of violent crime attendtheir local A&E Unit for treatment for theinjuries. Their cuts and bruises will beattended; their long-term emotional needsmay not. Large numbers do not go on toreport the crime to the police.

Solution: In Cardiff’s University Hospital of Wales, under Professor Shepherd’sleadership, A&E, Victim Support andspecialist health services provide a full rangeof support for victims. Victims have immediatesupport and safe opportunities to report crimeto the police and there is sustained supportover the longer term for victims of violentcrime who need it: a network of services toprovide holistic care taking account of bothphysical and mental health needs. Thiscommunity safety partnership programmehas a strong victims focus and is working totackle alcohol related crime.

We know that some people are victims of crimetime and time again, particularly if they live inhigh crime areas. We are taking specific actionto reduce repeat victimisation, focusing on thecrimes that cause the greatest harm. Forexample, the police have a special responsemodel when they go to a burglary where thevictim has been burgled before. And we haveincreased the funding to Victim Support to £30million as compared with £11.7 million sevenyears ago to make sure victims have access tosupport and help after a crime has taken place.

Recognising that some victims need specialistadvice and support we are taking steps toexpand the resources available and developbetter provision. We have established a VictimsFund to provide a broader range of support andservices to victims of crime, as well as newservices for victims of road traffic incidents,building on the current pilots to test differentapproaches to supporting those bereaved byroad death and those left seriously injured. TheDomestic Violence, Crime and Victims Billcurrently before Parliament includes provisionsto put a surcharge on all criminal convictions,and on Fixed Penalty Notices for acts ofdisorder, and repeat and serious motoringoffenders, which could boost the total value ofthe Fund to up to £30 million.

£4 million from the proceeds of crime is alreadyin the Fund to support victims of sexualoffending. We are extending the number ofsexual assault referral and counselling centres,and exploring the feasibility of a nationalhelpline and capacity building of local voluntarysector provision.




Our goal is to stop crimes happening in the firstplace. But when crimes are committed, thepublic has a right to expect that the CriminalJustice System will do all that it can to bring the offender to justice. That will involve:

● high quality policing to identify a suspect andgather all the evidence needed to achieve aconviction, caution or Fixed Penalty Notice;

● close CPS and police co-operation to ensure that the system gets the charge right at the outset;

● bringing evidence, defendant and witnessestogether on the right day so that if theoffender does contest the charge, the trialgoes ahead on the days its meant to;

● if the offender is convicted – a sentencewhich fits the criminal as well as the crimeand a rapid update for the victim on what thecourt outcome has been.

We will bring more offences to justice through a more modern andefficient justice process.


● We will bring 150,000 more offences to justice;

● We will raise the detection rate from 19% to at least 25%, by improving police effectivenessand deploying new technology, including enhanced DNA testing and Automatic NumberPlate Recognition systems, across the country to target criminals more effectively;

● To get the charge right first time, the CPS will provide 24 hour legal guidance seven days aweek to the police on what charge to bring;

● We will relentlessly target the top 15-20 prolific offenders in each Crime and DisorderReduction Partnership area, and more in bigger areas, and give the police, the CPS and theSerious and Organised Crime Agency the powers they need to take on the most serious andorganised criminals;

● We will divert more people from court who do not need to be there by extending the use ofFixed Penalty Notices to a wider range of offences by March 2005 and by rolling out CPSpowers to issue conditional cautions;

● Where cases do need to come to trial, we will ensure that they arrive at court ready toproceed, reducing the numbers of wasted trial hearings by 2007-08 by another fifth in theCrown Court and in the Magistrates’ Courts by another third;

● We will have reformed the legal aid system to eliminate time wasting and delay and focushelp and support where its most needed;

● With new Witness Care Units to support witnesses as their cases progress, we will raisewitness attendance, leading to fewer adjournments and reducing the temptation fordefendants to delay guilty pleas.

Offenders: bringing more offences to justice

Until 2001, the number of offences brought tojustice

1had actually been falling. We have now

turned this around and there has been sustainedperformance improvement since June 2001. Thegraph above shows the performance to date

2.

In each area, the heads of the criminal justiceagencies, meeting together in Local CriminalJustice Boards, have taken responsibility jointlyfor delivering this improvement. The Boardshave implemented reforms to every stage of thejustice process. The chart below shows some ofthe issues they have been addressing.


Crimerecorded Detection Charge

Casebuilding Court Sentence

Bringing more offences to justice: an end-to-end strategy

Police detect morecrime; Fixed PenaltyNotices extended to awider range of offences

CPS assumeresponsibility forcharging, resulting infewer discontinuancesand more early guiltypleas

Witnesses supported ingiving their evidence.New measures to ensuredefendants attend court.

Sentences andorders of thecourtsthoroughlyenforced.

Off

ence

s B

roug

ht to

Jus

tice

Year ending

1,200,000

1,250,000

1,150,000

1,100,000

1,050,000

1,000,000

950,000

Mar-99 Mar-00 Mar-01 Mar-02 Mar-03 Mar-04 Mar-06Mar-05 Mar-08Mar-07

Trajectory

Latest performanceMar 2004: 1,070,755

SR 2004 PSA Target: 1.25 million OBTJ in 2007-08

Target: 1.15 million OBTJ in 2005-06

Target: 1.05 million OBTJ in 2003-04

Note: All figures excludeminor motoring offences

Baseline March 2002: 1,002,200

Offences brought to justice (OBTJ)

1 An offence brought to justice is a recorded crime that results in a caution, conviction, penalty notice, or is taken intoconsideration by the court. In the case of juvenile offenders, it includes final warnings and reprimands.

2 Performance has been adjusted to reflect some minor motoring offences which have been included until now in ourstatistics but will not be included in the future.


Driving up the number of detections

To bring more offences to justice, more crimeneeds to be detected. The police need toidentify a suspect and assemble the evidence tobring the case to court. The average detection

3

rate across England and Wales will need to beraised by at least 6 percentage points to 25% by2007-08 to meet our target to bring 1.25 millionoffences to justice by then.

This improvement will be delivered by improvingefficiency and effectiveness and making surethat best practice is shared and deployed inevery force:

● better distribution of tasks between policeofficers, community support officers andcivilians will help to maximise efficiency andput more police onto the frontline;

● improving technology, with enhancedfingerprint and DNA capability and better useof Automatic Number Plate Recognition,which enables officers in the field to identifyknown offenders from their licence plates, willplay a vital role in targeting criminals moreeffectively;

● spreading good practice on cautioning andencouraging offenders to admit to furtheroffences to be taken into consideration by the court.

Strong performance management will also be crucial in making sure that every forcedelivers. Targets to close the gap in detectionrates between comparable forces will driveimprovement, and scrutiny of the end-to-endperformance of each force will help to ensurethat each force learns from the best. Forexample, Northumbria’s detection rate in 2003-04 was 27%, while Staffordshire raised itsdetection rate from 19% to 23% between 2001-02 and 2003-04.

Getting the charge right

Once a crime has been detected, determiningthe right charge at the outset is critical toensuring the prosecution process is successful.In the past, cases have sometimes collapsed orgot bogged down because a charge waschosen that wasn’t backed up by sufficientevidence to prove it. The CPS’s experience incourt means they are well-placed to judge whatcharges are supported by the evidence. We arenow bringing the CPS in early to the process, soa trained prosecutor works alongside the policefrom an early stage, advising them on whatcharge to go for and on the evidence they needto assemble to bring a successful case. TheCriminal Justice Act 2003 gave the CPS thisresponsibility for the first time, and pilots haveshown dramatic improvements at every stage ofthe criminal justice process as a result:

We now plan to roll the scheme out nationally byMarch 2007. Prosecutors will provide a 24 hourearly advice service, seven days a week to thepolice on the investigation and will determinethe charge. We expect the results to beimpressive and to make a real impact on thenumber of offences brought to justice. Withstronger prosecution cases:

● we expect to reduce attrition of cases notbeing put before the courts from 40 to 31percentage points, an overall improvement of 23%;

● more defendants will plead guilty early. Weexpect to see an increase in guilty plea ratesfrom 40 to 52 percentage points, an overallimprovement of 30%;

● we expect to see the rate of casesdiscontinued by the CPS decrease from 36 to 11 percentage points, an improvement of 69%.

