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Crown Prosecution Service

Volume 501: debated on Thursday 26 November 2009

Her Majesty’s Crown Prosecution Service inspectorate assesses the effectiveness of the CPS, and reports on a wide range of operational issues. The Director of Public Prosecutions and the chief executive of the CPS engage in regular area performance reviews with their chief Crown prosecutors, and a series of monitoring and evaluation reports are produced. The CPS performance reports on violence against women and on hate crime are due to be published soon.

Was the Solicitor-General not rather disappointed to read a recent report by Her Majesty’s CPS inspectorate which found that nearly a third of 367 advocacy assessments were rated lacklustre, less than competent or very poor? Has the CPS given her any indication of how it will improve its standards in future?

I do not know how that advocacy compares with other kinds of advocacy. Those ratings apply only to the CPS. They should be compared with those applying to the Bar and to defence lawyers to establish whether they are any less lacklustre. However, I take the hon. Gentleman’s point, and I will keep my eye on the position.

Is the Solicitor-General satisfied that the Crown Prosecution Service—engaging in discussions with the police—can get a grip on the problem of the mistaken use of out-of-court disposals, given the importance of ensuring that the interests of justice and, indeed, the needs of victims are satisfied, and that appropriate measures have been taken?

The right hon. Gentleman has raised an important issue. I am aware of at least one chief Crown prosecutor who has already started to make representations about what he regards as the overuse of fixed penalty notices when he feels prosecutions would be appropriate. We should perhaps also have regard to the overuse of taking offences into consideration. I am confident that the CPS will play a full role in examination of the position.

Does the Solicitor-General not share my concern, which is also shared by the Justice Secretary, that there are too many out-of-court settlements and fixed penalty notices for the crime of shoplifting? I might also ask why the hon. Member for Slough (Fiona Mactaggart) did not support my Bill in the previous Parliament, as it would have benefited her constituency.

I cannot comment on the use of out-of-court settlements in particular cases, but I know that the hon. Lady has been very concerned about this matter for some time. Clearly, systematic shoplifting should be prosecuted, although perhaps the occasional instance should not. I know that the hon. Lady agrees that there needs to be a proper balance. My hon. Friend the Member for Slough (Fiona Mactaggart) has raised a very interesting point that would add gravity to this: the threat of prosecuting systematic shoplifters for the higher-sentence offence of burglary, rather than for theft.