An independent state of mind

A Year into the job, ThE director of public prosecutions outlines to Philip Hoult his vision for a More powerful, properly independent and well-funded Crown prosecution service

When Ken Macdonald QC became Director of Public Prosecutions (DPP) a year ago, it shocked many. After all, the new DPP had earned his spurs as defence counsel - latterly at Matrix Chambers - and had reportedly never prosecuted a case.



Twelve months on, and his vision for the Crown Prosecution Service (CPS) is taking shape. A nine-point Statement of CPS Independence was issued to staff in July, calling for 'a world-class prosecuting service, at the heart of the criminal justice system'.

All very worthy, but is there any substance? The DPP acknowledges that, to meet the statement's aspirations, there needs to be a programme of action that will lead to a fully modernised service. 'We have really suffered from the failure to create a proper, independent public prosecuting authority,' he says.

Since its creation in 1986, explains Mr Macdonald, the CPS has had 'effectively, a back-room role', lacking status and funding, and there has not been a body driving cases through the system from the prosecution side - until now. 'We need a body that people recognise and that has some status, a place where people want to come and work,' the DPP says.


This all requires a strengthening of the prosecuting process, he argues. Key is the charging initiative - where responsibility for charging will be switched from the police to Crown prosecutors. Describing the initiative, to be rolled out by 2007, as 'a huge transfer of power', Mr Macdonald says it lets prosecutors work 'much closer with the police at a far earlier stage of investigations'.


A second key element of a modernised CPS will be its work with victims and witnesses, an area traditionally handled by the police. 'Police interest can wane between charge and trial,' the DPP explains, suggesting that prosecutors are better placed to look after victims and witnesses through the 'No Witness: No Justice' scheme.


The CPS will also handle an increasing amount of advocacy in-house, he says. While insisting the criminal bar need not be concerned, he believes the service can attract more people by offering greater opportunities. 'We want people interested in higher court advocacy to work with us,' he says. 'We need to assert ourselves more, both at the investigation stage and at the advocacy stage.'


Of course, implementing such a modernisation process, and dealing with a constant stream of government initiatives, requires resources.


The chronic funding problem faced by the CPS is not as acute as it was, Mr Macdonald maintains, pointing out that in London, the service has grown from 250 lawyers in 2001 to around 400. Salaries are also more competitive.


The service meanwhile had 'quite a good spending round' this year on the back of decent settlements in previous reviews. Critics argue the extra money is at best only keeping pace with the growing caseload that charging and other initiatives have brought, but the DPP says it nevertheless represents a vote of confidence from the government.


The goodwill of the service's 7,600 staff will be as important as the money. Arguably, Mr Macdonald's greatest challenge is to show the leadership necessary to take the employees of 'the biggest law firm in the country by a mile' with him. It is a massive leap from being a silk in chambers to managing such a major organisation.



The CPS's 2004 staff survey revealed that only 24% of employees felt valued, while 44% did not feel they received fair or respectful treatment. More than two-thirds also felt overworked.


Nonetheless, the DPP claims that - compared with earlier surveys and other departments - the results are heading in the right direction.


'I recognise how hard our people work and recognise their commitment,' he says, adding that the changes in train will make the service a better place to work.



Another area of concern the DPP will have to address is the enhanced role given to designated caseworkers (see [2004] Gazette, 7 May, 3). Mr Macdonald suggests that talk of cut-price lawyers is 'misconceived' and insists they are extremely well-trained and monitored. He is reticent on whether caseworkers will see their role enhanced further, pointing out that their remit is limited by Parliament.



He also says the rise of case-workers should be welcomed by the service's lawyers, who will now be able to spend their time on more complex, rewarding work. The CPS has to employ its resources rationally and cost-effectively, he notes.


Aside from winning over internal sceptics, another tough challenge for the DPP will be to improve the service's reputation with the public and media. Historically, he claims, the service has been too detached; the new strategy is to be as open as possible and Mr Macdonald wants prosecutors to be local public figures accountable to their communities.



The DPP's biggest impact could be in policy matters. Among the reforms he would like to see is for prosecutors to be given the right to interview witnesses pre-trial. 'People in other jurisdictions think we are bonkers [in not being able to do that],' he says. 'We can be trusted.'


Something he says he learned from Baroness Kennedy, whose first pupil he was, is that when it comes to reform, you have to decide what is not negotiable - such as the right to a fair trial in front of an impartial tribunal. He cites his public disagreement with Home Secretary David Blunkett over the standard of proof for a conviction to emphasise his and the CPS's independence. 'As we become more powerful, we have to reaffirm our commitment to fair trial rights, to being impartial, fair and independent,' he asserts.


A year into the role, the DPP says the CPS is at a critical juncture, with a coincidence of factors in its favour: the government has given a high priority to criminal justice, it has recognised that the CPS should be given more powers, and last, but probably most importantly, it has shown a willingness to stump up funds.


The service is ready to grasp this opportunity, he insists. 'People are up for the challenge.'



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