Detailed Information
We are responsible for improving performance for the following targets for 2008/9:
Improving public confidence in the fairness and effectiveness of the Criminal Justice System (CJS)
Public confidence in the Criminal Justice System affects the public's willingness to report crime, to come forward as witnesses, to play a part in the justice process by acting as jurors and volunteers, and to see the CJS as employers of choice. The LCJB look to work effectively with local partners; to provide people with a greater opportunity to participate in the CJS; ensure that people have a greater understanding and knowledge of the CJS; and ensures the CJS addresses the needs of the local community. LCJBs have in the past been given a target to increase public’s confidence in bringing offences to justice (as measured by the British Crime Survey) but this local target has been taken away and is now measured nationally with the expectation for LCJBs to produce strategy’s for engaging with the public more.
Improving the effectiveness and efficiency of the CJS in bringing offences to justice
An offence is said to have been brought to justice where an offender has been cautioned, convicted, issued with a penalty notice or had an offence taken into consideration by the court for a crime that has been recorded by the police.
Local Criminal Justice Boards are responsible for improving the rate at which we bring the more serious violent and sexual offences and the serious acquisitive crimes to justice as well as identifying actions to address local priorities on crime and anti social behaviour.
Policing Plan Target
LCJBs used to be measured on the overall numbers of OBTJ (offences brought to justice). Whilst this is no longer a LCJB target it is still a Policing target and is seen as a useful indicator of performance so we will continue to monitor the percentage of offences brought to justice compared to those crimes recorded.
Sanction Detections
Sanction detections (SD) are when an offender has been cautioned, charged or issued with a penalty notice or had an offence taken into consideration. The difference to OBTJs is that sanction detections are measured in crimes, whereas OBTJs are measured in offences. For example, if three offenders commit the same burglary, this results in one charge for the burglary (i.e one crime) but three convictions could result from this one charge (one for each offender and therefore three offences). It is therefore important to look at both measures as the success or otherwise of turning a SD into an OBTJ can indicate issues in recording practices or delays in the system.
First Time Entrants
The LCJB have decided to monitor figures for First Time Entrants with the aim of reducing the number of first-time entrants to the Youth Justice System through various diversion and prevention projects such as restorative justice and Youth Inclusion Support Panels to prevent them from reoffending and entering the criminal justice system.
Persistent Young Offenders
To ensure that the average time from arrest to sentence remains below 71 days so that the minority of young people that are causing a disproportionate amount of crime are dealt with in a timely manner.
Improving victim satisfaction with the Police; and victim and witness satisfaction with the CJS (criminal justice system)
Some victims and witnesses do not report crimes because they do not have the confidence to do so. Victim satisfaction with the services provided by criminal justice agencies are measured by various surveys. LCJBs are responsible for increasing victim and witness satisfaction with the CJS so that people are willing to report crimes and when they do they feel satisfied with the service they have received.
Asset Recovery
Asset recovery involves cases where a person has benefited from their crime and the police and CPS attempt to secure a criminal conviction but also remove the benefit of that crime. Police forces, CPS and the Courts across the country are making more and more use of the powers to seize assets from criminals through confiscation orders made under the Proceeds of Crime Act 2002 (POCA).
Cheshire for 2008/09 has been given a target for confiscation orders (an order made against a convicted defendant ordering him to pay the amount of his benefit from crime) is to secure 77 orders with a target value of £1,867,000; £1,500,000 to be collected from confiscation orders enforcement; the target number of restraint orders for the year is 14 (a Restraint Order is a device whereby a Prosecutor seeks to control and preserve the assets of a Defendant with a view to satisfying a Confiscation Order which may be made against him at the conclusion of criminal proceedings to prevent the defendant dissipating his assets that otherwise might go to meet an eventual Confiscation Order). Under the asset recovery scheme the Home Office gives 50 per cent of all assets recovered from criminals to front line agencies including the police, CPS and HMCS for reinvestment, and forfeiture.
Community Penalties
These are sentences of the court which deal with the offender in the community rather than in prison. These include unpaid work for the community, programmes of work designed to deal with offending behaviour and personal improvement supervised by the Probation Service. The enforcement of community penalties (making sure that an offender complies with the penalty issued by the Court) is important in order to maintain the confidence of the courts and the public in community sentences as a form of punishment. Breach proceedings are initiated for offenders who have failed to comply with the conditions of a community penalty. The most common failure is to be absent from an appointment for probation supervision without an acceptable reason. When this happens this is called a Breach.
