Prosecutors are ‘too often’ not provided with important information that could help improve understanding of potential risks to victims and ‘build the strongest possible’ cases against alleged stalkers, a report by HM Crown Prosecution Service Inspectorate has revealed.
In an introduction to the 122-page report, HM Chief Inspector Anthony Rogers said: ‘Our findings present a mixed picture. We found many examples of dedicated prosecutors and managers who clearly understood the seriousness of stalking and were committed to achieving the right outcomes for victims.
‘However, despite this, performance was not consistently good enough. Too often, prosecutors were not provided with important information that could help them understand the risks posed to victims and build the strongest possible cases.
‘Risk assessments and victim personal statements were frequently absent from police file submissions and the CPS missed opportunities to secure this critical material.
‘We also found inconsistent consideration of stalking protection orders, variable compliance with important victim communication requirements, and weaknesses in evidential analysis, action planning and case building.’
Of 308 cases examined where charge was authorised, inspectors agreed with the CPS’ chosen charge in 236 cases (76.6%). HMCPSI inspectors also found appropriate guidance and instructions were provided in 239 of 308 applicable cases (77.6%).
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The report said: ‘Full and clear guidance and instructions are important in every case because court advocates, particularly in busy courts, rely on clear pre-charge instructions to identify acceptable pleas, bail applications and issues, special measures, restraining orders, witness requirements and other issues necessary to progress cases effectively at first hearing.’
However, the CPS’ triage process ‘is not functioning as effectively as it should’ which was ‘highlighted by the lack of challenge to police file submissions which did not include a risk assessment’.
‘The lack of a full risk assessment can prevent prosecutors from properly understanding escalation in offending behaviour, victims’ vulnerability and the need for immediate protective measures,’ the report said.
Risk assessments were present in ‘only’ 245 (69.5%) of the 348 cases assessed. The CPS should have requested the missing document in 101 of the 106 cases were no assessment was provided but only did so in 19.
‘This represents a missed opportunity for the prosecutor to obtain more information that could strengthen the case and provide valuable detail about support and the impact on the victim.’
A third of cases progressing to a plea and trial preparation hearing were not adequately prepared. Of the 120 Crown court cases assessed by HMCPSI where the prosecutor had conducted a post-sending review, 82 (68.3%) benefited from the CPS adding value by reviewing the case and appropriately addressing outstanding issues.
HMCPSI recommended the CPS improve its engagement with police post-charge to ensure in every relevant case a victim personal statement is obtained or the decision not to provide one is recorded.
It also ‘reiterated’ a previous recommendation that the CPS ‘improve consistency of reviews in relation to the consideration of additional reasonable lines of enquiry and opportunities to strengthen cases in all case types’ particularly domestic abuse cases.
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