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“File on 4” – “Cps: Prosecutors on Trial”

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“File on 4” – “Cps: Prosecutors on Trial” BRITISH BROADCASTING CORPORATION RADIO 4 TRANSCRIPT OF “FILE ON 4” – “CPS: PROSECUTORS ON TRIAL” CURRENT AFFAIRS GROUP TRANSMISSION: Tuesday 15th September 2015 2000 – 2040 REPEAT: Sunday 20th September 2015 1700 - 1740 REPORTER: Danny Shaw PRODUCER: Ian Muir-Cochrane EDITOR: David Ross PROGRAMME NUMBER: PMR537/15VQ5729 - 1 - THE ATTACHED TRANSCRIPT WAS TYPED FROM A RECORDING AND NOT COPIED FROM AN ORIGINAL SCRIPT. BECAUSE OF THE RISK OF MISHEARING AND THE DIFFICULTY IN SOME CASES OF IDENTIFYING INDIVIDUAL SPEAKERS, THE BBC CANNOT VOUCH FOR ITS COMPLETE ACCURACY. “FILE ON 4” Transmission: Tuesday 15th September 2015 Repeat: Sunday 20th September 2015 Producer: Ian Muir-Cochrane Reporter: Danny Shaw Editor: David Ross ACTUALITY IN CAR NICK: We’re in the centre of Bristol at the moment. Now this is the Magistrates’ Court building here …. SHAW: On File on 4, I take a journey through the legal system and spend a typical day at court to identify the problems which beset the Crown Prosecution Service. NICK: You can be waiting till the afternoon to get your case on. SHAW: Have things got worse? NICK: Gradually got worse over the years. It’s often the CPS is the most delaying part of it. - 2 - SHAW: I speak to lawyers at the sharp end and hear from those who worked at the top of the CPS. They tell me frankly about the impact of budget cuts, their concerns about decision-making and the loss of experienced staff at Britain’s biggest prosecution agency. AFZAL: The tipping point was reached in 2015 and it was one of the reasons why I decided that I didn’t want to be part of the service, because I felt it was asking too much of the people that I have so much respect for. SIGNATURE TUNE ACTUALITY IN BRISTOL FANSON: We are at the Bristol Magistrates’ Court at the moment. The maximum courts that can sit on any day is about twelve. It is a busy court, which is by far the biggest in the area. SHAW: It’s been a hectic morning for David Fanson, a partner in one of Bristol’s biggest law firms. For 27 years he’s been a duty solicitor, representing people accused of crimes, in cases brought by the Crown Prosecution Service. How would you describe the morning that you've had in the Magistrates’ Court today? FANSON: Frustrating, quite a bit of delay. I had several cases today. Main one was a sentencing case, ready for it at ten o’clock. Didn’t get called on until about twenty past twelve. SHAW: The case involves offences of harassment and criminal damage to which the defendant, with a long criminal record, indicated he’d plead guilty two months ago. FANSON: It was quite apparent, even at that early stage, that the level of the charge put forward by the Crown was wrong. An alternative suggestion was made, then the case had to be adjourned for one week for that to be considered, to get approval from a higher grade prosecutor as there wasn't one in court. There was then a - 3 - FANSON cont: second set of charges that came in, which again charge wrong and had to be amended. Case again adjourned for sentencing. SHAW: Of the delays and difficulties that you see in the Magistrates’ Court, how much of it do you think is attributable to the Crown Prosecution Service? FANSON: I would say probably about 70% of the delays. Other delays that we quite often get are because the Crown Prosecution Service maybe haven’t got all the papers they need to have on their digital system, so I frequently lend prosecutors my physical copy of the case papers, because they simply haven’t got what they need on their system. SHAW: That’s extraordinary - so the Defence are actually helping the Crown out? FANSON: Well, it’s either a question of I give them the papers that I’ve got or I could perhaps wait two or three hours while they try and track it down. SHAW: Delays, confusion, frustration - it’s a familiar story in courts across England and Wales. Some problems are out of the Crown Prosecution Service’s control - poorly prepared police files, reluctant witnesses, a shortage of courts. But as the principal prosecuting authority, the CPS is increasingly being held responsible for the failings. In the twelve months to April, it prosecuted 664,000 defendants, reviewing the evidence, getting the cases ready, presenting them before magistrates and judges. The CPS also has extensive powers to determine, in all but the most minor cases, whether people should be charged with a crime, making 6,000 decisions every week. CPS