The Board target around this work is to ensure 60% of all breach proceedings are resolved within 25 working days; 75% of community penalty breach warrants to be executed on time; there is also an expectation that ALL breach cases are dealt with within 35 days.
Fail to Appear Warrants
When suspects on police bail fail to attend court a warrant is issued by the courts for their arrest. A warrant is classed as being outstanding as soon as the court produce it. The public need to be sure that if someone does not attend court or pay their court fine they will not be allowed to get away with it and the defendant should know that if they do not pay a fine or they do not attend court when they are supposed to that they will be actively pursued. The LCJB and its agencies are monitored on the timeliness of executing these warrants as well as the number of warrants that are outstanding. Although no longer a target the Board also keep a close eye on how quickly the court notifies the Police that a defendant has not turned up at court. This multi-pronged approach ensures that easier to execute warrants are not the only ones targeted and that we still pursue old warrants.
Our targets are to reduce the number of outstanding fail to appear warrants to 204 by the end of March 2009; To execute these warrants within a specified timescale.
Fines
Fines are one of the options available to the courts to punish offenders. The success and method of collection of these fines clearly needs to be robust and if they are not paid are seen to be enforced to increase people’s confidence in this option. Offenders also need to understand that they cannot get away with not paying fines. LCJBs have been set a target of an average payment rate of 89% for fines imposed.
Licence Recall
The LCJB are responsible for ensuring that those offenders whose licences (prisoners that have been released from prison, under specific conditions, to serve part of their sentence under supervision in the community) are revoked are quickly apprehended and returned to custody. Our target monitors the performance of the Probation Service, National Offender Management Service Post Release and the Police to ensure each agency performs their role in a timely manner. The target for Emergency Recalls (high risk offenders) across all agencies is 75% to be dealt with in 74 hrs (3 days) and for Standard Recalls – 75% in 144 hrs (6 days)
Locally we also monitor:
Ineffective Trials
A trial is deemed as being ineffective when it is unable to proceed on the day that it was scheduled to start and has to be re-listed for trial on another day. There are various reasons for this, but the main ones are the non-attendance of a prosecution or defence witness, the failure of the defendant to appear; or the parties involved not being ready to proceed with the case. Cheshire LCJB keep a close eye on all related issues affecting the efficiency of the CJS.
Crown Court: The local target is to reduce the ineffective trials rate to 12.5% of all trials by the end of March 2009
Magistrates' Court: To reduce the ineffective trial rate to 18% of all trials by the end of March 2009
We also monitor and measure
Cracked Trials
A cracked trial is when a defendant changes their plea to guilty to the original or lesser charge on the day of trial. The defendant will be sentenced, however the victim and witness that may have attended the court will no longer be needed.
AND
Vacated Trials
Prior to the trial date, a request to vacate/cancel the trial date is granted. A further listing for trial may or may not be required and the court time vacated may or may not be filled with other cases
ALL OF THE ABOVE waste time and money and lead to unnecessary trips to court or delays for victims and witnesses, including police officers.
CJSSS
CJSSS (Criminal Justice, Simple, Speedy, Summary) was implemented in response to a number of cross agency reviews of procedures in the Magistrates’ court which revealed that criminal cases were taking too long and involved too many hearings to reach conclusion. The initiative aims to reduce the number of hearings to deal with a case. It also targets the length of time cases are taking from charge to disposal.
Witness Attendance Rate
Occasionally trials collapse because witnesses and victims are too scared or intimidated to give evidence. It is important that we improve the rate at which victims and witnesses attend court and as such the LCJB monitors this. To improve the confidence that victims and witnesses have in the Criminal Justice system and to meet their needs for information and support dedicated Witness Care Units were established at Chester, Warrington and Crewe. Staffed by police and CPS Witness Care Officers, the units:
• Act as a single point of contact for victims and witnesses from the point of charge;
• Provide progress information, including outcomes of hearings;
• Assess the needs of each individual witness attending court and provide a tailored support package which may include childcare provision, transport, referrals to support organisations and pre-trial court visits with the Witness Service.
The Police
The Police are responsible for investigating crimes, arresting or reporting people reasonably suspected of committing crimes, and for preparing the prosecution case.They may charge or caution people arrested. In the case of young people, they will work with the local Youth Offending Teams to divert young people away from crime.
