A key reason for the delay is the backlog of digital material waiting to be processed, according to a report published last week by Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI). The report, ‘Case progression in the SFO’, follows six cases in depth. It notes that a case can ‘involve terabytes of data, all of which has to be analysed and dealt with in accordance with the laws relating to privilege, disclosure and data protection that apply to all criminal cases’. Progress can also be held up where there is an international element, requiring the co-operation of another country’s legal system.
However, the report notes that the SFO has been proactive in dealing with staff shortages by providing training and development to upskill staff. For example, the SFO has trained more staff to become investigators and accountants, both disciplines where there were shortages.
In recent years, the SFO has suffered a number of high-profile setbacks, including the failure of a fraud case against two Tesco executives in 2018 and the collapsed trial of five brokers for LIBOR rigging in 2016. In February, it dropped two long-running and expensive investigations into Rolls-Royce and GlaxoSmithKline.
The inspectors recommended that more be done to ensure the timely progression of cases, but recognised the SFO has implemented some changes, including the development of a new case management system and more effective case management controls.
HM Chief Inspector Kevin McGinty said: ‘It would be wrong to read this report negatively and from the view that the SFO is ineffective: it is not. Getting staff to comply with process and be consistent, for line management to be more effective and for there to be better and more effective quality control will go a long way to tackle the recommendations set out in this report.’
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