The latest Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) report into the work of the CPS and the pressures brought to bear by an increase in workload, together with a backlog in workload as a rest of the pandemic, will make for painful reading for the government. It is perhaps little more than confirmation of what many in the criminal justice system have known for some time, not least the CPS front line lawyers themselves. A petition by the public sector union, the FDA, which represents many CPS staff, was submitted to the Chancellor ahead of his spending review last November. The petition highlighted a backlog of cases to be heard soaring past 45,000, calling for a suspension of cuts to the legal aid regime generally, and overall investment in the prosecution, pointing out that “a functioning justice system is the bedrock of a functioning democracy”.
Whilst the report does point out positives in the ability of the CPS to adapt to the challenges it has faced, there is only so much that can be done before a rubicon is crossed. Reports that some staff are at ‘breaking point’ because of the pressures resulting from increases in workload will have alarm bells ringing. The consequences of delays and failures in the system cannot be overstated. The criminal justice system as a whole is there to protect society and provide confidence to victims that their case will be heard.
But what of the voices on the other side of the fence – the criminal defence lawyers tasked with representing those accused of crimes? In truth, the HMCPSI report could well have been written as if it had been mandated to review theirwork, and the struggles faced by lawyers who defend under the woefully under-funded criminal legal aid regime. Successive and relentless cuts to funding over a number of years have led to lawyers leaving this side of the profession in droves, with the dwindling numbers no longer being bolstered by a regular influx of new lawyers keen to make their mark as criminal justice lawyers. There are many lawyers who work extended hours for little reward just to stay afloat. The government has commissioned an independent review of criminal legal aid, to be chaired by retired judge Sir Christopher Bellamy. His conclusions and proposals are due to be presented to the Lord Chancellor in 2021. If the discontentment that is being reported finds a voice in this report, it seems unlikely that it will be a startlingly positive one.
Whilst to many it is an unfashionable or uncomfortable view, as part of a strong democratic society, with fairness and justice for all at its heart, it is only right that accusers and accused are treated equally. Those who choose to vilify the defence as being the source of all ills in the system miss the point. The defence are merely one part of an organism which can only thrive if all of its parts work, and work well. This includes the police, courts, prison service and probation service to name but a few.
In order to deliver justice, there needs to be a forum for cases to be heard and to be heard safely. The pandemic has crippled the ability of HM Courts and Tribunal Service to provide venues for cases. A system that was creaking previously, neglected by years of underfunding, has been exposed by the pressures brought to bear by the pandemic. With reports of concerns about safety measures in place for all court users, news that staff at Liverpool’s Law Courts and Southwark Crown Court have backed a move for industrial action will perhaps come as no surprise. In light of the announcement, the Public and Commercial Services Union (PCS) general secretary, Mark Serwotka, said, “Court staff have been working incredibly hard in this pandemic keeping the justice system running, but they feel deeply let down and are worried for their safety". Sound familiar?
As for the police, the tip of the criminal justice spear, concerns over their safety in the context of the vaccine roll-out have essentially been brushed aside. Given their daily requirement to work outside the home in order to do their jobs, many will query why they cannot be given extra protection.
The pandemic has spread its tentacles throughout all of society, and has no regard for whoever stands in its way. It has required a collective societal response to ensure we can emerge from the stranglehold imposed by the virus intact. Mention must be made of the efforts made by our health workers, but again they are being made to feel undervalued following the proposed pay increases announced in the budget. Whilst there has been much to contend with as a result of the virus, the Government has been happy to sit back and draw from the well of goodwill, which the people who make the systems work provide, despite the adversity. That well is not bottomless, however, and there is a risk it will run dry, and soon.
What then of the future? Perhaps not much will change in the short term, but there clearly needs to be a rethink as to what can be achieved without adequate and sustained funding. This may well be brought starkly into focus as the fruits of the Chancellor’s new Covid task force start to ripen. Over 1,200 HMRC officers are being tasked with investigating allegations of fraud relating to the misappropriation of government funding on offer during the pandemic. It is certainly headline grabbing, as there is likely to be a great deal to be investigated. The public will want to know where their money has gone, and recover as much as possible from those who benefitted when they weren’t entitled. However, the fruits of the task force’s efforts may well be in danger of withering on the vine if there isn’t sufficient similar investment in other aspects of the criminal justice system to ensure cases are brought before the courts.
The justice system is much like a patient suffering from a number of urgent ailments. As doctors prioritise treatment for the most serious injuries, other wounds are cursorily treated, to be dealt with further down the line. A fine balancing exercise must be conducted to ensure the best chance of success. The risk here, however, is that the injuries are too great, and general health has been neglected for too long, which in turn threatens its very survival.
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
©Gherson 2021
Solicitor in our White Collar Crime Defence Team
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