Failed criminal cases cost the public purse £25 million in the past year

 
Concerns: 109 of the 139 protesters who occupied Fortnum & Mason were not prosecuted in a bid not to “criminalise” them
Paul Cheston18 December 2012

A tenth of all criminal cases — more than 88,000 potential trials — collapsed last year at a cost of £25 million to the taxpayer, figures reveal.

A report published today by the Policy Exchange think tank said the failure rate in 2011/12 supports calls for a shake-up of the CPS.

The CPS’s annual budget amounts to more than £500 million, yet it is handling the smallest number of cases in the past 10 years. Prosecutors won convictions in 63 per cent of magistrates’ court case trials and 55 per cent of crown court cases.

Last year a third of failed trials in England and Wales were caused by the prosecution failing to offer evidence or to be ready, or by a Crown witness being absent. There was general dismay last year when the CPS decided not to prosecute 109 of the 139 suspects who broke into Fortnum & Mason during the student protests because the CPS did not want to “criminalise” the young suspects.

The report recommends allowing the police to prosecute some low-level cases in magistrates’ courts.

It also suggests a revised public interest test to reflect the public’s view of when a prosecution should be dropped, and says the police should be allowed to appeal to a judge or panel of magistrates if they think the CPS should not have dropped a case.

Report author Karen Sosa said: “The CPS has made great strides over the last 15 years but it must continue to improve in order to ensure that the public is served by a competent and effective prosecution service.”

The Director of Public Prosecutions Keir Starmer claimed the report had “misunderstood” the way the CPS worked and contained “a number of unfortunate inaccuracies”.

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