Scrutiny Involvement Panel Pro Bono & Access Justice
The CPS South East Local
hostility based on the victim’s disability (or presumed disability). The section ensures that these offences are treated seriously by the police, prosecutors and courts. LSIP’s role in such cases is to assess whether the CPS paid due attention to the needs of the victims and approached the case with all due regard bearing in mind the section.3 2. Violence against Women and Girls - The South East Area comprises a unit which covers gender-based violence that results in or is likely to result in physical, sexual or psychological harm or suffering to women. It includes crimes such as forced marriage, domestic violence, rape, sexual offences, female genital mutilation and honour-based violence. LSIP prioritises the review of such cases as a way of accelerating and improving the CPS’ performance. 3. Crimes against Older People – the CPS understands that crimes against older people are linked to ageism as a prejudicial set of ideas. Older people can be targeted because of their perceived or actual vulnerability or their unequal access to safety.4 4. Racially or Religiously Aggravated Crimes – these are offences against the person where the prosecutor has to prove a racial or religious element on top of the basic offence. The basic offences that can be charged include offences of assault or wounding, harassment, damage and public order offences such as causing people to fear violence or harassment.5 5. Honour Based Crime – this is the type of crime that is committed to protect the perceived honour of a family or community. The crime is associated with an individual being accused of shame or bringing shame to the family or community. With regard to victim numbers, 15% of them are men whilst under-18s account for 25% of the total number. The type of victims affected include people facing disability, gay people, gang members, religious (or non-religious people) etc. The victims are not restricted to minority races as the majority white population also suffers from such crimes. Commission of the crime may result in murder, fear of or actual forced marriage, physical and emotional abuse, child abuse, rape, kidnap and financial sanctions.
The value of LSIP to the CPS South East LSIP performs a fundamental albeit understated role in the organisation and functions of the CPS. This is obvious from the amount of attention and resources that the CPS South East has afforded the Panel and the quality of the CPS staff involved in organising and running it. Another reflection of this value is in the willingness of external agencies and charities to engage with the CPS through LSIP. Further, the Panel helps to keep the CPS transparent and accountable and acts as a check on how tax payer’s money is used. The CPS’ engagement with the community through LSIP also helps to demystify the legal profession by acquainting lay members of the public with the legal procedures involved from arrest through to sentencing and post-conviction matters. Furthermore, it adds a layer of humanity to prosecution work in that Crown Prosecutors are no longer only required to be objective and impartial but to also consider the effect of their work on victims of crime. As such you can argue that the CPS is no longer a prosecutorial factory belting out cases out of necessity but an institution determined to find the right solutions for the victims. In addition to this, LSIP ensures that the work of the Crown Prosecutor is consistent with Core Quality Standards. Thus it is not enough merely to proceed with a case through to sentencing, but prosecutors are obliged to have victims in their minds and those who do not are held to account. This emphasis on the victims of crime in turn acts as a source of comfort to the vulnerable and those who may otherwise be reluctant to report crimes particularly in the areas listed above. The limits of LSIP However, for all the advantages listed above, there are some limits to what can be achieved through LSIP. Firstly, the fact that the Panel exists under the umbrella of the CPS means that it cannot be totally independent. The Panel is chaired by a Deputy Chief Crown Prosecutor and the randomly selected case files reviewed by the Panel are still ‘selected at random’ by
CPS staff. Furthermore, there is an inherent conflict between the requirement of the Crown Prosecutor to be independent, fair and objective and the overwhelming emphasis through LSIP on victim welfare. Whilst there is no suggestion any Crown Prosecutor’s objectivity has been affected by this emphasis on the needs of the victims, the CPS must be careful not to place a disproportionate emphasis on this and thereby tamper with Crown Prosecutors primary obligation to act in the interests of justice. In addition to this, factors such as the quality of advocacy and the research work carried out by Crown Prosecutors is not within reach of the Panel even though this may have an impact on whether or not a case is won and by extension the impact on the victim. Lastly, the CPS relies in large part on the efficiency of the police in gathering and delivering evidence in time. Problems arising out of insufficient evidence or delays caused by the police may have a huge impact on victim welfare but the Panel is limited in the amount of pressure that it can place on external agencies and investigating officers. Thus whilst there is great value in LSIP reviewing some key cases, there are some significant limits in how far the Panel can reach. Walker Syachalinga Part Time BPTC, Holborn 1
Core Quality Standards, March 2010
2
The Code for Crown Prosecutors, February 2010
3
CPS Policy for Prosecuting Cases of Disability Hate Crime 2007
4
Crimes against Older People – CPS Prosecution Policy July 2008
5
Racist and Religious Crime – CPS Prosecution Policy 2010
Legal InCite – BPP Law School’s Student Publication 19