The CPS has failed to implement best practices around custody time limit case management, says HMCPSI in a report published today.

In December 2021, HMCPSI conducted an inspection of the CPS’s handling of custody time limits during the pandemic.

HMCPSI made three recommendations, urging the CPS to implement better use of case progression logs, internal monitoring systems, and template hearing record sheets.

In today’s report, inspectors have found that the CPS opened case progression logs on custody time limits in 90% of cases – an improvement from 82.5% of cases in 2021.

However, inspectors also found only 15% of case progression logs were fully completed compared to 40% in the December 2021 report and only 35% of cases saw the CPS record details of the action taken at the 28-day review on their case management systems.

Inspectors concluded that two of the recommendations made in the 2021 inspection report have not been fully embedded into the CPS processes, which is a cause for concern.

The Chief Inspector, Andrew Cayley CMG KC, said:

“During the pandemic, the effective management of cases with custody time limits was a critical issue for the administration of justice.  Our criminal justice system had to achieve a difficult balance between unavoidable reductions in court business against defendants awaiting trial being subjected to lengthy remand periods.

“Our initial inspection found that CPS treat cases with custody time limits as a priority. There were some aspects of this work that we identified the CPS did well. But we made three recommendations to encourage the CPS to make improvements in their systems to support the handling of custody time limits.

“Despite assurances that our recommendation had been implemented, inspectors found that the CPS had failed to fully address two of our recommendations. This is disappointing.

“Ensuring cases that involve those in custody who are awaiting trial are managed properly is essential if the public and victims are to be protected. As the number of cases with custody time limits continue to grow, it is extremely important that these cases are progressed in accordance with the law. That is why I am calling on the new DPP, Stephen Parkinson, to immediately review my inspectors’ latest findings and implement our recommendations as soon as possible.”

The number of cases where a defendant is in custody and subject to custody time limits has been increasing since mid-2022 and now stands at more than 10,000 cases, an increase of 2,689 cases compared to the pre pandemic level.

To make sure custody time limit cases are monitored and progressed efficiently, HMCPSI is recommending that by 31 December 2023, CPS embed throughout the organisation a better culture of consistently using and updating custody time limit progression logs, including recording the weekly assurance review on the case management system in all cases.

And by 31 March 2024, CPS should develop a system of assurance to demonstrate improvement and monitor compliance with custody time limit policies.

HMCPSI will be reviewing this issue again after March 2024.