The new arrangements will be the cornerstoneof the system and involve experiencedprosecutors in helping courts to reach the righttype of disposal (for example, Anti-SocialBehaviour Order, Confiscation Order, DrugTesting and Treatment Order).

50%

60%

40%

52%

36%31%

11%

40%

30%

20%

10%

0%

Baseline Sample Pilot Sample

•Magistrates’ court EAH Caseload

Results of the charging pilots on Early Administrative Hearings3

An increase in guilty plea rates

A decrease in attrition rates

A decrease in discontinuance rates

Reducing the number of trials thatdo not go ahead on the day

Considerable resources, time and effort are putinto bringing cases to court. We have cut theproportion of trials that do not go ahead on theday scheduled – in the Crown Court by aquarter – but we have not yet eradicated theproblem. This wastes money and demoraliseswitnesses. Tackling the reasons why trials donot go ahead, and in some cases subsequentlycollapse altogether, is another key plank of ourstrategy to bring more offences to justice.

Until recently, there has been no clearaccountability or system for ensuring that casesturn up at court ready to proceed. The EffectiveTrial Management Programme (ETMP) ensurescases are properly prepared and ready to goahead on the day they are listed to be heard.

We are also taking steps to make sure thatdefendants attend court when they aresupposed to and that action is taken if they donot. Where offenders fail to turn up, trials may

proceed in their absence and they will bepunished for failing to attend. The next sectiondescribes this area in more detail. Pilots of theETMP in three criminal justice areas showencouraging early results – one Crown Courtarea has halved the rate of trials that don’t goahead on the planned day in less than a year.

As part of ETMP, a new Criminal CaseManagement Framework sets out the roles andresponsibilities of all parties to progresscriminal cases. It also sets out what the partiescan expect from the courts on case progressionand case management. The judge has a keyrole in managing the length of the trial.

Maximising witness participation

Ensuring that the witness attends court can bepivotal to bringing an offence to justice. 22% ofineffective Crown Court trials and 26% ofineffective trials in the magistrates’ courts arecaused by the failure of a prosecution witnessto attend.


3 An early hearing before a single magistrate or magistrate’s clerk rather than a full bench, to consider the pre-trialpreparation of all cases to be tried in the magistrates’ courts. They also consider applications for legal aid and bail.


Witness Care Units, which have been piloted in5 areas across England, with roll out to all areasto take place by the end of 2005, should lead toa marked improvement in the rates of witnessattendance at court. The results of the pilots are shown in the graph overleaf.

Improving efficiency

It is in no-one’s interest for a case to come tocourt, with all the time and money this involves,if it can be dealt with satisfactorily in other ways.Our vision is to bring more offences to justicethrough a modern and efficient process. Somecases which currently go through the fullcriminal justice process could be dealt with aseffectively through the use of Fixed PenaltyNotices (FPNs). Extending the use of FixedPenalty Notices to a wider range of minoroffences, such as shoplifting and criminaldamage, and the use of conditional cautioningpowers, contained in the Criminal Justice Act2003, will enable the courts to focus on gettingthe right result from every serious case. Wherecases do need to come to court, we will beproactive in encouraging them to be resolved asquickly as possible, by encouraging early guiltypleas and cutting unnecessary hearings.

Legal aid

Publicly funded legal advice and representationis a fundamental right in a democratic society –no-one should be denied representation in courtthrough lack of means.

The principles underlying the provision ofcriminal legal aid must remain inviolable – toensure that those suspected of or charged witha crime have access to affordable or freeadvice, assistance and representation, as theinterests of justice require.

But the way that the public prefers to accessadvice and support has changed radically inrecent years and we must respond to thesechanges in the way in which we provide thathelp. In this respect, the Criminal DefenceService is well placed to learn and borrow from

innovations in civil legal advice delivery such asthe Community Legal Service Direct web-basedservice, pioneered by the Legal ServicesCommission. Pilots such as the Public DefenderService are also testing new and differentsupply models.

Also our legal aid system needs to reflect theresource constraints that affect all publicservices and to ensure that the taxpayer isreceiving the best possible value for money sothat limited resources are used to best effect bytargeting them on those most in need of help.

The Fundamental Legal Aid Review, scheduledto report to Ministers in 2005 is, taking afundamental, long-term look at how we providepublicly funded legal advice and support. Theaims of the Review include putting criminal legalaid spending on a sustainable basis in thelonger term whilst ensuring fairness fordefendants and supporting the efficiency of theCriminal Justice System as a whole.

The Review will address the underlying legalprocesses which drive legal aid costs, ensuringthat legal aided defence work is better focusedon what is needed to deliver a fair and efficientCJS. It aims to develop smarter purchasingarrangements which incentivise efficient deliveryof legal services of the right quality and is lookingin particular at the operation of high cost cases,the efficiency of criminal case management andthe options for procurement pilots.

In the shorter term, various measures havebeen or are about to be introduced to securegreater control over the increasing costs ofcriminal legal aid and to focus resources on theareas of highest priority (whilst honouring ourobligation to provide a defence):

● the Very High Cost Criminal Case Scheme.The most expensive 1% of cases by volumein the Crown Court account for 51% ofexpenditure in Crown Court cases, 28% ofexpenditure on criminal legal aid and 16% ofthe total legal aid budget. Their cost has beeninflating at around 12% a year. The scheme

90%

100%

95%

85%

80%

75%

70%

65%

Baseline(Qtr 2 2003)

Mar-04 May-04 Jun-04Nov-03 Dec-03 Jan-04 Feb-04 Apr-04

Witness attendance rate at court

Month

Essex Gwent North Wales South Yorks West Midlands

will deliver better cost control, and will helpmitigate the rate of inflation in this area ofbusiness, as well as securing savings;

● reintroducing means-testing. We will legislateshortly on criminal legal aid to give powers torequire those who can afford to pay theirdefence costs to do so when they are foundguilty.

The Legal Services Commission (LSC) isleading joint work with the Crown ProsecutionService and the professions to change the feestructures to incentivise lawyers to preparecases earlier. In the Crown Court, we areworking with the professions to considerchanges to defence fees (e.g. for plea anddirection hearings) to establish whether thiswould help encourage early guilty pleas,incentivise early preparation and reduceineffective trials. Conclusions are expected bylate summer 2004.

Prosecution counsel fees

The issues that affect the Legal ServicesCommission in respect of legal aid have alsohad a similar impact on the CPS.

Overall costs of prosecuting criminal caseshave risen in recent years in line withtechnological advancement. Greater use ofmobile telephones and personal computersprovide a rich and useful source of evidence tosupport the prosecution case. But it is a timeconsuming and costly exercise to elicit theevidence and produce it in court. Advances inDNA and other forensic techniques are beingused successfully by the prosecution but thesealso require more expert evidence than hasever been used before in criminal cases.The CPS is playing its part in bearing down onmanagement, control and payment ofprosecution counsel fees. The CPS will beintroducing a new scheme for managing highcost cases, after discussion with the Bar andwith the Department for Constitutional Affairs,and the scheme will be aligned with the DCA’sscheme on high costs cases for the defence.



Tailoring the criminal justice processto fit the crime

By tailoring the criminal justice process to thetype of crime involved, we can make a bigdifference to how effectively we deal with it:

● Repeat offenders can make a community’slife a misery. We believe that anti-socialbehaviour (ASB) can best be tackled bygiving a swift punishment, such as a FixedPenalty Notice, which does not involve the fullcourt process and puts a stop to the culpritsimmediately. We have introduced specialistASB prosecutors and ASB Response Courtsin 12 areas, so that we can take actionquickly where a community is being disruptedby the ongoing bad behaviour of a fewindividuals. Special features of the courtprocess include: close liaison between localstakeholders, including criminal justiceagencies and the local authority; speciallytrained magistrates and judges; informationabout the impact that the behaviour is havingon the community; and publicity in the localmedia. We plan to extend coverage to otherareas where there is a high level of anti-social behaviour.

● We know that about 5,000 people commitnearly one in ten crimes, over a million crimesin total. It makes sense to focus our energyon tackling them to make the most significantimpact on reducing crime and the amount ofharm that is caused to communities. In eachlocal Crime and Disorder ReductionPartnership area, the top 15-20 prolificoffenders will be identified, with moretargeted in larger areas, using the police’sNational Intelligence Model, and on the basisof the local Crime and Disorder ReductionPartnership’s crime reduction priorities. Theywill be targeted with intensive help to addressthe causes of their offending, but closelymonitored and fast-tracked to justice if theyare detected committing a crme. Where highrisk offenders fail to turn up at court or flouttheir community punishment, they will be toppriorities for enforcement action.

