Criminal justice update and developments

Report: 13
Date: 12 December 2002
By: Commissioner

Summary

Research in other parts of the country suggests that pre-charge advice for investigating officers at the point of charge delivers lower case attrition and, therefore, improved criminal justice performance. The Crown Prosecution Service (CPS) has made it clear that it is in a position to fund some minor building works in police stations to facilitate the accommodation of lawyers at the point of charge.

Should the MPS move to a position where lawyers are housed in all 32 boroughs, then it would seem reasonable to allow the CPS to fund some of the capital costs.

CPS London has successfully bid for £600k from the national CPS capital fund to enable building works to be carried out in premises to facilitate MPS/CPS co-location. An urgent decision on this report is required in order that the MPS can take advantage of this financial position.

A. Recommendation

That the CPS be allowed to fund building works by MPS contractors within BOCUs (under strict conditions) to facilitate the accommodation of their resources in police buildings, in particular work required to support information technology.

B. Supporting information

2. This report does not propose to deal with all of the criminal justice issues currently surfacing. Preliminary discussions with Reshard Auladin (MPA lead for criminal justice matters) has highlighted the need for the urgent submission of a report to deal with the particular issue of CPS funded building works in the MPA estate.

3. CPS London has successfully bid for 600K from the national CPS capital fund. The intention is that this money will assist with minor building works in the MPS estate to facilitate CPS lawyers at the point of charge. To secure this funding it will need to be assigned to building work as soon as possible.

4. The CPS is committed to joint working and is keen to provide professional legal advice at the point of charge. This proposal would improve our joint performance, particularly reducing the discontinuance of cases, an element of criminal justice on which the Government have developed a particular focus.

5. The size of the CPS contingent at a borough charging site is likely to be in the region of 5 or 6 members of staff. This will however, need to be confirmed by the CPS who are independently examining the needs of the 32 London boroughs.

CPS funding of building works in police buildings

6. The CPS is keen to fund minor building works in police buildings to help progress the provision of integrated working. As an example, the CPS wish to fund some minor cabling work in the proposed developments at Colindale and Edmonton, which are already borough based. They have agreed that the work will be carried out at their expense.

7. The proposals arising from this report will involve sharing of MPA accommodation with the CPS. Property Services Department are currently engaged in a debate with the CPS to agree protocols regarding cost sharing and recovery. The debate is at an early stage and the CPS is in the process of identifying their space requirements. It is proposed that the MPS will seek to levy a service charge that will include an element of rent and recovery of administrative costs. It is not however intended to show the rental aspect separately and the amount involved will depend on the CPS’s requirement. It is also proposed that the service charge will include any displacement costs that the MPS incur as a result of MPS staff having to be relocated to enable CPS personnel to be housed at the point of charge. Any occupation agreement will be formally documented, ultimately in a lease agreement.

8. In due course it will be necessary for the MPA to decide:

• whether the CPS should be charged for the use of MPS accommodation and services; and
• who should bear the cost of relocation/adaptation of MPA property beyond the immediate costs, which the CPS has already agreed to fund.

9. In a number of instances it is anticipated that relocation of MPS staff will be necessary to reconfigure borough space.

C. Equality and diversity implications

1. There are no direct equality implications arising from this report.

D. Financial implications

1. There are clearly significant financial implications that flow from the strategy outlined that have not been costed in any detail at this stage. Whilst some contribution are expected to be made by the CPS, the release of accommodation needs to be set in the context of pressures on space arising from the increase in police officer numbers and PCSOs with the associated increases in civil staff numbers. The physical requirements to accommodate the joint working with the CPS would need to be reviewed for each borough and this could involve significant capital and revenue cost implications.

2. At present the capital programme includes £1.1 million in 2002/03 for Glidewell schemes and a further £2.2 million spread over the next three years. There is no additional revenue funding contained in the budget submission for 2003/04 as approved by the MPA to forward to the GLA and the mayor for consideration. A sum of £2.35 million was included in the new initiatives initially submitted to the MPS for consideration; this has been excluded from the submission but could be reviewed if the grant settlement improves from the current forecast. This will not be known until early December, but at present the prospects for extra funds available for this purpose appears unlikely.

3. If the works are considered to be capital, the CPS contribution can be treated as a capital grant. If this were not possible, the MPS could make a contribution from the revenue budget to cover the capital costs, and treat the CPS contribution as revenue income to balance the revenue contribution. If the works are considered to be revenue, the CPS contribution could be treated as revenue income. In any event, the MPS will negotiate costs on a borough-by-borough basis but will not go ahead with work where it would result in a cost being incurred by the MPS. Costs estimated at £600,000 will be fully reimbursable.

4. The 15 co-located units have proved difficult to fund despite a number of bids. The BOCU model is expected to be more affordable and involve considerably less capital expenditure, and can be achieved in the short term.

5. Benefits

• Genuine co-location and co-working in the spirit of the Glidewell report
• Improved criminal justice performance, an area in which the MPA and the Government has taken a keen interest and which is a declared priority.
• Improved case attrition rates.
• Improved victim and witness care.
• Accommodation on boroughs could be made available to CPS staff.
• Improved joint performance
• The CPS could supplement funding for minor works in police buildings.
• The CPS would be able to provide professional legal advice at the point of charge and, therefore, improve case performance.
• Borough based CPS staff could become involved in the local crime and disorder partnerships.

E. Background papers

None.

F. Contact details

Report author: Alan Given

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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