CPS response to COVID-19: dealing with backlogs

A report from Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) found that the Crown Prosecution Service (CPS) has continued to deliver an effective service despite its casework increasing at an alarming rate.

HMCPSI first published a report into the CPS’ handling of the pandemic crisis in June, a further inspection was carried out to look at the organisations handling of its case backlog.

Inspectors were pleased to find that the CPS has continued to maintain its service to the public, and has taken steps to ensure that pressures of increasing caseloads due to the pandemic have been mitigated and managed. The CPS has moved staff to alleviate the pressure, moved resources to frontline services, and brought in secondees from the self-employed bar.

The CPS’ support for the wellbeing of its staff has been good. There has been a proactive focus on increasing support through its new Thrive app, as well as through regular online staff events. However, the inspection revealed that despite the CPS having a system in place to help target resources, the increasing caseload is putting pressure on staff which cannot be maintained indefinitely.

The report highlights that the case backlog not only poses issues for staff, it has great consequences for victims, witnesses and defendants.  Inspectors noted that long delays affect the ability of anyone involved in a case to recollect the events and it may impact on a person’s willingness to attend court to give evidence, which is a major risk for public confidence.

The inspection found that the CPS has been working with the police, courts and judiciary to resolve issues. Joined up working will be essential if the crisis is to be addressed effectively but there was some evidence of agencies prioritising their own needs over the needs of others.

Commenting on the report, HM Chief Inspector Kevin McGinty CBE, said:

“This report shows that through strong leadership the CPS has been able to maintain and deliver an effective service even as caseloads have increased at an alarming rate. The pressures faced by staff at the front line have been recognised, and the CPS has been innovative in how it has tried to manage and alleviate those pressures.

“This crisis and the greater delays in getting cases to court has the potential to further undermine any confidence victims and witnesses have in our ability to bring them justice. Even before the pandemic struck the system was too dependent on the hard work and goodwill of those who work in it.  If it is to be a criminal justice system we all want it to be it has to be appropriately resourced.”

Note to editors

  1. 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.
  2. The full inspection report can be found here: COVID-19 report March 2021 (1 MB)
  3. The previous inspection report published in June can be found here https://www.justiceinspectorates.gov.uk/hmcpsi/inspections/cps-response-to-covid-19-16-march-to-8-may-2020/
  4. The inspection covers the period of June 2020 to 31 December 2020.
  5. Inspectors carried out interviews in all 14 CPS Areas.