● Drug dependency is often a key factor in theoffending behaviour of prolific offenders.Evidence shows that close sentencer reviewof drug treatment plays a significant role insuccessful rehabilitation. The Governmenthas already developed, and is piloting,specialist magistrates’ sittings for drugs cases.

Building on this success the Government willset up the first full drugs courts (involvingtrained sentencers, inter-agency co-operationand regular court reviews to track progress) in2005, and establish these courts in everyplace where they are needed by 2008.

● For crimes where the rate of conviction isvery low, we are looking specifically at howwe can take special action. Domesticviolence is a good case in point. We haveanalysed each step of the criminal justiceprocess to identify the reasons for this. Themeasures we have devised include greatlyimproved support for victims and specialistdomestic violence sittings in court. Sixdomestic violence courts are up and running,and we plan to extend this approach to other areas.

● Organised crime should get a dedicatedresponse. Building on measures in theCriminal Justice Act 2003, further reforms areplanned to increase the chances thatoffenders involved in organised crime will bebrought to justice, for example, through theearly involvement of prosecutors workingwith investigators. Judges will also have agreater role in managing more complexcases, supporting juries to understand andjudge the evidence, or acting alone in judge-only trials. The fight against serious andorganised crime will be given extra impetusthrough the establishment of the Serious andOrganised Crime Agency which will beoperational in 2006.

● Taking away money gained from crime takesaway the main motive for crime and deprivesthe offender of their working capital tocommit more crimes. We have introducedtough new arrangements to deprive criminalsof their illegal gains. The Proceeds of CrimeAct 2002 introduced stringent new powers toseize, confiscate and recover criminal assets.And we have set up a national AssetsRecovery Agency to take charge of theinvestigation and recovery of the proceeds ofcrime. This new approach is already makinga big difference; the value of assetsrecovered doubled in the past year.

Differentiating the process to the crime in thisway will help us to make sure that the number ofcriminals whose crimes go unpunished isreduced dramatically.

Establishing specialist courts

There is growing evidence from abroad thatmore specialist problem solving courts mayimprove the way the Criminal Justice Systemdeals with particular problems. Specialisationallows us to use problem solving techniquesapplicable to each category of offender.

Such courts typically seek to broaden the focusof the proceedings, so that they don’t merelyadjudicate on past facts and legal issues, butlook at early intervention into the behaviour ofoffenders and patterns of behaviour. Specialistcourts can respond to the concerns of thecommunity which makes up their geographicaljurisdiction and most, if not all, maintain aninvolvement in monitoring and even managingthe sentence after it has been passed.

We will develop a strategy for specialist courthearings, drawing on experience from otherjurisdictions and lessons learned frominnovative court sittings here, to ensure wemake the best possible use of specialist courtsin England and Wales.

The principles underlying our approach are:

● communities and the public should be able tosee courts responding to the problems intheir local area;

● there are patterns of offending which justify atargeted approach involving specialist courtswith trained court staff/sentencers;

● although it is for government to providedirection and encouragement, it is a matterfor local areas to develop the model anddetermine local priorities;

● it is essential that there is engagementbetween local agencies to inform and assistthe development of specialist approaches topatterns of offending in a local area.

Case Study: Specialist drugs courts

Problem: Sentences often do not tackle theunderlying causes of drug addicts’ offendingbehaviour.

Solution: During 2003-04, we have beenpiloting at Bristol and The Wirral Magistrates’Courts a specially trained drugs panel and aconsistent bench for the review of individualDrug Treatment and Testing Orders. Thehypothesis being tested is that sustainedpersonal contact will help to motivate theoffender to see out his order successfully.Evidence indicates that offenders whocomplete the DTTO are significantly morelikely to stay drug-clean and crime-free.Early signs from the pilot are positive.

We will use the outcomes of this pilot andevidence on specialist courts from abroad to develop a strategy for drugs courts forspecified Class A drugs by Autumn 2004,with the aim of setting up the first full drugscourt in 2005 and rolling these out to all areaswhere there is a need by 2008. Our drugscourt strategy will also inform our strategy inrelation to anti-social behaviour, and domesticviolence courts, as well as informing our long-standing Community Justice Centre project in Liverpool.




The public expect us to deliver justice, and to doso efficiently. This goal is frustrated ifdefendants due in court or sentenced to fines orprobation are able to default without swift androbust penalties. Defendants should complywith the decisions and penalties of the courtfirst time, without the need for furtherintervention. But when they do not co-operate,rigorous and robust enforcement action will betaken.

Ensuring defendants attend court

Currently, defendants fail to turn up in 5% of allmagistrates’ court hearings and 3% of allCrown Court hearings. This causes frustrationand disappointment to victims, involves largecosts to criminal justice agencies, wastes thetime of all those involved in the case andpotentially leads to the collapse of the case aswitnesses become demoralised and give up.

We are tackling this problem in several ways:

● Provisions of the Criminal Justice Act 2003reverse the presumption in favour of bailunless the court is satisfied that there is nosignificant risk of re-offending while on bail.The Act extends to all imprisonable offencesthe right of the prosecution to appeal againsta decision to grant bail.

● We are introducing new ways of restrictingthe ability of juvenile offenders to reoffendwithout sending them to custody. Electronictagging for 12-16 year olds on bail wasintroduced in June 2002. And the IntensiveSupervision and Surveillance Programme(ISSP) has targeted over 9,000 of the mostserious and persistent young offenders sinceits inception in July 2001.

● Where bail is granted, the defendant willreceive written reminders, such asappointment cards, telephone calls and textmessages to make sure they attend. And eacharea will have a nominated Warrant Managerin courts to liaise with the defence, CPS andpolice and review outstanding warrants.



● Defendant attendance at court will have improved and we will be better at apprehendingthose who fail to appear;

● Smarter sentences will punish the offender and protect the public but will also help criminalsto stop offending, including through intensive drug treatment;

● The police, CPS, courts and other agencies like the Serious and Organised Crime Agencywill be able to keep at least 50% of the value of all the criminal assets they help seize;

● The percentage of fines collected will be higher;

● Community penalty breaches will be brought to court faster and more reliably;

● Using the Police National Computer, the Police will be able to target defaulters, and tell at a glance whether people they pick up are on the run from court, have outstanding fines orhave breached a community sentence;

● We will tackle loopholes that allow offenders to escape enforcement by improvinginformation sharing and giving officers more powers;

● There will be financial incentives for enforcement staff for good performance.

Enforcement: ensuring court orders and sentences are carried out

● If bail is breached, swift police action willensue, and it will be harder for defendants toevade being brought back to court. OperationTurn-Up, which is planned for the end of theyear, will blitz outstanding warrants, targetingdefendants and encouraging them tosurrender. Improved technology and betterinformation sharing will help with tighter andfaster enforcement. By the end of the year,court enforcement officers will have accessto the Police National Computer, and warrantdetails will be emailed by the courts to the police.

● We will deter bail breaches by ensuring thatthe consequences of breaching bail areharsh and making clear that actions will betaken promptly by the court. Defendants cannow expect action to be taken straightaway,and to be punished for this whatever thedecision on the original case. The Lord ChiefJustice issued tough new guidelines ondealing with bail breaches in January thisyear. If offenders skip bail they can nowexpect this to be dealt with immediately,rather than the court waiting until the maincase is completed. Bail will generally eitherbe revoked or stricter conditions applied. Ifthe defendant still fails to attend for their trial,the guidance instructs judges to considerconducting the trial in their absence. It saysthat sentencers should impose a separatepenalty for the bail offence, which will usuallybe a jail sentence.

Local Criminal Justice Boards are alreadybearing down on problems in individual cases,and many have made considerable progress.These measures will tighten up procedures inevery area and ensure that defendants do notwaste the time of victims, witnesses and courtsby failing to attend.

Making sure offenders pay their fines

Almost 70% of people sentenced by the courtare given a fine. However, in recent yearssentencers have been imposing fines lessfrequently, despite it being an appropriate andsensible penalty in many cases. This has causedpressure on the prison estate and meant thatsome offenders were sent to custody who could

have been dealt with as effectively in other ways.This decline in the use of fines was caused bytwo related factors - firstly, a view amongsentencers that many offenders were unable topay fines, and, secondly, a perception thatwhere an offender was given a fine, and couldpay, but did not, the system did nothing topursue them.

