Blog of the Blogs

CPS: Direct and to the point

I was going to leave it at just the one post for today, but I visited The Thin Blue Line, read about his nasty CPS experiences, and had to write this post.

For the uninitiated, the CPS are the Crown Prosecution Service. If you don't know what they do, either take a guess, or have a look at their official site. One bonus thing that the CPS now do, that changed about 2 years ago is that with most cases, they decide if it goes to court or not. This decision used to be made by the custody sergeant, but because those bad sergeants were sending a lot of guilty people to the courts who had REALLY good excuses which meant they would get off at court, someone decided to save loads of money by putting making the CPS decide what went to court, so they only had to work on the really really easy to prove cases.

What this means to the officer is that if a CPS lawyer should be available to them in between the hours of 9 to 5 - or actually, 10 - 4 (they go home early/come in late) and allowing for a lunch break (about 2 hours is about right). This lawyer can then give you a face to face consultation about your prisoner, in order to say "Let them go, we can't prove it" or "Charge them, but first bail them for a month or two so you can do loads of extra paperwork, just in case they plead not guilty".

However, if you are dealing with a bad prisoner who decided to commit crimes outside office hours, you have to ring up a lawyer on the telephone (CPS direct) for the same advice. The system should then work in exactly the same way. However, after a recent conversation, I have decided that the people on the telephone have decided that they do not like working outside the above office hours, and so have decided to punish the police for arresting people at these unsociable hours. See below a story that happened a while ago:

Cast:
CPS Lawyer Bob - played by himself. The baddie. Boo!
ANM - A non mouse. Played by me. The goodie. Hurray!

(Phone rings)
CPS: CPS Direct, Bob speaking from the north. How can I help.
ANM: I need a pre charge decision on a prisoner for criminal damage please.
CPS: Ok, have you done an MG3? [form explaining the brief case]
ANM: Yes, would you like me to fax it?
CPS: Yes, but not yet. Have you got all statements?
ANM: Yes, no outstanding witnesses. I haven't done my arrest statement, but I didn't see anything, I merely arrested the offender so it will carry nothing of any real evidence. I'll obviously complete it for the court file.
CPS: Hmm. OK, you'll need to complete that before I can help you.
ANM: Seriously, it'll just be an arrest statement. Never knew the guy. He was pointed out to me by a witness who has been statemented. Arrested him. No reply after caution.
CPS: (Sighs) I'll need it before I give you advice. Let me just check everything else first. Any CCTV?
ANM: Yes. I've viewed it, copied it and produced some stills which I can also fax to you.
CPS: Ok ok. Do you have the offenders previous convictions?
ANM: Yes.
CPS: Is he cautionable?
ANM: No.
CPS: Does your custody sergeant think there are grounds to charge?
ANM: Yes.
CPS: Any reasons to deny the offender bail?
ANM: Yes. He's a persistent young offender, who has previous for offending on bail and failing to appear at court.
CPS: Ok. Have you done a ROTI?

CPS is basically asking me here whether I have sat down for around 2 hours with a tape of a half hour interview, typing all the important bits out so that he can see what was said

ANM: No I haven't - it was a no comment interview to every question.
CPS: Thats it. I'm fed up with police officers calling me when you haven't completed everything first. I'm not going any further. Call me back on this number WHEN you have everything correctly. Passes number
ANM: Erm... I haven't actually told you what the offence is yet...
CPS: (really ranting now) It doesn't matter! I'm not doing anything until you have completed your statement and your record of taped interview. Call me back when you've done your job.
ANM: But its a criminal damage where a known offender has been caught on very good quality CCTV, from two different angles and sources, writing on a phone box with a marker pen. Theres also two witnesses who know and observed the offender, the statement from BT complaining. The offender had the marker pen in his pocket when he was arrested. He's signed HIS name on the damn graffiti. He's gone 'No comment' simply because he always does, and hes already told me over a coffee that he'll be pleading guilty at court as its a 'nothing offence' which he won't get much for. I've put all this on the MG3. Are you seriously saying you still want a roti for this job?
CPS: Yes. I don’t care what the circumstances of the offence are, thats not the point.
ANM: Surely it should be the major point.
CPS: Its not. Call me when you've done it properly.

CPS hangs up the phone on me.

The story has a happy ending, as I called up again, managed to get a different lawyer who was much more cheerful, and happily authorised the charge and remand of my prisoner, with just a quick overnight file. He plead guilty, got some fine or community sentence (I never bothered checking), and I never heard from anyone about the case again.

posted by A non mouse