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.
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 —