We are tackling the first problem by enablingoffenders to convert a fine to equivalent hoursof compulsory work. This will soon be pilotedand will roll out nationally if successful for thosewho genuinely cannot afford to pay a fine.

Meanwhile we are working hard to make surethat every offender who defaults on their fine ispursued and made to pay it. Our approachincludes:

● increased powers for frontline enforcementstaff – such as powers of search and entry –which will help staff to be as effective aspossible. New measures and sanctions fromthe Courts Act 2003 to help recoup finerevenue are also being piloted. These includeattachment of earnings, deduction of statebenefits, and car clamping;

● better management – accountability hasbeen sharpened by the appointment of fineschampions in every Magistrates’ CourtsCommittee, coupled with a new, much morerestrictive policy for writing off fines;

● new financial incentives for teams and for theCourt Service as a whole.

We have already improved enforcementperformance so that the proportion of fines paidstood at 75% last quarter (March to May 2004).

A national target of 78% of fines paid has beenset for 2004-05, with a view to sustaining andbuilding on the progress already made. We areon track to deliver this. Individual targets havealso been set for the large metropolitan areas(like London and Merseyside) which togetheraccount for 40% of the total fines imposed eachyear. Using the new powers and systems now inplace, we will deliver year-on-year improvementin collections over the next five years.



Acting effectively where communitypenalties are breached

The Government believes community penaltiesare appropriate and cost-effective punishmentsin many cases. But to command confidenceamong victims, sentencers and the public ingeneral they must be rigorously enforced.

Around 13% of people sentenced by the courtare currently given a community penalty. Butsadly too many offenders fail to comply fully withthe terms of their community penalty. After a firstchance, a second unacceptable absence willtrigger breach action. The Probation Servicemust start the breach proceedings and pass thecase to the court within two weeks. Performancehas markedly improved in the last seven yearsand they now do this in 84% of cases against atarget of 90%. But after this initial step, the wholeprocess can be long, cumbersome and complex.

Last year, over 40,000 warrants were issued foroffenders who had failed to attend court whensummoned following a community penaltybreach. It then takes time before the offender istracked down and made to answer for the breach.Most of the warrants do not allow bail so once theoffender has been located, they will be held incustody until they appear before the judge.

We need to speed up the process and improveits effectiveness. We plan to do this by:

● prioritising prolific offenders – with theexception of highly dangerous offenders, thecurrent community penalty breachproceedings do not standardly distinguishbetween different types of offenders. Forexample, despite the much higher rate ofreconviction of offenders on Drug Treatmentand Testing Orders (DTTOs), a breach bysomeone on a DTTO is subject to the samestandard as an offender who has missed afortnightly report-in. We are now working toaddress this so that we target our resourcesto best effect for the community. We willdevelop a fast track national standard toensure prolific offenders are returned rapidly to court;

● tightening up procedures – the CriminalJustice Act 2003 removes Probation Officers’

discretion not to breach an offender wherethey fail to complete their penalty; sentencerswill impose a new penalty on the offender forbreaching their community penalty;

● setting clear end-to-end targets forimprovement – it is important that targets aresimple, clear and understandable, both tothose working in criminal justice, and thepublic. This year, community penalty breachwarrants must be executed within 28 days.Areas in which performance has previouslybeen poor have been set more challengingtargets with some areas expected to improvetheir performance by up to 35 percentagepoints. For 2005 onwards, we plan to redesignour targets for community penalty breachenforcement to take into account the full end-to-end process from when an offenderbreaches to their appearance in court;

● fostering closer working relationshipsbetween probation and the courts, throughthe steps we are taking to improve jointworking across the system.

Making these changes will demonstrate thatdefaulting on a community penalty is taken veryseriously by the Criminal Justice System, andwill ratchet up the credibility of communitypenalties among sentencers, and the public.

Giving the frontline the right tools to deliver

Across all three areas – court attendance,fines, community penalties – staff involved inenforcement need the right powers and tools to maximise their effectiveness.

We are taking action to make sure that staff:

● have the legal powers they need to act swiftlyand decisively;

● can access better intelligence on which to act;

● have the right incentives to improveperformance;

● are organised as effectively as possible to deliver.

Giving the frontline the right powers

Until now, enforcement staff have sometimesbeen hampered by not having the legal backingfor the action they need to take. This will nolonger be the case.

Court enforcement officers will now havepowers of search and entry, enabling them tocollect unpaid fines and execute communitypenalty breach warrants more effectively. Andwe will give police civilian enforcement officersthe power to execute Failure to Attend warrantswhere a defendant does not turn up at court.

We will also legislate to ensure that courts canhear cases in the area where the defendantcurrently lives, rather than where they committedthe offence. This will simplify administration andmean greatly improved results.

And we are finding new ways of making peoplepay what they owe. We are piloting the use ofcar-clamping for fine defaulters and creditblacklisting them. As part of a national pilot fromApril this year, we are also moving towardsdeducting fines directly from earnings orbenefits.

Better intelligence and information-sharing

Curently, there no single data source to identifyindividuals who may be wanted by a host ofpolice forces and courts for fine arrears, failingto appear in court or probation breaches. Thismeans that agencies are often pursuing thesame offender separately for breaches ofdifferent types of warrant. The police may arrestsomeone and bail them without knowing aboutoutstanding warrants for them. Equally, unknownto a court, the defendant appearing in front ofthem may have failed to answer chargeselsewhere or have other outstanding fines orcommunity punishments. This leads to poorlyinformed decisions, frustration on behalf of theprofessionals involved and unnecessary costs;it also helps undermine public confidence in criminal justice.

To fix this, we are giving direct access to thePolice National Computer to all Magistrates’Courts Committees by Autumn 2004. This willenable warrants to be entered promptly onto thesystem so police are aware of and can act onthem. We will also link this into the AutomaticNumber Plate Recognition (ANPR) system sothat offenders wanted on warrants can beidentified when their car is spotted by an ANPR camera.

To help track offenders down when they havewilfully avoided attending court or are notcomplying with a court’s sentence, we areensuring that enforcement teams have accessto information held by other organisations, suchas the databases of the Department for Workand Pensions and credit reference agencies, so that we can use benefits data or credit recordsto locate offenders.

Incentives for better performance

It will help improve performance if localagencies who work to enforce the penalties ofthe court benefit directly from all of that hardwork. We will extend the range of incentiveschemes which reward frontline organisationsfor excellent results:

● Asset recovery: depriving criminals ofassets and the fruits of their crime reinforcesthe message that crime doesn’t pay. Tosupport the recovery of assets, we will extendthe current scheme under which we can usethe money we recover to fund the necessaryinvestment. We will allow the police, CPS, theAsset Recovery Agency, the Serious FraudOffice, the Customs and Excise ProsecutionOffice, courts and the Serious and OrganisedCrime Agency to keep at least 50% of allcriminal assets that they help to seize fromApril 2006 onwards.

● Fine and compensation order payments:three quarters of all fine revenues collectedover and above performance targets will beploughed back into local courts. Resources will also be used to recognise and encourageexceptional efforts and performance byindividual practitioners or teams ofenforcement professionals.



● Warrant and community penaltyenforcement: we will trial schemes tosupport and encourage joint delivery andinnovation by criminal justice agencies.

Professionalising enforcement

Over the next five years, the agencies working in enforcement – the police, the Courts Service,the National Offender Management Service –will work closely together as a visible,professional and collaborative enforcementsquad, targeting special assistance to areas of greatest need.

Enforcement staff will have a distinct and visibleprofile. The enforcement profession will formbetter cross-agency links and improvecollaboration, information and knowledgesharing.

By adopting this approach (a close HM CourtsService, NOMS and police partnership focusedon professional enforcement) we can tackle theminority of hardcore defaulters who persistentlyand wilfully default on criminal penalties andundermine the credibility of penalties as awhole.

Customer service

We aim to raise criminal justice performance.But we also want service users to feel thechange. In the past, the delivery of justice hassometimes been at the expense of excellentcustomer service. For example, victims weretreated only as prosecution witnesses, expectedto turn up at court as and when expected, withscant regard for their needs. And the treatmentthey received varied between staff and agencies.Criminal justice agencies are getting better atpaying attention to how their users are treated.But we need to go further. We aim to raiseservice standards across the system so thatevery victim, witness and other customer knowsthat they will experience a high standard oftreatment from whoever deals with them.

