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Crown Prosecution Service: Witnesses

Volume 487: debated on Tuesday 10 February 2009

To ask the Solicitor-General how many Crown Prosecution Service prosecutions have been discontinued as a result of prosecution witnesses being unwilling to give evidence in each of the last three years; and if she will make a statement. (255563)

The following table shows the number of defendants whose case was dropped by the Crown Prosecution Service (CPS) before evidence was heard in magistrates and Crown courts in each of the last three years. The reasons for these decisions are divided into evidential reasons, public interest reasons, cases that were unable to proceed, and other reasons. Further explanation of each division is illustrated, including cases that were dropped because a victim or witness refused to give evidence.

The table also shows the number and proportion of defendants whose case resulted in a conviction.

The number of cases that were dropped because a victim refused to give evidence fell from a total of 8,785 in 2006 to 5,991 in 2008 or, in proportional terms, from 0.8 per cent. of completed cases to 0.6 per cent. The number of cases dropped because other witnesses refused to give evidence fell over the same period from 1,097 (0.1 per cent. of completed cases) to 725 (0.1 per cent.). These improvements illustrate the growing success of a number of initiatives which aim to provide vulnerable and intimidated victims and witnesses with more effective support. These include special measures allowing evidence to be given, for example, from behind screens or via live video links. The Code of Practice for Victims of Crime (the Victims’ Code) sets out the standards of service which victims can expect of the Criminal Justice System. These commitments are reinforced by the CPS Public Policy Statement on the Delivery of Services to Victims (the Prosecutors’ Pledge), launched by the Attorney-General in October 2005, which sets out the level of service that victims can expect of prosecutors. Police and CPS Witness Care Units (WCU) now provide an enhanced level of service to victims and witnesses in cases where charges have been brought, and procedures have been put in place to measure and respond to witness satisfaction through the Witness and Victim Experience Survey.

Victims and witnesses remain a core priority for the CPS for the years ahead.

Crown Prosecution Service prosecutions dropped

2006

2007

2008

Vol.

Percentage

Vol.

Percentage

Vol.

Percentage

E10

Key witness does not support case

1,841

0.2

1,859

0.2

1,637

0.2

E11

Unreliable/lack of identification

5,962

0.5

4,951

0.5

4,005

0.4

E1

Inadmissible evidence—Breach of PACE

189

0.0

228

0.0

186

0.0

E2

Inadmissible evidence—other than Breach of PACE

422

0.0

336

0.0

262

0.0

E3

Unreliable confession

75

0.0

81

0.0

79

0.0

E4

Conflict of evidence

7,322

0.7

7,487

0.7

7,521

0.7

E5

Essential medical evidence missing

279

0.0

195

0.0

153

0.0

E6

Essential forensic evidence missing

952

0.1

949

0.1

972

0.1

E7

Essential legal element missing

31,224

2.8

26,947

2.5

23,729

2.3

E8

Unreliable witness or witnesses

3,862

0.4

3,482

0.3

3,031

0.3

E9

Key victim does not support case

6,797

0.6

7,026

0.7

6,383

0.6

Evidential reasons

58,925

5.4

53,541

5.0

47,958

4.6

P12

Effect on victim’s physical or mental health

473

0.0

441

0.0

369

0.0

P13

Suspect/Defendant elderly or in significant ill health

1,647

0.1

1,628

0.2

1,485

0.1

P14

Loss or harm minor and single incident

845

0.1

922

0.1

740

0.1

P15

Loss or harm put right

1,345

0.1

1,278

0.1

1,030

0.1

P16

Long delay between offence/charge or trial

3,292

0.3

2,647

0.2

2,015

0.2

P17

Very small or nominal penalty

3,744

0.3

3,209

0.3

2,478

0.2

P18

Other indictment/sentence

8,652

0.8

8,760

0.8

7,034

0.7

P19

Informer or other public interest immunity issues

1,107

0.1

929

0.1

745

0.1

P20

Caution more suitable

4,865

0.4

4,703

0.4

3,667

0.4

P21

Youth of offender

305

0.0

342

0.0

238

0.0

P22

Conditional Caution more suitable

0

0.0

42

0.0

407

0.0

P36

Inappropriate to compel victim

393

0.0

630

0.1

474

0.0

P37

Inappropriate to compel witness

165

0.0

212

0.0

201

0.0

Public interest reasons

26,833

2.4

25,743

2.4

20,883

2.0

U22

File not received from police—adjournment refused

1,252

0.1

1,182

0.1

1,133

0.1

U23

CPS not ready—adjournment refused

995

0.1

917

0.1

706

0.1

U24

Offence taken into consideration

420

0.0

401

0.0

324

0.0

U25

Victim refuses to give evidence or retracts

8,785

0.8

7,717

0.7

5,991

0.6

U26

Other witness refuses to give evidence or retracts

1,097

0.1

956

0.1

725

0.1

U27

Victim fails to attend unexpectedly

5,202

0.5

6,075

0.6

5,260

0.5

U28

Other civilian witness fails to attend unexpectedly

1,827

0.2

1,771

0.2

1,346

0.1

U29

Police witness fails to attend unexpectedly

1,349

0.1

1,157

0.1

909

0.1

U30

Victim intimidation

10

0.0

9

0.0

3

0.0

U31

Other civilian witness intimidation

15

0.0

9

0.0

5

0.0

U32

Documents produced at court

5,934

0.5

4,728

0.4

3,779

0.4

Unable to proceed

26,886

2.4

24,922

2.3

20,181

1.9

033

Bind over acceptable

9,207

0.8

6,431

0.6

4,240

0.4

034

Acquittal after trial

522

0.0

468

0.0

386

0.0

035

Other

2,728

0.2

1,451

0.1

1,174

0.1

Other reasons

12,457

1.1

8,350

0.8

5,800

0.6

Total prosecutions dropped

125,101

11.4

112,556

10.5

94,822

9.1

Total unsuccessful outcomes

185,801

16.9

164,410

15.3

140,518

13.5

Total convictions

914,063

83.1

907,907

84.7

900,836

86.5

Total prosecutions

1,099,864

1,072,317

1,041,354