lawyers are, in effect, the gatekeepers to the criminal courts. MARY: The thing I really liked when I first started working for the CPS was ownership of my work file. I was allocated all of the files from a particular police station and I went to one court. If the police or the Defence wanted to contact me, offering a plea or because they got further evidence, they knew exactly who to contact. I did - 4 - MARY cont: a variety of cases. I did everything from no insurance to murder, and there was a pride in my work. SHAW: We spoke to one former Crown Prosecutor who spent more than 20 years in the CPS. Towards the end of her time there, she became disillusioned with the volume of work and the way it was shared out. She agreed to be interviewed on condition we re-voiced what she said and used a different name: Mary. MARY: They’ve divided the work up in a way that you would in a factory. You would review random files, you wouldn’t know the magistrates, the Defence would write in again and again and it would never get to a lawyer that had actually reviewed the case - it was a recipe for chaos. SHAW: How did that that change make you feel as an employee of the CPS, who previously found the work stimulating and with lots of variety? MARY: Demoralised and under pressure. SHAW: The CPS denies its workforce is demoralised, but admits that partly due to a surge in sexual abuse, domestic violence and complex terrorism cases, staff are working under more pressure. Indeed, that’s the message we’ve had from people within the CPS. They’re not permitted to speak out, but their observations have been passed onto us. CPS staff comments. READER 1 IN STUDIO: Office-based magistrates review team, seriously understaffed, with the endless monotony of a conveyor belt working system. READER 2 IN STUDIO: People are just finding their workload unacceptable and they’re moving on, and even people on training contracts with the CPS are moving on as well. ACTUALITY IN OFFICE - 5 - KELCEY: Going into the office now. Hopefully we’ll be let in. SHAW: Back in Bristol, I meet Ian Kelcey at his office opposite the Crown Court. KELCEY: We employ approximately 24 people …. SHAW: He’s one of the country’s most experienced defence lawyers and sits on the Criminal Law Committee of the solicitors’ representative body, the Law Society. KELCEY: There’s a case here where we’ve been waiting for the best part of eight weeks just to get a password …. SHAW: He shows me a stack of folders stuffed full of documents, each file the size of an encyclopaedia. They’re recent cases he’s been dealing with that have been caught up in CPS bureaucracy. In one drink-driving case, repeated requests to prosecutors for an online password to view CCTV evidence went unanswered. In a forthcoming burglary trial, he tells me, the CPS ignored court instructions to disclose material to the Defence. And worst of all, says Ian Kelcey, there’s a man accused of sexual offences who wasn’t even informed when the CPS dropped the case. KELCEY: He learned of his acquittal through the online newspaper for his area being phoned up by a neighbour, who said to him, ‘Oh, I’m pleased to hear you’ve been acquitted,’ and I had this guy in tears on the phone, saying, ‘What’s this all about?’ And I didn’t know what it was about. Nobody had had the courtesy or the intelligence to contact us to say, ‘This is the decision we’ve made,’ and he has to find out in that way, which is frankly an utter disgrace. But I’m afraid it shows again the dysfunctionality of the Crown Prosecution Service in failing to deal with things in a correct and proper way. One would hope that they wouldn’t treat witnesses and victims in that way, but I’m not sure. I really have to question how efficient they are. It’s the first time that this has happened to me, but I have heard of other instances subsequently where other people say they’ve had a similar example. - 6 - SHAW: The CPS wrote a letter to Ian Kelcey apologising for what it said was an oversight. He says that’s little comfort for the accused man, who spent nine months living in the shadow of the most damaging allegations. KELCEY: He was charged with very serious offences, arguably should never have been prosecuted. Not just my view - I think it’s fair to say that’s a view that was subsequently shared by two independent barristers who the CPS went to and decided two weeks before trial that this man should not be prosecuted. SHAW: The CPS says overall it’s happy with the prosecution decisions it makes, though it acknowledges the need for improvements.
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