Technology can help with this. It will enable usto improve the speed and effectiveness of ourservices, and to provide better customerservices too, such as providing victims andwitnesses with immediate, up-to-dateinformation about their case, when they need it.

Better collaborative working between agencieswill also make a difference to the end users. LocalCriminal Justice Boards bring agencies togetherto determine what services to prioritise to bestmeet local needs and match community priorities.

And having a trained, motivated workforce isvital. Unless we are able to recruit and retainstaff of the right calibre, we will not be able todeliver the step change in performance werequire, nor meet the high standards ofcustomer service we are setting ourselves.


Criminal justice will be a joined up, modern and well run service, and anexcellent place to work for people from all backgrounds.


● High common standards of customer service will be delivered across all agencies involved incriminal justice; victims and witnesses will have a statutory right to minimum service standards;

● Leading edge technology will have transformed the detection of crime and the processingand management of offenders; developments will include a national intelligence system forall police forces; a modern replacement for the Police National Computer; and enhancedDNA and fingerprint databases, and a facility to match potential offenders by palmprints;

● Through a further £800 million investment in CJS IT on top of the £1.2 billion alreadypledged, all criminal justice staff working will be able to communicate swiftly and efficientlythrough a single linked IT infrastructure. Electronic case management systems will havetransformed case handling between the police and prosecution team, in the courts, and inthe management of offenders;

● As the teams which bring together chief officers at local level, Local Criminal Justice Boards(LCJBs) will be well established bodies, resourced and empowered to deliver;

● The relationship between the criminal justice departments will have been strengthened,underpinned by the creation of the Office for Criminal Justice Reform, a trilateral centre forthe Criminal Justice System;

● We will have the right numbers of staff, with the skills, remuneration and powers they need to do their jobs effectively;

● The criminal justice workforce will be better motivated with low staff turnover, low levels ofsickness absence and high levels of job satisfaction;

● The workforce in each criminal justice agency will be more diverse, more fairly representingthe local community it serves.

Users: better service for customers


Modern technology for moderncriminal justice

Modern technology offers the potential torevolutionise the experience of those who workin criminal justice, and those who use itsservices. It will impact on all aspects of criminaljustice – from crime fighting (digital fingerprinting, DNA testing, Automatic Number PlateRecognition, intelligence analysis and profiling);prosecuting offenders (video ID parades, casemanagement, listing, evidence via livelink/video, or electronic presentation ofevidence by the Serious Fraud Office andCustoms and Excise Prosecution Office); andsentencing and enforcing penalties (riskassessments and sentencing reports, offendermanagement, notification of defaults). Thesedevelopments will allow those working incriminal justice to improve the overall quality ofthe service provided to the public.

Our plans for the modernisation of criminaljustice require a step change in theperformance of the agencies and the way inwhich they work together, and IT will help us dothis. We are, however, starting from a very lowbase. For example, until recently, prosecutorsdid not have access to computers, and basicprocesses in the courts, such as listing casesfor trial, are still paper-based. There is a lack ofmodern IT infrastructure and systems. Andwhere systems exist, they cannot talk to oneanother. This results in inefficiency andineffectiveness, for example:

● information has to be re-keyed into differentsystems as it travels between or even withinindividual agencies, wasting time and moneyand increasing the risk of errors;

● information travels slowly and is not availableto the people who need it, when they need it;

● many staff have not had access to email orinternet-based systems.

Our vision is that by March 2008 anyoneinvolved in criminal justice – users of it or people working within it – should have electronicaccess to the information they need across thebreadth of their dealings. Ending the great

paper chase will improve performance withinthe agencies and benefit the whole. To achievethis, we are making an unparalleled investmentin Criminal Justice IT. Over £2 billion is beinginvested in systems and infrastructure up until2007-08. To maximise the benefits, we have set up a co-ordinated and comprehensiveprogramme right across the system. Thisinvestment will mean that for the first time we have:

● modern IT infrastructure, so that peopleworking in criminal justice have access tostandard office applications such as emailand internet-based services;

● national systems for managing caseswith priority given to the police, CPS andmagistrates’ courts;

● linking up the case management systemsso that information can be shared betweenthem, and making information available tothose who are authorised to see it. We arealso working with practitioners to help themmake the business changes necessary toachieve the full benefits of the technology.

What difference will modern technologymake to people working in the CJS by2008?

The police will have real time access toinformation on offenders, wherever they are,whenever they need it. When a police officerstops someone, they will be able to checkimmediately whether, for example, there areany outstanding warrants against them orwhether they are on probation. They will alsobe able to identify offenders from their vehicleregistrations, which will increase the numberof detections. The national roll-out of the newdigital mobile radio-communications serviceprovides a truly reliable, secure nationalpolice communications service for the firsttime and will also support access to varioussources of information while out in the field.Police officers will also be supported in theirdetections work by the continueddevelopment of the national DNA databaseand the national fingerprint identificationsystem which allows fingerprints to be takenelectronically and checked against a

database of records within minutes. By usingvideo recordings, identification parades will beorganised more quickly, which will mean thatthe witness is more likely to be able to make apositive identification.

The police will also have immediate electronicaccess to information about when trials willtake place and about court decisions, such aschanges to bail conditions, meaning that theycan act on them immediately. Police officersgiving evidence in the Crown Court will benotified by email, text or pager messageshortly before they are required, so as toreduce the amount of time wasted waiting to be called.

As suspects are taken into custody, policeofficers will enter data into a custody casemanagement system, with the ability to checkagainst the records on the Police NationalComputer. Once charged, the defendant’sdata will be built up into an electronic case file which can then be shared with the CPS.There will be no more endless passingbackwards and forwards of paper filesbetween the two; transfer will be doneelectronically, saving time, increasingaccuracy and reducing the chances ofinformation going missing. By using electronicfiles, prosecutors will be able to shareinformation and easily cross-reference dataon an individual or on a related case.

The courts will have electronic access to thecase information they need from the police,CPS and the National Offender ManagementService. Court officers will have electroniclinks to the other key players in the courtprocess, speeding up and simplifying, forexample, liaison over hearing dates and casepreparation. They will publish listings andresults electronically too, making sure thatthose working in other parts of the systemhave the necessary information when theyneed it. More cases will take place on the dayand time they are scheduled because thetimely publication of listing data will help theprosecution and the defence have their casesready to proceed. Courts will have betteraccess to information upon which to makedecisions, for example, about bail applications.

The National Offender ManagementService will have a systematic way ofassessing offender risk electronically, and theassessments will be shared between all thoseneeding to see it. For example, when aprisoner is released on licence, the probationofficer will have the right informationimmediately to enable them to be supervisedproperly. The police will be able to let themknow swiftly about breaches to communitypenalties. Up-to-date information aboutdefendant and prisoner whereabouts will beaccessible to those who need it. And becauselisting information will be publishedelectronically, they will be able to getdefendants to the right court at the right time.

The introduction of new tagging systems withsatellite (GPS) tracking will mean it is easierand less time consuming for officers to ensurethat sentence or bail conditions such ascurfews are adhered to or that the person canbe caught and dealt with swiftly if they breaktheir curfew or area restrictions.

By linking national case managementsystems, each person working within theCriminal Justice System will have electronicaccess to the case information they need,when they need it.

Case Study: Getting results throughimproved IT

The problem: court files are paper based.Important papers can be easily lost, ormisfiled, and case files can go missing. Ifthey do not reach the right court on time, thecase may be adjourned. In extreme cases,the accused may be acquitted.

The solution: The Government is investingsignificant sums in improving the ITinfrastructure of the CJS, and joining it up.The vision of a unified case file is starting to become a reality.



In a recent case, a man accused of a violentoffence stood a good chance of being releasedon bail when the prosecutor in the case wasdelayed in traffic on his way to a bail hearing.However, the court was equipped with a secureterminal linked to Compass, the CPS’s casemanagement system. Another prosecutor at the court was able to call up the relevant detailsand the defence withdrew its application forbail. The defendant was later jailed for threeand a half years.

