The new Public Prosecution Servicefor Northern Ireland

Project Update

Summer 2005

Building a Service for the Future

Forewordby the Attorney General

The Review of the Criminal Justice System in Northern Ireland (2000)set out a vision of an independent, effective and efficient criminaljustice system which had the confidence and support of the peopleacross the province. The introduction of the new Public ProsecutionService for Northern Ireland is at the heart of this vision.

Of the 249 recommendations made by the Criminal Justice Review, nofewer than 49 related to the prosecution of offences - which is areflection of the central position which the prosecution process occupieswithin the criminal justice system. The Criminal Justice (Northern Ireland) Act 2002implements the recommendations and gives structure to the new Service. It protects theindependence of the new Service in its relationships with the Attorney General and theAdvocate General while at the same time ensuring proper accountability to the Assemblyand Parliament.

As a joint sponsor, along with the Secretary of State for Northern Ireland, of theprogramme to implement the new Service, I am greatly encouraged by the progress todate and I am positive that this new Service will play its full role in strengthening thepublic’s confidence in the overall criminal justice system.

The Rt Hon the Lord Goldsmith QC

IntroductionI welcome this opportunity to inform you of the significant progressmade in the programme of change which has culminated in the launchon 13 June of the new Public Prosecution Service for Northern Ireland(PPS).

Ensuring that the PPS takes forward its duties with fairness andimpartiality is the central challenge. At the heart of the Service arethe ethical values and culture to which it subscribes. These areexemplified by the publication of a new Code for Prosecutors, incorporating a Code ofEthics, for the new Service.

Continued investment in the development of the PPS is confirmation of our intention thatthe new Service will be regarded as a model of excellence in the conduct of prosecutions.The rollout of the Service is marked by the ongoing recruitment of new staff, who will beproperly trained and provided with the necessary resources. The new Service will usetechnology to support best practice in the processing of cases.

We recognise that we have a single opportunity and must not fail to meet our present andcontinuing aim to provide the people of Northern Ireland with an independent, fair andeffective prosecution service.

Sir Alasdair Fraser CB QC, Director of Public Prosecutions for Northern Ireland

Aim of the PPSThe aim of the Public Prosecution Service is:

To provide the people of Northern Ireland with an independent, fairand effective Prosecution Service.

Independence - the Public Prosecution Service will be wholly independentfrom both police and government; its decisions will be impartial based on anindependent and professional assessment of the available evidence and thepublic interest.

Fairness - all actions will be undertaken with complete impartiality to thehighest ethical and professional standards. All persons, including thoseaccused of offences, will be treated fairly. All victims and witnesses will betreated with respect and sensitivity.

Effectiveness - all prosecution decisions will be taken and every prosecutionconducted in an effective and efficient manner. We will provide value formoney, while delivering timely and quality services.

StructureThe Public Prosecution Service is a regionally based organisation. On fullimplementation of the Service, there will be four regions each coterminouswith one or more court divisions.

Each of the four regions will be headed by a Regional Prosecutor. TheRegional Prosecutor will have overall responsibility for decisions as toprosecution and for the conduct of all prosecutions in that region, with theexception of those files that are transferred to prosecutors in Headquarters.

There will be seven regional offices, known as Chambers, across NorthernIreland including the corporate headquarters at Belfast Chambers. Each ofthe regional offices will provide access to a full range of services.

The Public Prosecution Service is headed by the Director of PublicProsecutions for Northern Ireland. There is also a Board of Managementwhich acts as the main decision-making body for strategic and managementdecisions.

There will be approximately 550 staff with a just over a quarter of thesebeing qualified lawyers.

Regions & OfficesThe preferred locations for the regional offices of the Public Prosecution Service were selected after detailed consideration of a range of factors including:

➣ Workload;

➣ Court locations;

➣ Targeting Social Need; and

➣ Accessibility.

BelfastOmagh

Newry

Londonderry

Ballymena

Lisburn

Regions

Belfast

Northern

Western & Southern

Eastern

Offices

Belfast (HQ)

Ballymena, Londonderry

Omagh, Newry

Lisburn

Key ServicesThe Public Prosecution Service will handle approximately 70,000 cases eachyear. In addition to taking decisions as to prosecution in all casessubmitted by the police in Northern Ireland, it will also handle casessubmitted to it by other statutory authorities, for example, the Driver andVehicle Testing Agency.

The PPS will provide the following key services:

➣ An enhanced service to Victims & Witnesses;

➣ Prosecutorial and pre-charge advice to Police;

➣ Review of all charges prior to submission to court;

➣ Production and issue of summonses; and

➣ Conduct of prosecutions in the Magistrates’, Youth & County Courts byPublic Prosecutors.

A range of options has also been developed to deal with offenders other thanthrough prosecution. These include cautions, informed warnings and youthconferencing.

Key Changes

Services

Caseload

Staff

Organisation

Technology

Project Start

No formal function ofproviding prosecutorialassistance to Police

Majority of chargessubmitted to court withoutprosecutorial review

Limited diversionaryoptions available toprosecutors

Public prosecutors rarelypresenting cases in court

Limited range of servicesto victims and witnesses

Serious offences only

10,000 cases per annum

150 staff

40 lawyers

Centralised structure

Little presence outsideBelfast

Case Management System

No external links

Project Complete

Prosecutorial and pre-charge advice provided toPSNI

All charges reviewed priorto submission to court

Extensive range ofdiversionary optionsavailable to prosecutors

Public prosecutorspresenting the majority ofcases in Magistrates’,County and Youth courts

Extensive range ofservices to victims andwitnesses

All offences

70,000 cases per annum

550 staff

165 lawyers

Devolved structure withRegional Prosecutors andfive regional officesoutside Belfast

Enhanced CaseManagement System

Receipt of electronic filesvia Causeway Programme

Internet and Intranet

External email

ImplementationThe Public Prosecution Service is established by the commencement of theJustice (NI) Act 2002. The Act defines the Public Prosecution Service, itsstatutory duties and commitments and the legislative framework within whichit provides its services.

