Recommendations & Conclusions
10 items
6
Recommendation
Forty-Third Report - Reducing the backl…
Accepted
We recognise the long overdue move towards bringing data on the criminal justice system together, although it is not clear how the Department will use this to improve performance. In December 2021, the Department published a national scorecard and an adult rape scorecard that bring together data on performance across …
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We recognise the long overdue move towards bringing data on the criminal justice system together, although it is not clear how the Department will use this to improve performance. In December 2021, the Department published a national scorecard and an adult rape scorecard that bring together data on performance across the criminal justice system, including on the size of the backlog, timeliness and victim attrition. The Department plans to also produce local scorecards at the police force level. In a complex system with multiple organisations, the use of scorecards to drive performance risks creating perverse incentives as organisations focus disproportionately on the metrics that the Department has selected to publish. The Department and HMCTS do not yet have the data they need to fully understand and manage the flow of cases. Both are relying on a new case management system to address these gaps, although HMCTS has currently paused the roll-out of this system. Recommendation: In its Treasury Minute response, the Department should set out how the data it has developed and published will lead to improvements in performance and victims’ experiences. 8 Reducing the backlog in criminal courts 1 Capacity in the criminal courts
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Government response AI summary
The government published local criminal justice system scorecards in March 2022 and will publish them quarterly to increase transparency and support collaboration. It will also use the data to identify disparities and share best practices, with plans to improve data quality and metrics.
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HM Treasury
9
Conclusion
Forty-Third Report - Reducing the backl…
Accepted
In the meantime, the Department is relying on using part-time judges (recorders) to provide the additional judicial capacity it needs. It recruited 104 crime recorders in the last recruitment round, and is looking to expand numbers further significantly. The Department told us that currently recorders are not working as many …
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In the meantime, the Department is relying on using part-time judges (recorders) to provide the additional judicial capacity it needs. It recruited 104 crime recorders in the last recruitment round, and is looking to expand numbers further significantly. The Department told us that currently recorders are not working as many days as it expected, and so is working with the judiciary to encourage recorders to work more days.13 Increasing the amount of work that recorders undertake as judges means they have less time in their substantive roles as criminal barristers and solicitors. The Bar Council, Law Society and Criminal Bar Association all reported there are already severe pressures in recruiting and retaining criminal barristers and solicitors.14
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Government response AI summary
The government is already addressing the shortfall in judicial capacity by increasing Recorder recruitment, allowing crime Recorders to sit more days, and approving District Judges and Circuit Judges to sit in retirement.
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HM Treasury
11
Conclusion
Forty-Third Report - Reducing the backl…
Accepted
The Department expects that the demand for prison places will increase significantly. Its plans to increase the number of days that the Crown Court hears cases, and the resultant reduction in the backlog, will likely mean more people being convicted and sent to prison. The recruitment of an additional 20,000 …
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The Department expects that the demand for prison places will increase significantly. Its plans to increase the number of days that the Crown Court hears cases, and the resultant reduction in the backlog, will likely mean more people being convicted and sent to prison. The recruitment of an additional 20,000 police officers by 2023, announced by the government in October 2019, will also mean more cases coming to court and likely more people sent to prison.17
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Government response AI summary
The government is committed to building as many prison places as are needed, investing £3.8 billion to deliver 20,000 modern prison places by the mid-2020s and continues to invest in critical maintenance projects to ensure as many prison places as possible are kept online.
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HM Treasury
12
Conclusion
Forty-Third Report - Reducing the backl…
Accepted
In July 2021, the Department estimated that its court recovery plan and the increase in police officers would result in a shortfall of 4,000 prison places by the end of 2023, over and above the 18,000 additional prison places that HM Treasury had already agreed to fund as part of …
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In July 2021, the Department estimated that its court recovery plan and the increase in police officers would result in a shortfall of 4,000 prison places by the end of 2023, over and above the 18,000 additional prison places that HM Treasury had already agreed to fund as part of the Department’s prison build programme.18 In the 2021 Spending Review, the Department secured funding for 2,000 more prison places, bringing total funding to £3.8 billion to deliver 20,000 new prison places by the mid-2020s, including six new prisons.19 The Department said that its strategy is to not only have enough prison places but to have the right types of prisons and in the areas where it most needs them, though it accepted it may not achieve this until the medium to long term.20
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Government response AI summary
The government is committed to building as many prison places as are needed, investing £3.8 billion to deliver 20,000 modern prison places by the mid-2020s and continues to invest in critical maintenance projects to ensure as many prison places as possible are kept online.