Better technology means a better service forvictims and witnesses, and the general public.Vulnerable victims and witnesses will be able togive evidence via video links rather than havingto be face to face with the defendant in court;this will help reduce the fear and potentialintimidation that victims sometimes endure,whilst maintaining the fairness of the trialprocess. The police and the CPS will be able tolet them know what is happening on their case.They will receive better support and will nothave to keep supplying the same informationabout their needs and availability.

It also means a better deal for the community.Less bureaucracy means more of the peopleworking in criminal justice – police officers,prosecutors, witness care officers - are freedfrom the burdens of administration to spendmore time on frontline activities. A more efficient process will bring more criminals tojustice. But it will also mean that we are able topay greater attention to the needs of the publicwith whom we deal, and the quality of servicethey can expect.

Working together in criminal justice

The roles and responsibilities of the criminaljustice agencies are separated to ensure thatthe interests of justice are served. But theagencies need to co-ordinate their day to dayoperations if justice is to be delivered efficientlyand effectively. Better joint working, bothnationally and locally, means that agenciesdeliver better results and improve the standardsof service that the public receive.

Office for Criminal Justice Reform

We know that partnership between the criminaljustice departments has greatly improved inrecent years. Local Criminal Justice Boards areup and running and building a focus for actionon the ground. The establishment of theNational Criminal Justice Board has deliveredstronger leadership and close working betweendepartments. And there has been sustainedimproved performance on our key targets tobring more offenders to justice and raise publicconfidence.

This summer, this partnership takes a stepforward with the implementation of the CJSCapacity Review. More details of this are set outin the document Criminal Justice Reform:Working Together published alonside this plan.This review looked at the fitness for purpose ofthe arrangements to support the delivery of theCJS Public Service Agreements. One of its keyrecommendations is being implementedthrough the establishment of the Office ofCriminal Justice Reform (OCJR). On a cross-departmental basis, OCJR takes on most of thefunctions and staff of what was Criminal JusticeGroup in the Home Office, and in future willreport jointly to the Home Secretary, Secretaryof State for Constitutional Affairs and AttorneyGeneral. Its task is to support the National andLocal Criminal Justice Boards in developing anddelivering cross-CJS targets and it will do thiswithin a reducing headcount.

Local Criminal Justice Boards

Local Criminal Justice Boards have a vital roleto play in driving up the standards of customerservice, and delivering the service that the localcommunity wants. It is through local agenciesthat services are delivered to the public, and theBoards are the focus of our drive to join upcriminal justice.

Since their creation in April 2003, Local CriminalJustice Boards have made a strong start. Andthey have done so by developing and adaptingthe resources available to them. We areconvinced that this is the right approach todelivering our objectives. But if we are toachieve our goals, and raise the standards of

service for the public, we need to invest more inthe basic infrastructure to ensure that eachLCJB has the human and financial resourcesand the time to do the job.

In future, Local Crimminal Justice Boards willhave more stability of funding. This will provideeach LCJB with sufficient resource to fundteams of, on average, three to four people; weenvisage that the sorts of areas in which theywill need to develop capacity include:performance management, communications,and change and programme management. Buthow the money is spent will be left to the Boardsto decide.

The Office for Criminal Justice Reform willsupport LCJBs, and co-ordinate performancemanagement of cross-system targets. Thelevers it will use are principally those of criminaljustice agencies and departments themselves,all of whom have levers, influence andincentives over local members of LCJBs.

Her Majesty’s Courts Service

The current court system is confusing andfragmented. The Court Service is a nationalagency running the Crown and County Courtswhilst there are 42 separate organisationsrunning the magistrates’ courts, calledMagistrates’ Courts Committees. From 1 April2005, the management of all courts (save forthe House of Lords) in England and Wales willbe integrated to form a single, unified agency,Her Majesty’s Courts Service (HMCS).

This reorganisation of the courts will bringsignificant benefits:

● HMCS will provide a single point of access to all the courts, ending the confusion thatcurrently exists. This will improve the servicethat we provide to the public. For example, asingle website will provide court users withinformation covering all courts;

● a single national agency will have moreflexibility in the way that services areprovided. For example, in some rural areas it will be possible to maintain local courts

through the sharing of buildings, where it is currently costly to maintain separatebuildings for different types of courts;

● removing the overhead of running 43separate organisations will enable the newagency to divert more resources to frontlineservices, the services that the public needand want to see justice done or to settle disputes;

● HMCS will have consistent nationalstandards and approaches which will make it easier for the public to understand how thecourts operate. National standards will leteveryone know what they can expect,whether their case is in Cornwall or Cumbria.

Accountability to the local community is a veryimportant element of HMCS. Area Directors willmanage the courts in their local areas and willbe responsible for the delivery of local services.They will work in partnership with CourtsBoards, which will be established to give localpeople a say in how the local courts are run tomeet the needs of the local community.

Getting the best from the criminaljustice workforce

The workforce is the most valuable assetcriminal justice has. It is through them that wewill reduce crime, bring more offences to justiceand improve overall confidence. A goodemployer attracts and retains high quality staff,and inspires its workforce to succeed, bycreating the best environment within which todeliver its aims and objectives. It is only if theyare suitably motivated that they will implementthe tangible improvements we require.

In 1997, we were not getting the best out of ourpeople. A significant amount of police time wasbeing spent on non-productive administrativeprocedures or chasing information, the numberof police officers was falling, and the averageage of a police officer was increasing.

The CPS had major recruitment problems. Staffnumbers were falling, while the workload wascontinuing to increase. There was also a failure to



bring on and harness talent effectively. Seniorprosecutors were deployed on the prosecution ofrelatively minor offences, while administrative staffsupported Counsel on the more serious cases.

Other criminal justice agencies faced similarchallenges. The magistrates’ courts facedserious problems on retaining legal advisors,who were often attracted to other public bodiesand the wider legal profession. The retention ofcourt administration staff, in some areas, wasalso problematic. And we were facing a seriousrecruitment crisis in the Probation Service.Between 1995 and 1998, there was a three-yearhiatus in the training programme for probationofficers. During that period, no newly qualifiedprobation officers entered the system.

All this was compounded by the fact that manypeople working were not properly equipped orempowered to do their job effectively, norfocused on delivering organisational outcomes.

Over the last seven years, we have begun tochannel more resources into criminal justice.We have arrested the decline in police numberswhich are now at record levels. We haveinvested resources in the CPS so they are can

carry forward prosecutions effectively. Thenumbers of people working in the prison servicehas increased to keep pace with the rise in theprison population. And we have started toaddress the shortfall in probation. There arenow over 3,700 more frontline probation staffthan there were in 1997.

To improve effectiveness, we have created newjobs which did not exist in 1997:

● there are over 3,500 community supportofficers in place, releasing frontline policeofficers to focus on more serious crime;

● we are introducing fines officers to takeforward the administrative functions that arecurrently exercised by the courts;

● the CPS now has 2,600 prosecutors, nearly600 more than in 1997;

● the CPS has 254 designated caseworkers(DCWs) in post who handle moststraightforward cases in the magistrates’courts where the defendant is expected toplead guilty. A review of the work of DCWsreported that the CPS had significantly

128,000

130,000

132,000

134,000

136,000

126,000

124,000

122,000

120,000

118,000

1993 1994 1995 1996 1997 1998

Police strength

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Police officer numbers 1993-2003

Year

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ffic

ers


benefited from the development of layprosecutors who can support the overallprosecution process;

● the CPS also has 529 higher courts advocates(HCAs) able to exercise rights of audience inthe higher courts to present their own cases;

● we have also established Youth OffendingTeams (YOTs) in each local authority area totackle young offenders. These bring togethercriminal justice agencies (police, probation)with partners in other relevant fields (socialwork, education, health, and housing) toassess the particular needs of youngoffenders, and produce tailored programmesto help prevent them reoffending. The YOTworkforce now comprises 10,000 paid staff,supported by an additional 10,000 volunteersworking on Referral Order Panels and inother areas.

The great strides we have made in promotingjoint working are helping to foster betterunderstanding between agencies and create theidea of delivering as a CJS team. The joining upof the National Probation Service and PrisonService, along with the unification of the Crown

and magistrates’ courts, under Her Majesty’sCourts Service, will also contribute to this.

