The Crown Prosecution Service deploys agents effectively, but needs to provide them with better support

HM Crown Prosecution Inspectorate (HMCPSI) has today published a report on the effective use of agents in the magistrates’ court.

In 2018-19, the Crown Prosecution Service (CPS) used agents in over 1 in 4 magistrates’ court sessions. Agents are lawyers who are not directly employed by the CPS but used to fill gaps in resourcing that the CPS’s own lawyers cannot bridge.

The report found that the CPS strategy for the use of agents is effective; using agents to meet shortfalls in CPS lawyer deficits and to cover peak demands.

While the CPS has invested in training for agents, the report found that take up is limited with only 1 in 3 of agents surveyed having used it and a similar proportion had not heard of it. The CPS should therefore promote its training more to ensure agents are fully prepared to represent the CPS.

Inspectors also raised concerns about the assessment of agents. CPS Areas need to ensure that those who represent the CPS are providing a quality service. However, the report found that agents were rarely assessed. The CPS would therefore benefit from the development of national guidance to support Areas with the effective use of agents.

The CPS should also strengthen the approach for the introduction of new agents, including consideration of a national register of approved agents, as is the case for those who represent the CPS in the Crown Court. This would ensure that any quality assessment could be recorded and act as a means for all Areas to assess suitability.

Commenting on the findings, HM Chief Inspector Kevin McGinty said:

“The flexibility that using agents brings to the CPS ensures that the criminal justice system can continue to operate as courts and hearings can be resourced.

The current reliance on large numbers of agents brings some challenges. Ensuring that those who represent the CPS are of the right quality is something that requires a more systematic approach.”

Notes to editors

1. A copy of the report is attached. The Effective Use of Agents in the Magistrates’ Court
2. HMCPSI inspects prosecution services, providing evidence to make the prosecution process better and more accountable. We have a statutory duty to inspect the work of the Crown Prosecution Service.
3. This is the first time HMCPSI have undertaken an inspection on the effective use of agents in the magistrates’ courts.
4. HMCPSI visited nine CPS Areas to speak with staff with responsibility for the deployment and support of agents.