Read full response →
HM Treasury
13
Conclusion
Forty-Third Report - Reducing the backl…
Accepted
The Department described how it is tightly managing the prison build programme to ensure there is sufficient capacity, including closely monitoring the delivery of new prison places against the demand for those places. The Department told us that HM Treasury and the Infrastructure and Projects Authority are also closely involved, …
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The Department described how it is tightly managing the prison build programme to ensure there is sufficient capacity, including closely monitoring the delivery of new prison places against the demand for those places. The Department told us that HM Treasury and the Infrastructure and Projects Authority are also closely involved, and that it has set up a delivery board to manage its portfolio of programmes.21
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Government response AI summary
The government states it is already committed to building as many prison places as needed, investing £3.8 billion to deliver 20,000 modern prison places by the mid-2020s, and has delivered around 2,700 already.
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HM Treasury
14
Conclusion
Forty-Third Report - Reducing the backl…
Accepted
We have reported previously on matters concerning the expansion and maintenance of the prison system. For example, in September 2020 we found that the Department had delivered just 206 new prison places, against a commitment of 10,000 new-for-old places by 2020.22 In March 2021, we reported that the 2019 Spending …
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We have reported previously on matters concerning the expansion and maintenance of the prison system. For example, in September 2020 we found that the Department had delivered just 206 new prison places, against a commitment of 10,000 new-for-old places by 2020.22 In March 2021, we reported that the 2019 Spending Review settlement included only £315 million for maintaining the prison estate, against a maintenance backlog valued at nearly £1 billion.23 We have also reported previously on the Department’s efforts to reduce re-offending, which the Department recognises is the best way to tackle crime. In September 2020, we concluded that its efforts were being put at risk by the absence of a cross-government strategy.24 17 Q73; C&AG’s Report, para 3.15 18 C&AG’s Report, para 17 19 Qq73–78 20 Q81 21 Qq74–77, 80 22 Committee of Public Accounts; Improving the prison estate; 15th Report of Session 2019–21, HC 244, 11 September 2020 23 Committee of Public Accounts; Key challenges facing the Ministry of Justice; 52nd Report of Session 2019–21, HC 1190; 24 March 2021 24 Committee of Public Accounts; Improving the prison estate; 15th Report of Session 2019–21, HC 244, 11 September 2020 Reducing the backlog in criminal courts 11 2 Impact on court users Vulnerable and disadvantaged users
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Government response AI summary
The government states it is already committed to building as many prison places as needed, investing £3.8 billion to deliver 20,000 modern prison places by the mid-2020s, and has delivered around 2,700 already.
Read full response →
HM Treasury
19
Conclusion
Forty-Third Report - Reducing the backl…
Accepted
The Department explained how the longer victims wait for their case to be heard in court, the greater the risk the victim withdraws their support of the process and the case collapses.34 It told us that the proportion of cases collapsing through victim or witness attrition fell in the last …
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The Department explained how the longer victims wait for their case to be heard in court, the greater the risk the victim withdraws their support of the process and the case collapses.34 It told us that the proportion of cases collapsing through victim or witness attrition fell in the last quarter, to 1.2% of cases between April and June 2021. However, the rates of victim and witness attrition are large and increasing in other parts of the criminal justice process: some 29% of cases collapse because of victim and witness attrition between the crime being recorded and the police deciding whether to proceed with the case, and a further 16% of cases collapse between the police referring the case to the Crown Prosecution Service and a defendant being charged.35 The Bar Council expressed particular concern about the increasing time for the Crown Prosecution Service to charge rape cases.36
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Government response AI summary
The government states the first local criminal justice system scorecards for all crime and adult rape were published in March 2022, with quarterly publication to increase transparency and support collaboration.