A Criminal Justice System Human Resourcesforum has recently been established to developa cross-CJS pay and workforce strategy. Thiswill enable us to plan effectively, secure the rightpeople and provide them with the tools to deliverour shared objectives. And a Justice SectorSkills Council has been set up for the CJS tosupport criminal justice employers to ensurethat they have the right staff with the right skillsto deliver Government outcomes.

There is evidence that this is having an impact.Recent research conducted by MORI intoconfidence among those working in criminal justicefound that 70% of staff believed the CJS is gettingbetter at working together as a joined up system.

We now need to consolidate these successes.Where there is a need, we will increase thenumber of frontline staff:

● there will be funding to allow the police torecruit up to 20,000 CSOs by 2008;

7,600

7,800

8,000

8,200

7,400

7,200

7,000

6,800

6,600

1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002

Probation officer numbers 1992-2002

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Probation officers


● we will increase the number of DCWs andextend their role so that they can prosecute agreater proportion of the morestraightforward cases in the magistrates’courts. This will allow the CPS to use theexpertise of its lawyers to prosecute themore serious cases, and to take on theresponsibilities arising from roll-out of thecharging initiative;

● the CPS will undertake more advocacy byincreasing, over time, the role and numbersof prosecutors and higher courts advocates.

And we will continue to review roles to meet newpriorities:

● we will give frontline professionals the powersthey need to do the job. For example, civilianenforcement officers will be given powers ofsearch and entry to allow them to enforce thedecisions of the court more effectively;

● the huge investment in technology willrevolutionise working practices. It will reducedata processing effort, and speed up theavailability of case information. And this willrelease staff from the more mundaneaspects of the job to focus on frontlinedelivery, such as catching, prosecuting andpunishing criminals;

● greater cross agency working, through thework of LCJBs, will promote greaterunderstanding of their respective roles, andthe cross fertilisation of ideas;

● co-ordinated training packages, andpromoting secondments, loans and transfersbetween CJS agencies will facilitate greaterunderstanding of the role each plays in fairand effective criminal justice;

● we will promote alternative career paths.The CPS’s Legal Trainee scheme is a goodexample of an initiative providingopportunities to staff from non-traditionalbackgrounds to undertake a legal career,supporting a more diverse criminal justiceworkforce;

● we will continue to modernise pay andconditions – not purely in terms of rates of

pay, but also other aspects (pensions, flexibleworking, provision of child care support andfamily friendly working practices, overall jobsatisfaction) which will attract people tocriminal justice.

Case Study: Designated Caseworkers

Problem: Many experienced prosecutorswere spending a great deal of time dealingwith routine cases in the magistrates’ courts.At the same time the CPS was seeking todirect more resources to the serious andcomplex cases in the Crown Court.

Solution: With a change in the law, CPS wereable to open up the conduct of cases in themagistrates’ courts to paralegal officers,known as designated caseworkers (DCWs).DCWs are drawn from experiencedcaseworkers in the CPS and are able to dealwith the majority of cases in the magistrates’courts where the defendant is expected toplead guilty.

The creation of DCWs has been a greatsuccess. The CPS has refocused itsexperienced lawyers on serious Crown Courtcases and the DCWs themselves are highlyregarded for their professionalism and highstandards of preparation and advocacy.

Building on the success of this initiative theremit of DCWs has now been extended sothey can handle even more cases in themagistrates’ courts.

The judiciary

Legislation currently before Parliament will from2006 create a new Judicial AppointmentsCommission, will be responsible for the processof selecting candidates for the judiciary, with acarefully balanced role for the executive and thejudges. It will make the system of judicialappointments both more open and moreefficient. It will remove from the executive theday to day responsibility for selectingcandidates for appointments. It will ensure thatrecruitment expertise and the expertise of thejudiciary can be combined to run a system thatcontinues to deliver judges of the highest quality


and that inspires confidence. The Commissionwill be specially tasked with making every effortto attract qualified candidates from those groupsthat are currently under represented in thejudiciary, improving the diversity of the Bench.The same legislation also creates the JudicialAppointments and Conduct Ombudsman aspart of a rigorous system for handlingcomplaints from candidates who are unhappywith the handling of their application for judicialappointment. It will also consider independentlythose complaints about judges’ conduct whichare not processed to the satisfaction of thecomplainant by a new Complaints Secretariatled jointly by the Lord Chief Justice and theDepartment for Constitutional Affairs. Thesearrangements should lead to greaterconfidence in the new appointments systemand in the handling of complaints about thejudiciary.

As at March 2003, 15% of the total legalprofessional judiciary were women and 1.6%were from minority ethnic backgrounds. Withthe full support of the Bar Council and the LawSociety, the Government is taking a radical lookat the changes needed to widen the pool fromwhich applicants for judicial appointment aredrawn, building on those existing initiativeswhich have already proved to be helpful. We will announce plans in early 2005.It has been estimated that up to 3,000 newmagistrates will be required by 2006 to supportthe Government initiative to bring more casesto trial. We are working to highlight theimportance of the work of magistrates,particularly to employers, who can be reluctantto allow staff time off to carry out magisterialduties. We will be encouraging the self-employed that they, too, have a role to play inserving their community. Our strategy willcomplement two other important initiativesaimed at promoting the lay magistracy andbroadening the pool from which it is drawn –the Magistrates Shadowing Scheme, and theMagistrates’ Courts Mock Trial Competition,where school students take on the roles ofthose involved in fictitious cases to learn aboutthis important part of the judicial system.

Other reforms to come in over the next two yearsinclude:

● Recorders and Circuit Judges will beassessed under a new competenceframework which will have beenprofessionally developed following detailedinterviews with the judiciary;

● from Autumn 2004, it is intended to roll outassessment centres for appointments ofRecorders. This will make assessment fairerand more accurate and also ensure liveassessment of the competences whichimpinge on a judge’s ability to command theconfidence of the public;

● the judiciary are piloting appraisal forRecorders as a development tool and also asa more objective mechanism for feeding inassessment of suitability for promotion toCircuit Judge level;

● removing restrictions on CPS prosecutors,amongst others, in applying for Circuit Judgeappointments if they have had experience ofsitting part time in another jurisdiction;

● focusing down the arrangements forconsultation with the judiciary without losingtheir valuable input on candidates’ abilities.

Diversity

One of the key principles underpinning thisStrategic Plan is to make criminal justiceresponsive, accessible and trusted by thecommunity. We recognise that the make-up ofworkforce needs to reflect the diversity of itscommunity wherever possible.

To achieve a more representative workforce, weneed to ensure that a career in criminal justice isattractive to groups who are under-represented inthe workforce, and that any barriers toprogression are removed. Work to create effectiveemployment policies, and terms and conditions,and compliance with legislation and other bestpractice guidance, will need to be supported bypositive outreach work, so that the attractivenessof working in criminal justice is actively promoted.

National Offender Management ServiceSwift action taken where community penalties are breached

Drug-using criminals receive treatment

CourtsEncourages alternative ways of resolving disputes

Where cases come to court, they are dealt with efficiently

Specialist courts deal with domestic violence,anti-social behaviour and organised crime

Trials take place onscheduled day

Court buildings and facilities tailored to witness needs

Community engaged in justice process

Sentences are effective

Crown Prosecution ServiceAdvice is available to police 24/7

Charge determined by CPS

Supports witnesses through the process

Enhanced prosecutor role in sentencing

Police Increased detection rate brings more offenders into the justice process

Fixed Penalty Notices used to stamp out anti-social behaviour

Prolific offenders pursued relentlessly

Youth Justice BoardContinued drive to reduce reoffending

Every Criminal Justice AgencyParticipates in Local Criminal Justice Boards

Treats victims and witnesses as individuals

Has motivated staff providing excellent customer service

Enforces decisions and penalties of the court swiftly and effectively, with high risk offenders fast tracked

Works to eliminate racial discrimination

A joined-up CJS, working together for victims and the public


Some progress is being made. The CPScompares favourably with the Civil Service as a whole. For example:

● 13.9% of staff come from black and minorityethnic communities, against a benchmark of 7.6%;

● 66% of its staff are female, compared with51%; and

● 4.4% are disabled, compared with 3.7%.

The progress the CPS has made has beenrecognised. The Commission for RacialEquality commended the CPS review of itsRace Equality Scheme and recognised the CPSEquality Plan as a model. And the NationalAudit Office is using the CPS as a case studybecause it is increasing co-operation andconsultation with local communities.