Crown Prosecution Service
The Crown Prosecution Service (CPS) is responsible for reviewing prosecution cases referred to them by the Police. The CPS will usually decide whether there is sufficient evidence for the Police to charge a suspect (i.e. for the case to proceed), and decide upon the most appropriate charge based upon the evidence available. It is also responsible for preparing cases and prosecuting them at court. The lawyers employed by the CPS are called Crown Prosecutors.They review cases in accordance with the Code for Crown Prosecutors. This is a public document. It sets out the sort of things a Crown Prosecutor must consider when deciding whether or not there is sufficient evidence to prosecute and if so, whether it is in the public interest for a case to continue. Sometimes more evidence emerges as a case continues and Crown Prosecutors must continue to review files until they are finalised. If a Crown Prosecutor decides at any stage of the life of the case to substantially alter a charge or drop it altogether, he will write to the victim and explain why. In some cases he will offer to meet the victim to explain the decision in person.As part of the case preparation, if a victim or witness is vulnerable or intimidated, the Crown Prosecutor will liaise with the Police to find out whether or not ‘special measures’ might help the witness to give evidence in court.These special measures include TV links and screens and also clearing the public from the court when sensitive evidence is being given in cases involving allegations of sexual offences. The police officer will speak to the witness about the measures that may be available and to ask him what might help him to give his evidence in court. The Crown Prosecutor will apply to the court for permission to use the special measures at the trial. In the Magistrates’ Court, Crown Prosecutors deal with the prosecution of most cases. These include day-to-day remand courts, guilty pleas and trials. The CPS also has staff called Designated Caseworkers who deal with the most straightforward cases in Magistrates’ Courts - generally guilty pleas.They are not lawyers but are all experienced caseworkers who have completed a formal “para-legal” qualification. In the Crown Court only barristers and solicitors who have gained their “rights of audience” (they are called Higher Court Advocates) are allowed to prosecute and defend cases.At the Crown Court, the CPS uses its own Higher Court Advocates for some cases, but generally instructs barristers to prosecute on its behalf.This is called briefing a barrister - the “brief” is a set of papers the CPS gives the barrister. It contains all the case details and instructions on what the CPS wants the barrister to do.
Legal Services Commission (LSC)
Each year the LSC helps more than two million people to deal with their legal problems.
They run the legal aid scheme, which safeguards some of society’s most vulnerable and disadvantaged people.
Legal aid helps ensure access to justice by providing high quality advice, information and representation to people who would not otherwise be able to afford it.
It means clients can protect their rights by:
- getting early advice
- being able to defend themselves if accused of a crime
- taking a case to court when this is the best way to resolve a dispute.
Her Majesty's Courts Service
Magistrates' Court - When a defendant has to appear before the magistrates they decide whether to plead guilty or not guilty (admit or deny having committed the offence). Defendants who are aged between 10 and 17 inclusive will usually appear before the Youth Panel of the Magistrates’ Court. Lay magistrates (also known as Justices of the Peace or JPs), are local people who volunteer their services in order to administer local justice.They are impartial and independent of the Police and the Crown Prosecution Service. Magistrates are not paid for their time other than expenses. They receive training by the courts in matters of law and sentencing guidelines. Magistrates’ clerks (also known as Legal Advisors) are qualified lawyers, employed by the court, who advise the magistrates on judicial matters. They take no part in the decision of guilt or sentencing. They ensure that the trial is conducted in accordance with the law and that witnesses are treated with respect when giving evidence. Usually, three magistrates make up the bench, meaning the panel that hears the case and decides in contested cases, based on the evidence put before them, whether the defendant should be found guilty or not guilty. If they find the defendant guilty, then they will usually decide the sentence to be imposed.
