An inspection of the effectiveness of Crown Prosecution Service policy and guidance for the handling of cases involving the National Referral Mechanism (587 kB)

HM Crown Prosecution Service Inspectorate has found that CPS’s guidance on county lines and modern slavery casework provides value to prosecutors, with some improvements required to further strengthen advice and protect victims.

HMCPSI has today (25 July 2023) published a report into CPS county lines and modern slavery policy and guidance documents following a rigorous inspection.

The prosecuting inspectorate has found that CPS has spent considerable time and effort – working with other criminal justice partners – to build robust guidance and policy documents for county lines and modern slavery casework received through the National Referral Mechanism (NRM).

Inspectors found that CPS policy and guidance has kept abreast of updates and developments. Sections on the four-stage approach to applying the Code for Crown Prosecutors where the suspect may have been a victim of slavery or trafficking has been commended by inspectors, recognising that the guidance has been endorsed by the Court of Appeal in several leading judgments.

Training delivered by CPS on county lines and the section 45 defence was commended by inspectors, and the report welcomed the positive commitment made by CPS Areas visited to develop prosecutors’ understanding on county lines and modern slavery.

However, referrals for NRM determinations have increased by 60% between 2020 and 2022 and more could be done to further strengthen the guidance.

Sarah Lloyd, Lead Inspector for HMCPSI, said:

“County lines and modern slavery case referrals have been increasing at a rapid rate over the past few years and this is a complex area of law for prosecutors.

“It was clear from our inspection that CPS have put a lot of time and effort into producing rigorous guidance.

“However, we’re also recommending improvements to make sure prosecutors are protecting and securing justice for the victims of the illegal and pernicious county lines drugs trade.”

Inspectors have made several recommendations for CPS to improve their guidance and policy documents, including:

• Removal of outdated and inaccurate content from their internal site.
• Including a link to the guidance on the section 45 defence and the non-punishment principles in the Children as suspects guidance, thereby ensuring that operational support is available across all casework types.
• Revising, restructuring and retitling current guidance to make it more accessible to staff dealing with cases in the magistrates’ and youth court.
• Developing a system of assurance that can prove that CPS Areas are taking a consistent approach in the prosecution of cases involving the section 45 defence and the application of the non-punishment principles.