Chief Inspector Andrew Cayley responds to comments from Met Commissioner 19th May 23

I have read with interest the views expressed by Sir Mark Rowley, the Metropolitan Police Commissioner about the Crown Prosecution Service ‘cherry-picking’ and ‘not taking on the harder cases’. The empirical evidence gathered by His Majesty’s Crown Prosecution Service Inspectorate suggests a different conclusion.

I am responsible for inspecting the Crown Prosecution Service (CPS). A critical part of every report published by my organisation is an assessment of the quality of legal decisions made by the CPS. We are rigorous and objective in those assessments.  In our most recent Area Inspection Programme, assessing the quality of casework across all 14 CPS Areas, my inspectors examined 1260 cases which included a wide range of offences and found that the CPS had made the right decision about charge in 94% of cases.

In March of this year, I published an inspection specifically relating to the service by the CPS to the victims of domestic abuse. In this inspection my inspectors assessed 300 domestic abuse cases including consideration of whether the decision to charge or not was correct and whether the decision making was timely. In that report we stated:

“Our findings confirm that the CPS does recognise domestic abuse as a priority area of work. Its ambition to secure justice in all possible domestic abuse cases is reflected in a continuing commitment of resources, training, and support to this area of work. The CPS is a driving force in work across the criminal justice system to improve domestic abuse prosecutions and the service provided to victims. The CPS is working closely with the police on a joint plan to improve the handling of domestic abuse cases and the victim experience, highlighting what needs to be done locally and nationally.”

The report went on further to state:

“We found that 97.3% of the cases we examined where the CPS had advised charge complied with the Code for Crown Prosecutors. To comply with the Code, prosecutors must assess the material supplied by the police…We also found that 100% of the cases we examined where the CPS had advised that no further action be taken (effectively stopping the case before charge) were Code compliant. This is a strength. The CPS made timely charging decisions, or the delay was minimal and had no material impact in most of the cases we examined.”.

My view is the evidence shows the CPS are not ‘cherry picking’ and certainly are not avoiding taking ‘the harder cases’. There is clear evidence to the contrary in our Area Inspection Reports and in the Domestic Abuse Inspection. In my two years as Chief Inspector I have visited a number of CPS areas. I have also visited with the Police Service.  I have found in both organisations dedicated and decent professionals trying to do their very best. Both national services are under enormous strain.

There is no doubt we need to identify and examine the best ways for the police and the CPS to collaborate in order to bring about just and timely outcomes in the courts. At HMCPSI we are committed to this goal. That is why together with the Chief Inspector of His Majesty’s Inspectorate of Constabulary, Fire and Rescue Services I have recently commissioned an inspection to examine communication and collaboration between the CPS and police service. The police and the CPS must come together now. Both organisations are facing significant challenges. In seeing a positive way forwards these words come to mind: “united there is little we cannot do in a host of cooperative ventures, divided there is little we can do- for we dare not meet a powerful challenge at odds and split asunder.”