Sir, Considering the test Crown Prosecution Service prosecutors have to apply when deciding whether a charge should be brought — simply that a jury is more likely than not to convict — an 82 per cent national conviction rate (report and leading article, Nov 23) is satisfactory. We are improving our performance through initiatives such as the charging programme, which puts lawyers in police stations to advise on the right charge at an early stage. Early results show this has achieved a reduction of 69 per cent in discontinuances, an increase of 23 per cent in offences brought to justice and efficiency savings of £63 million a year.

You give a figure of 41,000 cases discontinued, but this has to be put in the context of the 1.3 million cases the CPS prosecutes each year. Discontinuances are often due to witnesses failing to attend, and we are tackling this through our new witness care units. Latest figures show magistrates’ court cases which were ineffective due to witness issues fell by 14.5 per cent and Crown Court cases by almost 22 per cent.

The CPS was not reluctant to provide data on prosecutions, as you suggest, but swiftly gave the information to the journalist concerned. As you say, I am absolutely committed to running an open and accountable public prosecuting authority.

KEN MACDONALD, QC
London EC4

Sir, You repeat the common misunderstanding that it is the CPS’s job to secure convictions in prosecutions it brings. That is not its task. It is the job of the CPS to bring criminal proceedings where it considers them to be appropriate. It is then for the court to decide whether the charge has been proved. As has been said, the CPS secures no victories and sustains no defeats.

ROBERT RHODES
Outer Temple Chambers
London WC2

Sir, Your article on conviction rates appears to have an element of “shoot the messenger” about it. The CPS, like defence lawyers, has to conduct cases on the basis of the evidence collected. The effectiveness of CPS areas is therefore likely to vary in accordance with the thoroughness of constabularies’ investigations. There is, for instance, noticeable variation between constabularies in the extent and effectiveness of their use of forensic expert examinations. Forms of forensic examination which could make marginal cases more clear cut or compelling are not always employed, and it would be naive to assume that budget considerations did not play a part.

DR DUNCAN WOODS
Registered Forensic
Practitioner, Durham

Sir, There should be no surprise that the CPS achieves a conviction rate of 82 per cent. It has remained at roughly that level for many years. What is troubling is the disparity in that rate between CPS areas.

To blame is poor staff morale in some areas, brought about by a top-heavy and paper-obsessed administrative structure, repeated new initiatives of dubious relevance, indifferent and sometimes irrelevant training and an over-concern with political correctness.

However, a larger problem is appearing on the horizon for the DPP with the reduction in the number of police forces. This will mean an identical reduction in CPS areas, involving yet another management restructuring. The administrators will be rubbing their hands with glee, but whether staff who will have to re-apply for their own jobs do likewise is another matter.

The DPP should realise that this will mean, as it did between 1992 and 1999, when a smiliar system was tried before, that the poorly performing areas will simply drag down the good ones.

JOHN EDWARDS
former Branch Crown Prosecutor,
CPS Chester, Heswall, Wirral

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