Read full response →
HM Treasury
21
Conclusion
Forty-Third Report - Reducing the backl…
Accepted
The Department told us that having good data across the criminal justice system is a crucial first step in achieving the right outcomes and bringing the courts backlog down. In December 2021, the Department published two scorecards—one covering all crime and one covering adult rape—that bring together data on performance …
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The Department told us that having good data across the criminal justice system is a crucial first step in achieving the right outcomes and bringing the courts backlog down. In December 2021, the Department published two scorecards—one covering all crime and one covering adult rape—that bring together data on performance across the criminal justice system, including on the size of the backlog, timeliness and victim attrition. The Department said that through publishing these data it is seeking to improve transparency and assess what is happening within each part of the system, for example where victims are most likely to withdraw from the process.41 It is also planning to publish local scorecards at the level of individual police forces, and acknowledged it needs to be careful 31 Q41 32 Q39 33 Q42 34 Q42 35 Qq27–32 36 The Bar Council (RBC0007) 37 Police and Crime Commissioner for Lincolnshire (RBC0004), The London Mayor’s Office for Policing and Crime (RBC0005), Association of Police and Crime Commissioners (RBC0006) 38 Q38 39 Q26 40 Qq38, 49 41 Qq22, 33 Reducing the backlog in criminal courts 13 that publishing and using these data does not threaten the operational independence of the police, Crown Prosecution Service or judiciary.42 The Association of Police and Crime Commissioners said that these data should not be used to punish partners in the criminal justice system but instead enable them to deliver improvements and share best practice.43
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Government response AI summary
The government states the first local criminal justice system scorecards for all crime and adult rape were published in March 2022, with quarterly publication to increase transparency and support collaboration.
Read full response →
HM Treasury
22
Conclusion
Forty-Third Report - Reducing the backl…
Accepted
We asked HMCTS what progress it had made on implementing Dr Natalie Byrom’s recommendations on digital justice and data.44 HMCTS told us it had set up a senior data governance panel to provide advice on the accessibility of data and will announce in early 2022 what data it intends to …
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We asked HMCTS what progress it had made on implementing Dr Natalie Byrom’s recommendations on digital justice and data.44 HMCTS told us it had set up a senior data governance panel to provide advice on the accessibility of data and will announce in early 2022 what data it intends to publish and make available. In its written submission, the Legal Education Foundation expressed frustration at the lack of progress on implementing Dr Byrom’s recommendations.45 In particular, HMCTS’s progress has been limited by not currently collecting all the data that it wants. When complete, HMCTS said that its reform programme and new digital case management system—the Common Platform—will address the key gaps in its data.46 HMCTS told us it has rolled out the Common Platform to 44% of Crown Courts. It has experienced some problems with the system, including slow processing at particular points, so HMCTS has paused the rollout while it addresses these issues and carries out a formal review. It said that this pause would also give it time to build back the confidence of HMCTS staff and others using the system. HMCTS told us there was contingency built into its plan and so should not affect the timing for completing the rollout.47 However, we have reported previously on delays to HMCTS’s reform programme. In July 2018, we reported that HMCTS had pushed its expectation for completing the rollout of the Common Platform from July 2018 to July 2020.48
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Government response AI summary
The government published the first local criminal justice system scorecards in March 2022 and will publish them quarterly to increase transparency and support collaboration, also overhauling its governance structures to increase accountability and drive forward progress in priority areas.
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HM Treasury
23
Conclusion
Forty-Third Report - Reducing the backl…
Accepted
We asked the Department what it is doing to improve data flows across different parts of the criminal justice system. The Department told us that joining up data across the system is a priority.49 It has recruited an additional director of analysis and is recruiting a director-general of performance strategy …
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We asked the Department what it is doing to improve data flows across different parts of the criminal justice system. The Department told us that joining up data across the system is a priority.49 It has recruited an additional director of analysis and is recruiting a director-general of performance strategy and analysis to improve its grip on data as well as a director-general of service delivery and change to lead on delivery in digital transformation.50 The Department said that it is also a focus of a criminal justice action group that brings together permanent secretaries of the Department, the Home Office and Crown Prosecution Service.51 HMCTS added that it is also investing in a team to analyse data, both for managing HMCTS and to feed into the Department’s broader data capabilities.52 42 Qq94–97 43 Association of Police and Crime Commissioners (RBC0004) 44 Q99; Dr Natalie Byrom, Digital Justice: HMCTS data strategy and delivering access to justice, Report and recommendations, October 2019 45 Legal Education Foundation (RBC0009) 46 Qq99–100 47 Q82 48 Committee of Public Accounts; Transforming courts and tribunals; 56th Report of Session 2017–19, HC 976, 20 July 2018 49 Q87 50 Qq84, 101–102 51 Q84 52 Q87 14 Reducing the backlog in criminal courts
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Government response AI summary
The government states that it is already taking forward work to improve data flows across the criminal justice system, including establishing a new data and performance board and recruiting key personnel.
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HM Treasury