New report into CPS’s handling of domestic abuse cases
His Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) has published a new report following a thematic inspection of how the Crown Prosecution Service (CPS) handles domestic abuse cases.
The report recognises that domestic abuse is a priority area for the CPS and inspectors found that the CPS has committed resources, training, and support to secure justice for victims.
Inspectors found that local and national domestic abuse leads and staff working for CPS regional areas are committed to improving performance to achieve the best outcome for victims, while recognising that there is increasing demand on their workloads.
The report also acknowledges the CPS is working closely with the police on a joint plan to improve handling of domestic abuse cases and improve victim experience, highlighting what needs to be done locally and nationally.
Inspectors, however, found areas for improvement to ensure victims of domestic abuse receive a better service from the Crown Prosecution Service and stronger cases are getting to court.
The report identifies that there needs to be consistent consideration at an early stage of all relevant information. This includes information provided on police risk assessments conducted with victims, and addressing whether cases can be progressed where the prosecution does not need to rely on the victim giving evidence in court, known as an evidence led prosecution.
In the report, HMCPSI recommends the CPS improves key aspects of the quality of casework, provides better support, protection and engagement with victims, and delivers training to improve prosecutors’ knowledge and understanding of the impact of trauma on victims.
HMCPSI’s Chief Inspector, Andrew Cayley, said:
“An estimated 2.4 million adults suffered from domestic abuse in the year ending March 2022 and domestic abuse accounts for almost 13% of the CPS’s overall caseload. It is a prevalent crime in our society and women and children are disproportionately the victims.
“It is right that we have made a rigorous assessment of how the CPS is performing in its prosecution of domestic abuse so that victims and the public can have confidence in the CPS’s approach to prosecuting cases of domestic abuse.
“Our inspection found that there is excellent work being carried out by dedicated and passionate CPS prosecutors and staff. But our report also shines a light on improvements that need to be made to ensure domestic abuse victims and survivors are properly supported and that outcomes improve.”
In 2020 HMCPSI inspected domestic abuse casework in a joint inspection with His Majesty’s Inspectorate of Constabulary Fire and Rescue Services. The report looked at whether the police and CPS built viable evidence led prosecutions where appropriate and concluded that the handling of evidence led domestic abuse prosecutions required improvement.
The findings from the current inspection indicate that evidence led prosecution was not properly considered in over half of all pre-charge cases considered, a drop in performance from the 2019/20 inspection. However, there was an improvement in consideration of evidence led prosecution in reviews after charge.
To build evidence for HMCPSI’s latest report, inspectors examined 300 magistrates’ court case files, attended magistrates’ courts, and held interviews with staff in each of the six CPS Areas, including domestic abuse leads and the Deputy Chief Crown Prosecutor.
Inspectors also held interviews with other key individuals and groups including district judges, police officers, defence solicitors, the Domestic Abuse Commissioner and third sector support groups, such as Refuge and Women’s Aid.
Read the Service from the CPS to victims of domestic abuse report
Message from HM Chief Inspector
Domestic abuse is a social crisis. Many of us instinctively think that this kind of abuse involves only physical and sexual violence. But it also includes harassment, stalking and online and digital abuse as well as coercive control which can include psychological, emotional, and financial abuse. The most serious instances of domestic abuse can lead to the death of a victim. Almost all victims of domestic abuse are women and girls but of course a minority are men. These are the appalling facts which confront us as a society.
HMCPSI has a statutory duty to inspect the operation of the Crown Prosecution Service (CPS) and the Serious Fraud Office (SFO). The purpose of our inspection work is to drive improvements and build public confidence in our national prosecution bodies.
In 2022 I decided to inspect the Crown Prosecution Service’s conduct of cases involving domestic abuse. I wanted to know whether the CPS is effective in building strong domestic abuse cases that support and protect victims of this widespread crime.
The CPS rightly regards domestic abuse cases as one of the highest priorities in the Criminal Justice System. Significantly, these cases constitute 13% of the CPS’s overall caseload. During our inspection we met with committed and passionate domestic abuse prosecutors. The CPS takes domestic abuse very seriously and they highlight the need for the support and safety of victims throughout the life of a criminal case.
While the CPS is a very positive force in domestic abuse prosecutions, we have found a number of areas where improvements need to be made. Our recommendations to the CPS are set out in full in our report: “The Service from the CPS to the Victims of Domestic Abuse.” These are recommendations which I believe are achievable. The desired improvements will be reached more quickly by better cooperation between the police and the CPS.
During the course of this inspection, we have come to admire and respect the tireless work of Independent Domestic Violence Advisors (IDVAs) who support victims of domestic abuse to become safer, sooner. We need to support IDVAs. Victims of domestic abuse must interact with the police, the CPS and the courts, and often housing, mental health, and children’s services. IDVAs help victims navigate these myriad services and work to provide long term support for victims and their families.
IDVAs do extraordinary work and they need to be consistently funded by government across England and Wales. It should not be a postcode lottery as to whether a victim of domestic abuse receives the assistance of an IDVA.
Tragically, domestic abuse is pervasive. In the year ending March 2022 an estimated 2.4 million adults suffered from domestic abuse in England and Wales. One in five children live with domestic abuse.
These stark figures reflect the scale of the challenge we face but we can do much better now in addressing domestic abuse because we already have the tools to do the job. We can reduce this scourge on our society which damages our precious human capital and leaves in its wake so much misery and unnecessary suffering.