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THE Bar Council has responded to the findings of a report which shows that poor case management by the CPS is having a direct impact on court proceedings.
The report, by Her Majesty’s Crown Prosecution Inspectorate, indicates a range of problems, including the non-recording of a defendant's bail status in 36% of magistrates' and Crown Court cases, and the non-recording of follow-up action in 16% of magistrates' courts files and 35% of Crown Court files. The auditors concluded that the CPS was managing the majority of its case files in an 'unsatisfactory manner'. Sally O'Neill QC, Chairman of the Criminal Bar Association commented on the report, stating:
'The knock-on effect of poor case management is felt in court. If a file is not properly managed and the orders of the court not properly recorded, the preparation of the case can go wrong. The advocate lacks proper instructions for the hearing and delays occur as attempts are made to put the case in order. The Bar Council and the CBA are seeking to work with the CPS to encourage the CPS staff to improve all aspects of case management so that cases are presented to the Court in a well-prepared state.’
Tim Dutton QC, Chairman, Bar Council, expressed concern over the findings of the report, saying that effective casehandling by the CPS was critical to good case preparation: 'The Bar Council wants to support the professional development of barristers working within the CPS, and to do so in partnership with the referral Bar.
It is important that the CPS should manage cases effectively and efficiently making use of the organisation to focus on the preparation of cases and the management of files ensuring that everything is in order before the case comes into court .
To this end, the Government should also make undertaking prosecution work open to the best advocates by keeping to a commitment to providing equality of arms in trials’.
The report, by Her Majesty’s Crown Prosecution Inspectorate, indicates a range of problems, including the non-recording of a defendant's bail status in 36% of magistrates' and Crown Court cases, and the non-recording of follow-up action in 16% of magistrates' courts files and 35% of Crown Court files. The auditors concluded that the CPS was managing the majority of its case files in an 'unsatisfactory manner'. Sally O'Neill QC, Chairman of the Criminal Bar Association commented on the report, stating:
'The knock-on effect of poor case management is felt in court. If a file is not properly managed and the orders of the court not properly recorded, the preparation of the case can go wrong. The advocate lacks proper instructions for the hearing and delays occur as attempts are made to put the case in order. The Bar Council and the CBA are seeking to work with the CPS to encourage the CPS staff to improve all aspects of case management so that cases are presented to the Court in a well-prepared state.’
Tim Dutton QC, Chairman, Bar Council, expressed concern over the findings of the report, saying that effective casehandling by the CPS was critical to good case preparation: 'The Bar Council wants to support the professional development of barristers working within the CPS, and to do so in partnership with the referral Bar.
It is important that the CPS should manage cases effectively and efficiently making use of the organisation to focus on the preparation of cases and the management of files ensuring that everything is in order before the case comes into court .
To this end, the Government should also make undertaking prosecution work open to the best advocates by keeping to a commitment to providing equality of arms in trials’.
THE Bar Council has responded to the findings of a report which shows that poor case management by the CPS is having a direct impact on court proceedings.
Chair of the Bar reports back
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