Decisions on bail and custody were generally ‘well done’. However, CPS London South fell short on disclosure, with 34% of all cases not meeting the expected standard. Inspectors found common themes, the main one being the prosecutor failing to identify obvious items of unused material had not been scheduled, although inspectors also saw cases where initial disclosure was not carried out at all. The report states: ‘Both of these issues can result in material not being disclosed to the defence that should have been as it met the test’.
HMCPSI emphasised that prosecutors came under pressure during the pandemic because ‘court sittings reduced dramatically and cell capacity at court centres was reduced because of social distancing’.
This, and other factors created an increased workload, which created ‘obvious pressures, particularly given the extra work in maintaining victim and witness engagement and trial readiness across longer waiting times,’ the report stated.
‘The added pressures, coupled with the relative inexperience of new prosecutors (a large number of prosecutors have been recruited in the past 18 months), has clearly had an impact on casework quality in the Area. This is understandable given the context, but an increase in quality from the pre-charge review onwards will save resources as cases will be managed much more proactively, rather than reacting to each issue as it arises, requiring multiple reviews as we have found in this inspection.’
Lead Inspector Gavin Hernandez said: ‘It is clear that CPS London South has worked hard during the pandemic to ensure that core functions such as provision of pre charge decisions, service of prosecution papers, and securing the attendance of witnesses at trial continued to be delivered in a timely manner.
‘The Area has been under significant pressure due to rising caseloads and considerable backlogs as a result of the pandemic, exacerbated by staff shortages, and it’s Crown Court caseload continues to rise. While these pressures have impacted on casework quality, improvements need to be made to ensure there is a clear legal analysis and strategy in its casework and full compliance with the disclosure of unused material.
‘This will ensure that cases are prepared and prosecuted effectively.'