The Criminal Justice Review (CJR) 2000 was the key factorthat shaped the design of the PPS. The Terms ofReference of the CJR included a review of “thearrangements for the organisation and supervision of theprosecution process and for safeguarding itsindependence”. The CJR specified the services the PublicProsecution Service should provide and is the key strategicdriver for the PPS.

The Public Prosecution Service has been designed to build on the strengthsof the Department of the Director of Public Prosecutions while alsoincorporating good practice on a national and international basis.

TimescalesThe Belfast Pilot Project was completed in March 2005. The rollout of thePPS structures then commenced with the establishment of the BelfastRegional Office. All Police Districts within the greater Belfast area have nowadopted the new working practices validated by the Belfast Pilot Project.

Whilst the PPS comes into effect as a statutory body on 13 June 2005, thenew PPS structures are not yet fully in place throughout Northern Ireland. Todate the full range of services is available in the Belfast Region and fivePolice Districts in Fermanagh and Tyrone only.

It is anticipated that the Western and Southern Region and Eastern Regionwill be implemented by the end of the 2005/06 financial year. The targetdate for the full implementation of the Service is December 2006. The keydependencies for the achievement of this target are the availability ofsuitable accommodation and the recruitment of sufficient numbers of staff.

The prosecution service is working closely with the PSNI, the Youth JusticeAgency and other organisations (for example, Victim Support NorthernIreland) to coordinate the various implementation projects.

Belfast Pilot EvaluationThe Belfast PPS Pilot Project, the first of two PPS Pilots, commenced on 1December 2003 and covered the South Belfast Police District and alloffences committed by young persons in the greater Belfast area. A secondPilot Project, in Fermanagh and Tyrone, commenced on 1 April 2004.

A formal evaluation of the Belfast Pilot Project was completed in autumn2004. The findings of the evaluation team, which included representativesfrom HM Crown Prosecution Service Inspectorate (HMCPSI) have beenconsidered by the PPS Project Board and the agreed recommendations arenow being taken forward.

The evaluation was conducted on the basis of a number of ‘strands’. Themain conclusions of each strand were as follows:

➣ Effectiveness and Efficiency: The Pilot has introduced a number ofchanges to working practices, technology and organisation structure whichhave significantly improved the effectiveness and efficiency of caseprogression. The evaluation also identified a number of areas wherefurther work is required to fully realise the expected benefits (for example,in the area of training).

➣ Organisation Design: The defined organisational structure is anappropriate fit with the functions and duties required of each role. Overallthe staffing structure within the Pilot has worked well, with managementmaking adjustments to staffing levels and roles as the need has arisen.

➣ Impact on Key Stakeholders: At a high level, the Pilot has been wellreceived within the wider criminal justice system. In par ticular the policehave experienced significant operational benefits as the prosecutionservice has taken responsibility for a number of areas previously undertheir remit.

➣ Criminal Justice Review: The design of the new Public ProsecutionService, as reflected in the Belfast Pilot Project, is in accordance with therelevant recommendations of the Criminal Justice Review. The Reviewmust continue to be the touchstone against which all future refinementsand enhancements to this design are developed.

➣ Miscellaneous Issues: Information technology (and in particular theService’s Case Management System) has been a key enabler of theenhanced service provision within the Pilot. There has also been a largevolume of valuable management information provided to seniormanagement.

An executive summary of the Belfast Evaluation Report is available via thePPS website (www.ppsni.gov.uk).

An evaluation of the second Pilot Project, in Fermanagh and Tyrone, will beginin July 2005.

Progress UpdateSignificant progress in all areas has been made in the project to implementthe new Public Prosecution Service for Northern Ireland.

Key highlights include:

Design

Belfast Pilot Project Commenced December 2003

Fermanagh & Tyrone Pilot Project Commenced April 2004

Belfast Pilot Evaluation Completed Autumn 2004

Policy

Code for Prosecutors (inc. Code of Ethics) Published June 2005

PPS Complaint Policy Implemented June 2005

Policy for Prosecuting Cases of

Domestic Violence Published for Consultation

People

Over 200 new staff recruited As at May 2005

Human Rights Training Ongoing

New Legal and administrative Induction Programmes Ongoing

Technology

Enhancement of Case Management System Ongoing

Corporate website Implemented January 2005

Electronic Case Files from Police(Causeway Programme) June 2005

Accommodation

New Corporate Headquarters operational Opened December 2003

Acquisition of Regional Accommodation Procurement ongoing

Communication

Staff Briefing / Awareness Sessions Ongoing

PPS Performance Review 2004/05 Published June 2005

PPS Launch Event 13 June 2005

Community Outreach Strategy Implementation underway

For fur ther information about the PPS, please contact: Public Prosecution Service, Belfast Chambers, 93 Chichester Street, Belfast BT1 3JR.Tel: 028 9089 7102 Fax: 028 9089 7030 E-mail: info@ppsni.gsi.gov.uk

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