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311. The proposals which emerge from this Review are designed to create a system which moves both effectively and efficiently from arrest to charge; from determination of plea either to sentence (in the event of a guilty plea) or allocation and pre-trial arrangements; from trial to final result. At each stage, those engaged at the time (whether police, CPS, defence lawyers, the court or NOMS) have to work not only to make best use of their own resources but also to have regard to the needs of others engaged in the same process. Developing those links and ensuring that all those in the CJS boat pull in the same direction will take time and energy both in the initiation phase and also in maintenance of progress.

312. Even greater difficulty will be generated by the need to establish new ways of working while, at the same time, dealing with the existing cases that are in the system but unresolved: what might be called ‘legacy cases’. Thus, at the same time that the police and CPS are improving their processes so that the right decision is made at the earliest stage of a case and then progressed accordingly, they are having to deal with issues and trials in cases that are stuck in the system and which, because of lack of available courts, are unlikely to be tried for many months. This inevitably means having to work on cases proceeding in two different streams at the same time. 9.1 The Police and CPS

313. The scope of this Review does not extend into an analysis of the way in which the police service is financed or, more particularly, how that funding is split between the various public services which the police have to provide: it is therefore for Chief Constables within their own forces to determine how, for the period of transition, they will deal with the consequences of new cases having to be processed quickly while, at the same time, bringing older cases up to the necessary standard for prosecution and, if necessary, trial. In saying that, I do not deny or seek to minimise the size of the problem.

314. On the basis that the CPS is a prosecuting authority only (and has no other duties), its position is less opaque than that of the police. However, I am concerned that its problems are more serious because, unlike the police, there is no opportunity to divert resources from other areas of work unconnected with the prosecution of crime. Pulling resources from one area of work (such as advocacy) so that lawyers can take responsibility for new cases while dealing with the old work will be challenging. At the same time, Transforming Summary Justice will also have to be implemented. Having said that, TSJ and the related plans to reform processes in the Crown Court provide the fundamental building blocks for an efficient criminal justice system; CPS is pivotal to its success and there is no alternative to tackling the transition head on.

seeks to introduce and embed requires far more than delivery by the CPS: other agencies are involved and must play their full part. The overlap – or transition period – will, however, be particularly challenging and, in my view, simply cannot be achieved without help. The common platform will, in time, provide the scope for further savings but until the IT is available (which will not be in the period of this transition), the CPS will have to work with current systems. 316. In those circumstances, it is my view that the particular pressures on the CPS will have to be

recognised. Although it is not a matter for me, one option for the DPP to consider would be whether the lawyers currently involved in advocacy in the Crown Court could be more effectively deployed. They could have responsibility of the day to day management of the additional work consequent upon the need to process the legacy cases, while at the same time dealing with the new work coming through TSJ and the implementation of the recommendations of this Review. In this transition phase, the Crown Court work could be undertaken by independent advocates. Although they would require funding for those hearings, beyond that they would not impose any resource burden on the CPS or generate personnel difficulties when the transition has passed and, hopefully with CJS Common Platform, a more effective and efficient method

of working becomes embedded. To that end, I recommend that the Treasury should

be asked to fund the transition period for the CPS to ensure that the necessary work can be completed and the new systems implemented: although it would need detailed consideration, I anticipate that the period involved could be 12-18 months depending on the CPS area involved.

9.2 HMCTS

317. The same problem will confront HMCTS where the distribution of funding for Crown Court crime is governed by the ‘currency’ of sitting days. Thus, each region is allocated a number of sitting days which represents the maximum work period within which to conduct the criminal business of the Crown Court. It is for that reason that court rooms might be empty while, at the same time, trials are delayed for want of Judges and staff to dispose of them.

318. This creates an acute problem. Already at present, there is at least one Crown Court centre which is fixing trial dates as far ahead as 2016 in cases in which the defendant is on bail. This is doubtless causing a considerable increase in the stress placed on victims and witnesses. In addition, such necessary practices increase the likelihood of defendants pleading not guilty, knowing that their trials will not come up for a considerable period by which time even if victims and witnesses have not lost interest or moved away (so that the case collapses), memories will be affected and the direct evidence less persuasive. Even if that does not happen and a guilty plea is entered, the mitigation of having the case hanging over the defendant’s head may well carry weight with the sentencing court. This creates a downward spiral in which the guilty plea which is ultimately entered and which was inevitable from the initial papers is not entered expeditiously. The consequence is further cost incurred in unnecessary case preparation and further delay which only further increases the pressure on lists.

319. If there is no available court time to dispose of the work, cases entering the system cannot be listed earlier. Priority has to be given to cases in which the defendant is remanded in custody and those cases which must attract accelerated listings (such as, for example, domestic violence or an allegation of sexual crime, particularly if a child is involved). The result is that the critical need to list all cases earlier, thereby maintaining the pressure to deal with the issues from the moment of charge, will not be achieved. Thus, in the same way that the CPS needs additional resources to cover the transition, so HMCTS requires transitional funding to provide additional sitting days and available Judges to dispose of the legacy work while at the same time processing new cases earlier and with greater efficacy and efficiency.

It must also be recognised that legal aid costs in total will necessarily increase for the period as more work is being processed over the same period.

9.3 NOMS

320. The problems for NOMS are in part systemic and in part a consequence of recommendations I have made. In relation to the former, negotiations (and, if necessary, contractual modifications) are required to improve the problems arising from

(1) the ways in which PECS operates both in relation to timely delivery of defendants to court; (so as not to hold up the court) and (2) the provision of dock officers leading to delay and steps put in place to ensure that remand prisoners are held close to their court of trial.

321. As to the latter, provision should be made for accessible electronic facilities to allow lawyers to take instructions from their clients. These electronic facilities made available to remand prisoners need to be restricted or locked to links only with lawyers. This will require only one officer to monitor (without hearing the content of) many such interviews and relieve pressure on legal visits. At the same time, such provision constitutes a much more efficient use of the time of the defence lawyer. Funding for appropriate internet-based video conferencing at remand prisons will form an integral part of the package aimed at improving efficiency and reducing costs with positive benefits to the administration of justice.