POWERS: proposal in Criminal Justice and Immigration Bill 'poses serious risk'


The Crown Prosecution Service (CPS) is facing a revolt within its own ranks over the extension of powers given to designated caseworkers.



The union representing CPS prosecutors last week branded plans to allow caseworkers to conduct magistrates' courts trials as 'fundamentally wrong'.



Plans contained in the Criminal Justice and Immigration Bill currently going through the House of Lords would enable caseworkers - who are not qualified lawyers - to conduct a wider range of cases, including not-guilty trials for offences that carry custodial sentences.



At present, designated caseworkers only have the power to conduct a limited range of cases where the defendant has pleaded guilty.



Sue Gethin, CPS section national convener for the FDA union, said: 'The proposals are unworkable and pose a serious risk to the good working of the criminal justice system. Significantly extending the powers of [caseworkers] would be fundamentally wrong.'



FDA national officer Paul Neilson added that the change would put an 'impossible burden' on prosecutors to supervise caseworkers, as they would need to be satisfied with the standard of presentation and prepared lines of cross-questioning in every trial.



'Adjournments and delays would increase as a result of caseworkers in court needing to consult the advice of a qualified prosecutor,' he said.



A CPS spokesman said: '[Caseworkers] are currently supervised in all aspects of their duties by experienced crown prosecutors and comprehensive guidance is provided to CPS areas concerning their deployment and supervision.'



Jeremy Gautrey, negotiations officer for the Public and Commercial Services Union, which represents caseworkers, added: 'Those that suggest that the proposals will undermine the criminal justice system have little understanding of the valuable work [caseworkers] can perform.'



Meanwhile, a report by HM CPS Inspectorate has found that the number of cases thrown out at the committal stage because the prosecution was not ready to proceed is still 'too high', at 2,325 cases last year.



However, the report, which assessed all 42 CPS areas, found a general improvement in performance. The number of areas rated as excellent rose from three in 2005 to five in 2007, while the number of 'poor' areas fell from four to two (Leicester and Surrey).



Catherine Baksi