There are also District Judges who may sit in a Magistrates’ Court instead of a bench of magistrates. District Judges are legally qualified and are paid to carry out this function. Magistrates’ Courts deal with “summary offences” where the defendant is not entitled to trial by jury. These offences involve a maximum penalty of six months imprisonment or a fine of up to £5,000, and include motoring offences and minor assaults. There are also “either way offences” where the defendant can be tried either at the Magistrates’ Court or at the Crown Court. Examples of either way offences are theft and handling stolen goods.There is a third class of offences called “indictable only offences” which include murder, manslaughter, rape and robbery. Magistrates’ Courts are required to send these cases to the Crown Court.. Where people plead guilty at the Magistrates’ Court, the magistrates or the District Judge usually decide on the sentence to be imposed. Magistrates hear over 95% of all cases put before the courts. The Magistrates’ Courts in Cheshire are located in Chester, Crewe, Macclesfield, Northwich, Runcorn, Warrington and Widnes. Anyone who has to attend court as a defendant or a witness (including the victim) should receive a leaflet telling him or her where the court is and explaining what is likely to happen. The Witness Service, who are a voluntary service are based at each court in Cheshire, Halton and Warrington to give information and support to witnesses, victims, their families and friends when they go to court.
Crown Court - Indictable offences and some ‘either-way’ offences are dealt with by a judge and jury at the Crown Court and are generally the more serious offences. There may be some procedural hearings at the Crown Court to settle legal issues before the trial. The defendant and witnesses will be told of the date of the trial and where the Crown Court is. There are three Crown Court centres in Cheshire; Chester, Warrington and Knutsford. At the start of a trial the jury is selected and sworn in (jurors take an oath to judge the evidence fairly). After the evidence has been presented by the prosecution and the defence, the judge then sums up the whole case for the jury, who have to decide whether the defendant is guilty or not guilty. At the conclusion of the case, the jury usually “retire” (go to a private room) to discuss the evidence they have heard, and make up their minds before they announce their decision to the court. If there is any reasonable doubt in their minds, the jury must find the defendant not guilty. If the defendant is found not guilty, he is discharged and provided there are no other matters to consider, he is free to leave without any conviction being recorded against his name. In cases where the defendant accepts his guilt by pleading guilty, or is found guilty by the jury, the judge will sentence the defendant either at that time or after calling for additional reports, for example, from the Probation Service.
Youth Offending Teams, Cheshire
Youth Offending Teams (YOTs), were established under the Crime and Disorder Act 1998 and are in place in each local authority area. YOTs are multi-agency partnership organisations, resourced by seconded staff from the following agencies: Local authority social services and education departments, National Probation Service, Cheshire Police, Relevant Primary Health Care trusts (Health). YOTs work with young people aged 10 to 17 years inclusive, who offend, from initial arrest through to final warning, or sentence by the Youth Panel of the Magistrates’ Court or the Crown Court. Multi-disciplinary YOT staff provide the following services: Programmes to meet the specific needs for young people who offend subject to reprimand and final warning, Pre-sentence reports and specific sentence reports for local courts, Supervision of young people subject to a range of community based sentences, custodial sentences and following 
their release from custody, YOTs also contact victims of youth crime and, where possible and appropriate, involve victims directly in mediation, or direct reparation. Young people also take part in community based projects. YOTs also work with persistent young offenders, through the government’s Intensive Supervision and Surveillance Scheme. This aims to provide intensive supervision of young people who offend regularly in the community.
National Probation Service
The National Probation Service advises the courts on the personal circumstances of those found guilty, the most suitable community sentence (if any) and the likelihood of the defendant re-offending.This is done by way of a Pre-Sentence Report (PSR), which usually requires the case to be put off for three weeks, or a Specific Sentence Report (SSR), which can be prepared on the day of the court hearing.
The Probation Service supervises those offenders sentenced to community sentences, and those released from prison on licence after serving a sentence of 12 months or more. In doing so, it aims to educate and encourage them to stop re-offending by putting them through programmes known to be most likely to cut re-offending and by attending to any underlying social problems. If offenders don’t comply, the Probation Service will take their cases back to court or, if there has been a breach of a prison licence, back to prison. The Probation Service also contacts the victims of violent and sexual crimes where the offender is sent to prison for 12 months or more. This is to explain to them the structure of the offender’s sentence and any licence period, the timing of any reviews for temporary release, and also to get the victims’ views on matters as they occur, including any licence conditions to which the released prisoner may be subject.
HM Prison Service
After the courts have sentenced someone to prison, the Prison Service has the job of keeping them in custody. There are over 70,000 people currently in custody, and 40,000 staff whose job it is to look after them with fairness and humanity whilst also maintaining the highest standards of security possible for the general public. Offenders who are sentenced could be sent to a prison anywhere in the country if they are serving a long sentence, but are likely to remain in the North West if they are serving a shorter sentence