Introduction

With the strain on the criminal justice system at an unprecedented level, fewer reported crimes are being taken up by the authorities. Recent statistics from England and Wales show a 56% increase in the number of crimes reported to the police from a decade ago, however, the proportion of recorded crimes resulting in criminal charges being brought has decreased, statistics from the Crown Prosecution Service show that there has been 1.1% annual decrease in completed prosecutions historically and in some areas such as fraud there was a marked 15% decrease year on year.

Many people are nervous and unsure about what their position is. Reporting a criminal offence and ensuring that it is taken seriously by the Police and the Crown Prosecution Service can be a daunting process for many members of the public. Many victims and witnesses are unsure of the law, their rights, the procedures involved, and how to effectively present their case to law enforcement. This is where lawyers, particularly barristers specialising in criminal law, play a crucial role in guiding individuals through the legal system.

I have assisted many members of the public in advising them as to how to present their case to the authorities so as to give them the best prospect of success, I also specialise in ensuring that where matters are referred to the prosecution Crown Prosecution Service ("CPS") they are taken up for prosecution, primarily by way of activation of the victim right to review scheme. I found that in recent years this is particularly true in cases of sexual offences and financial crime. Despite guidance to place in the Crown Prosecution Service about how sexual offences should be prosecuted, I have seen there are many examples where the guidance is not adequately followed and authorities need to be reminded of their duties and obligations. In cases of financial crime, the system is at breaking point, and many police forces are far too quick to dismiss allegations of serious financial crime as being a civil matter, thereby pushing the onus of pursuing the offender back on to the victim in the case. I find both of these situations to be totally unacceptable.

In this article I will explore how clients can be assisted in reporting offences, engaging with the police, and ensuring that cases are properly considered for prosecution by the CPS

Reporting Criminal Offences

While anyone can report a crime directly to the police, legal advice can be invaluable in ensuring that the report is clear, comprehensive, and supported by relevant evidence.

With the pressure on the criminal justice system being unprecedented, I have found that in many cases both the Police and Crown Prosecution Service are looking for reasons why cases should not be taken up. Therefore, the challenge is to make sure that any criminal complaint is as watertight as possible and presented in the most favourable way to the authorities to ensure that it is exactly the sort of thing that they would wish to take up. Sadly, many laypersons who lack experience in the criminal justice system are ill equipped to do this and this leads to the suspicion that many worthy criminal complaints are not prosecuted.

I have been able to assist many clients by:

Advising Clients on the Strength of Their Case

Many individuals are unsure whether what they have experienced constitutes a criminal offence. Legal professionals can assess the facts, identify potential offences under the law such as those set out in the Theft Act 1968, the Offences Against the Person Act 1861, the Fraud Act 2006 or the Sexual Offences Act 2003, and advise on the appropriate offences that may have been committed. This will assist the client in focusing the nature of their complaint upon the relevant legal tests that need to be established in order to prove guilt. This is what the authorities will be primarily focusing on when they make a decision as to evidential sufficiency in a case.

Drafting Statements

the taking of statements is the job of the place, and the strength or weakness of the statement from a complainant in a case will form the central platform of a decision as to whether to prosecute. Sadly, it can be the case that the strength of a statement is dependent upon the skill and experience of the police officer who assists the complainant in making the statement. A poorly drafted or vague statement can hinder matters. I can help victims and witnesses prepare clear, factual, and legally relevant submissions to the police by way of draft statements which will ensuring that all pertinent details are included and all relevant prosecutorial tests met. This is also attractive to the police in their decision as to whether to take a case on or not, as it means that a large proportion of the work has been done for them.

Engaging with the Police

In cases where the police are reluctant to take action, legal representatives can advocate on behalf of their clients. This may involve writing to the investigating officers, requesting case reviews under the Victims' Right to Review Scheme, or even initiating judicial review proceedings if there is evidence of an unreasonable failure to investigate.

The Prosecution Process and the Crown Prosecution Service's Role

Once a crime is reported and investigated, a decision on whether to prosecute is taken. For more minor crimes, the police can make a decision as to whether to charge with a criminal offence. However, for more serious crimes then the matter is referred to the Crown Prosecution Service who decide whether to prosecute.

This decision is guided by the Code for Crown Prosecutors, which applies two key tests:

1. The Evidential Test – Is there sufficient evidence for a realistic prospect of conviction?

2. The Public Interest Test – Is prosecution in the public interest?

I have assisted clients in ensuring that their case meets these criteria by helping to gather additional evidence – This may include advising on digital evidence, forensic evidence, expert evidence, CCTV footage, or witness testimony that helps to strengthen the case. I am also used to making Representations to the Police and Crown Prosecution Service where a matter is not taken up for prosecution. If a decision is made not to prosecute, in certain circumstances a victim of a criminal offence can challenge this by making legal representations or seeking a review under the VRR scheme. I have written a detailed guide to the VRR scheme here.

Challenging Police and Crown Prosecution Service Decisions

Not all reports result in prosecution, and legal professionals can help clients challenge decisions through:

• Victim’s right to Review: This has been discussed above.
• Judicial Review – If there is evidence that the police or Crown Prosecution Service have acted unlawfully, irrationally, or unfairly, a judicial review application may be appropriate (see: R v Director of Public Prosecutions, ex parte Manning [2001] QB 330). It should be outlined that historically the courts have been reluctant to interfere with prosecutorial decisions and judicial review proceedings can be lengthy and costly. However, it is an avenue that is potentially available
• Private Prosecution – Under section 6(1) of the Prosecution of Offences Act 1985, individuals can bring a private prosecution. Lawyers can guide clients through this complex process, ensuring compliance with evidential and procedural requirements.

Conclusion

It has never been more difficult to report a criminal offence and ensure that it is taken through to prosecution. Although this is a process that can be undertaken directly from members of the public, in more complex cases and in cases that have a difficult factual background it is sometimes not easy to get complaints taken as seriously as they should be.

Legal assistance can play a critical role in assisting people with reporting criminal offences and ensuring that cases are properly considered for prosecution. Whether by advising on legal definitions, helping draft statements, engaging with the police, or challenging Crown Prosecution Service decisions, legal professionals can assist in ensuring that justice is done. Anyone facing difficulties in reporting a crime should consider may wish to seek expert legal advice to navigate the complexities of the criminal justice system and give their complaint the best prospect of success.

Quentin Hunt is a specialist Criminal Barrister who has over two and a half decades’ experience as a Barrister working in the criminal justice system, he accepts instructions both through solicitors and directly from members of the public. Through his career he has worked closely with both the police and the Crown Prosecution Service and prides himself in knowing what the authorities will be looking for in the taking up of a matter for criminal prosecution. He has assisted many clients in the reporting of matters to the police and is adept in liaisons with the police and Crown Prosecution Service on behalf of his clients, ensuring that their case is put forward properly. If you require assistance in the pursuance of a criminal complaint, you may contact Quentin for a free no obligation discussion about how he may assist in your case.