And since July 1999, the Prison Service hasincreased the percentage of minority ethnicstaff from 3% to achieve the 2003-04 target of5.5%. The current target set for the Service for2004-5, as part of the National OffenderManagement Service, is 6% and will rise to 7%by 2009.

But we need to do more. And we shall be settingconsistent targets on increased representationand progression of certain groups within thecommunity across criminal justice. Progressagainst these targets will be monitored.

54 CHAPTER 4 MAKING IT HAPPEN

The public will haveconfidence that the CJS is effectiveand that it serves allcommunities fairly

Pilot CommunityJustice Centre inLiverpool launched

Staff engagementprogramme begins

Stop & Search Manualpublished

Implementation ofLCJB confidence plans

Launch of new CJSmagazine for allcriminal justice staff

Launch of JusticeAwards

2004-05 2005-06 2006-07 2007-08

45% of people believethat the CJS is effectivein bringing offenders tojustice (PSA target)

Implementation ofrecommendations fromstop and search reports

Customer servicestandards monitored

PSA target to reassurethe public, reduce thefear of crime and anti-social behaviour, andbuild confidence in theCriminal JusticeSystem withoutcompromising fairness met.

Victims andwitnesses will receive a consistenthigh standard ofservice from allcriminal justiceagencies.

Sept 04: Plans for howto best to co-ordinateprotection of witnessesin significant fear fortheir safety finalised

Surcharge on criminalconvictions introducedto contribute to VictimsFund

Apr 05: further phasedroll-out of specialmeasures to assistvulnerable andintimidated witnessesgive evidence

Jun 05: pilots for non-criminal justice servicesto victims underway

Dec 05: Witness CareUnits operating in allareas

Victims Code ofPractice introduced

Restorative justicepilots completed

Agencies held toaccount for servicestandards

All Crown Courtbuildings and 90% ofmagistrates courts tohave separate waitingfacilities for witnesses

Key milestones for delivery

This plan has shown how we will transform ourvision for criminal justice reform into reality –how we will rebalance the system so that victimsand the law-abiding citizen come first. This

timetable shows our key milestones from nowuntil 2008, setting out the key steps we will taketo deliver our plans.

Chapter 4Making it happen


We will bring moreoffences to justicethrough a moremodern and efficientjustice process.

Autumn 04: Strategy forDrugs Courtsdeveloped

Mar 05: Extension ofFixed Penalty NoticeScheme complete

Fundamental Review ofLegal Aid recommendsLegal Aid reform

Dec 05: Witness CareUnits operating in all areas

Mar 06: 1.15 millionoffences brought tojustice

Mar 06: ineffective trialrate reduced to 26% inthe magistrates’ courtsand 19.5% in the CrownCourt

First Drugs Courtestablished

Serious and OrganisedCrime Agencyoperational

CPS responsible fordetermining the chargein England and Wales

Drugs Courts set up inall areas which needthem

Mar 08: 1.25 millionoffences brought tojustice (PSA target)

Mar 08: detection rateincreased to at least25%

Mar 08: ineffective trialrate reduced to 19% inthe magistrates’ courtsand 14% in the CrownCourt

Rigorousenforcement willrevolutionisecompliance withsentences and ordersof the court

Nov 04: Powers forcivilian courtenforcement officersenacted

Powers of policecivilian enforcementofficers strengthened

Mar 05: Performancemanagement systemfor Failure To Attend(FTA) warrants in place

Mar 05: Performancemanagement systemset up for communitypenalty breachwarrants which fasttracks enforcement forhigh risk offenders.

£80 million worth ofproceeds of crimerecovered

Operation Turn-Uptargets outstandingwarrants

Court access to PoliceNational Computerpiloted in Staffordshireand rolled out nationally

2004-05 2005-06 2006-07 2007-08

Apr 05: 78% paymentrate on fines

Apr 05: Targets set forimproving % of FTAwarrants enforced

Rollout of all fineenforcement measuresin Courts Act, such ascar clamping and creditblacklisting for finedefaulters

Year on yearimprovement inperformance inenforcing FTA warrants,fines and communitypenalty breaches

Year on yearimprovement inperformance inenforcing FTA warrants,fines and communitypenalty breaches

Criminal justiceagencies to keep atleast 50% of all criminalassets they help toseize.

56 CHAPTER 4 MAKING IT HAPPEN

2004-05 2005-06 2006-07 2007-08

Criminal justice willbe a joined up,modern and well runservice, and anexcellent place towork for people fromall backgrounds.

Jul 04: Office forCriminal JusticeReform established

Oct 04: More CJS staff practitioners can use secure email,speeding up the flow of information.

LCJB Chairs providedwith resource funding tosupport local trilateralworking.

Apr 05: Her Majesty’sCourts Serviceoperational

Judicial AppointmentsCommissionestablished.

Mar 06: Crown Courtstaff will have improvedIT equipment andaccess to a nationalsystem (Xhibit),enabling efficientexchange of informationon hearings.

CJS Exchange allowsdata flows to be sharedbetween CJSprofessionals

Development of casemanagement systemsto support staff workingwithin the NOMS

20,000 communitysupport officers inplace


Audit Commission Misspent Youth: YoungPeople and Crimehttp://www.audit-commission.gov.uk/reports/NATIONAL-REPORT.asp?CategoryID=english^573&ProdID=2251E371-20A1-4DEF-BA5D-7EC810BBAA85

Department for Constitutional AffairsDepartmental Report 2003/04 TSO [Cm6210]http://www.dca.gov.uk/dept/report2004/dca2004.pdf

HMCPSI & HMIC Joint Thematic InspectionReport on the Joint Inspection into theInvestigation and Prosecution of CasesInvolving Allegations of Rape 2002

http://www.homeoffice.gov.uk/hmic/cpsi_hmic_rape_thematic.pdf

Home Office British Crime Survey 2001-02www.homeoffice.gov.uk/rds/bcs1.html

Home Office Confident Communities in aSecure Britain 2004http://www.homeoffice.gov.uk

Home Office Criminal Statistics England &Wales 2002 TSO [Sm6054]http://www.homeoffice.gov.uk/rds/crimstats02.html

Home Office Departmental Report 2004 TSO[Cm6208]http://www.homeoffice.gov.uk/inside/org/annreps/index

Home Office Group Corporate Plan 2004-05http://www.homeoffice.gov.uk/inside/org/annreps/index.html

Home Office Key Findings from the Surveys ofVulnerable and Intimidated Witnesses 2000/01and 2003, Home Office Research Study 240,22 June 2004

Home Office The Stop and Search Action TeamPolicy Paperhttp://www.homeoffice.gov.uk/crimpol/police/system/powers.html

Angle H, Malam S and Carey C (2003) KeyFindings from the Witness Satisfaction Survey2002 Home Office Findings 189

Clancy A, Hough M, Aust R and Kershaw C(2001) Ethnic Minorities’ Experience of Crimeand Policing: Findings from the 2000 BritishCrime Survey Home Office Findings 146

Chapman B, Mirrlees-Black C and Brawn C(2002) Improving Public Attitudes to theCriminal Justice System: The Impact ofInformation Home Office Research Study 245

Flood-Page C and Taylor J (eds) (2003) Crimein England and Wales 2001/2002:Supplementary Volume Home Office StatisticalBulletin 01/03

The Law Officers’ Departments DepartmentalReport 2004 TSO [Cm6211]

MORI (2003) Public Confidence in the CriminalJustice System Home Office Research Findings 221

National Audit Office (December 2003)Report of a survey of Local Criminal JusticeBoard Chairs

References

Office for Criminal Jusice Reform (2004)Criminal Justice Reform: Working Togetherhttp://www.cjsonline.org

Sims L and Myhill A (2001) Policing and thePublic: Findings from the 2000 British CrimeSurvey Home Office Research Findings 136

Turnstone Research (2002) Confidence in theCriminal Justice System: Ethnic MinorityGroups Report to COI CommunicationsUnpublished

Whatley J Magistrates’ Courts Waiting Timeson the Day and User Reaction Survey: 2003Department for Constitutional Affairs StatisticalBulletin QS1/2004http://www.dca.gov.uk/statistics/qsb2003.pdf

Whitehead E (2001) Witness Satisfaction:Findings from the Witness Satisfaction Survey2000 Home Office Research Study 230

All published research available on the HOwebsitehttp://www.homeoffice.gov.uk/rds/

58 REFERENCES

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