Lawyers in the London branch of the Customs & Excise Prosecutions Office (CEPO) are not fully in control of their cases, an investigation concluded last month.

The inspection by the Crown Prosecution Service Inspectorate (CPSI) revealed that CEPO lawyers are stretched to a point where they are not able to do their job properly.


The report said that a lack of resources and an increase in the size and complexity of cases has led to pressure permeating throughout the caseworker units. It found there was insufficient planning of work, with decisions effectively being made by outside counsel.


Lawyers are unable to fully master the developing evidence in their cases, according to the report, with prosecutors heavily dependent on investigators to identify material that could potentially need to be disclosed to the defence. The inspectors criticised the practice of using local Customs & Excise staff to prosecute cases and noted that the CEPO does not have the capacity to attend all of its court appearances.


The CPSI concluded that while the CEPO had made significant steps towards its role as an independent prosecuting authority, it was constrained by inadequate staffing levels, poor accommodation, a lack of basic equipment such as photocopiers, and poor IT systems.


The inspection took place as a result of the Gower Hammond and Butterfield reviews in 2002, which followed the collapse of a large-scale fraud investigation relating to goods held at London City Bond warehouse. The cases fell apart when the court heard that customs officers had encouraged the offences in a sting operation.


CEPO director David Green said he had already commissioned a casework review recommended in the report. He added: 'CPSI emphasised that [CEPO] lawyers are making "good, independent decisions" and noted that "there is now a clear understanding of the respective roles of CEPO and the department [Customs & Excise]"... On independence, Customs & Excise staff will no longer have rights of audience and this will ensure greater involvement of lawyers working for CEPO in court hearings.'


He added: 'CEPO has assisted Customs & Excise in ensuring all disclosure officers are properly trained... Disclosure responsibilities are taken seriously within CEPO.'