This is a blog from a solicitor who works doing purely criminal defence work. I often find myself in utter amazement or red faced with anger working at Police Stations, Magistrates Courts, Crown Courts and even my office. You will find me ranting and raving in this blog about anything and everything that gets up my nose.
I have been a CPS prosecutor for a few years, and i have worked in 4 different CPS offices (both London and in the regions), and I can say hand on heart it has reduced any passion i had left for criminal law.
I joined the CPS with the attitude of continuing my PQE and being a conscientious worker doing a "good job"; but as time has gone on and i am given "bad tools" to work with, my enthusiam for my work has dwindled. Everyday i am in a position where i am having to explain someone else's incompetencies, deal with overloaded trial lists, lack of prep time (even though i regularly take work home and come in early morning as private practise lawyers do but with 5 trials listed for the day which means seeing 5 sets of witnesses - all before 9:30am), no witnesses warned, no CCTV, no evidence full stop! The Defence have a great time in my local court taking advantage of the prosecutors lack of preparation - and they're successful most of the times!
Last week i made the decision to consider an alternative practise area of law as i have no mortgage and i have no family/children, so i can take a pay cut and start at the bottom again.
I believe that many civil service departments DO attract folk from private practise and offer them varied, stimulating, and rewarding work. I have worked as a government lawyer for the GLS also, and can confidently say there's a world of difference between GLS lawyers and CPS lawyers (GLS even pay you shed more!) in terms of attitude and competency. I left the GLS as i wanted to do advocacy and it was unsustainable to do that at the junior criminal bar where the pay was dire.
Overall i found the guardian article well written and accurate. Unfortunately Civil Servants are bound by the Official Secrets Act so we cant "come out" and tell it as it really is.
I don't think the Official Secrets Act prevents a public sector employee from whistle blowing on poor performance provided that no state secrets are released as part of the whistle blowing.
I disagree - i've been reprimanded by senior managers for frikin speaking on bbc radio 5 live in their call in's to say "oh dont slate the CPS for not communicating with victims...we DO write letters within 24 hours to victims when a case is either discontinued, charges altered, etc". So i wouldnt take a chance on speaking about the PISS POOR performance of the CPS when speaking about its positive aspects (rare ones that is) gets me into trouble.
Very insightful comments from Anonymous. Your frustration with the CPS is clear and it is very possible that others feel the same, but don't feel they can speak out.
I dont know how females with young children do it - rocking up at court with several trials that one has had no time to prepare, meeting victims/witnesses of all your trials, discussions with defence solicitors, photocopying / editing ROTI's and statements, dealing with queries, clerks etc - all before 09:30.
And to top it off, most courts are now not just double listing trials but treble listing. They are closing as many court rooms as possible as HMCS do their best to not have as many legal advisors.
Well, prosecuting under the CPS is a modern right, prosecuting privately is an ancient right. Help help!!!!!!!! I STILL need a pro bono lawyer to start the second private prosecute for rape in English legal history. I have drunk so much coffee with politicians for one year talking about rape law all the time and this got me to the Bar Pro Bono Unit who rejected me for exceeding the 3-day limit by shedloads shedloads. My case has similarities and differences from the 2006 Harvinder Singh Jheeta rape case. One difference is that I am far more difficult to deceive than Jheeta's victim ever was. Subcategory rape by fraud, Sections 74 & 76 Sexual Offences Act (2003). There's a qualified partner-lawyer who believes I have a case (from preliminary advice) and a Professor-QC who also hopes I get hold of a pro bono lawyer. I have loads of human witnesses and loads of evidence on paper. How about I just go and prosecute without a lawyer? But it looks like that can make me bankrupt. I have written to every Professor of Legal history in the country, I am soooooo exhausted, rape by fraud/ procuring women by false pretenses was outlawed in the year of 1885 that's 125 years ago, and nobody has bothered enforcing this law. Where will the angel of 125 years of legal history and grief come from? email me, progressfrom124yrsago@googlemail.com
Gordon Brown! Gordon Brown! Will you be my angel? Guardian angel is what I meant Will you rescue my soul?
For you are in charge Of these people I wrote to Stephen Timms, Jack Straw Let me place my trust in you
Gordon Brown! MP’s! Let me sing out loud For what you do, for my country For my reproductive system
You right wrongs! My right’s been wronged I am desperate for you Not just you! There’s Jon Herring I’m a violated woman
Gordon Brown, help me sleep! Help me sleep like a baby Will my babies ever come out? Maternal desires! I lost my womanhood In a sinister curse Gordon Brown! Bring it back! You are perfect for that!
So the paper says the CPS is difficult and.... well... private prosecution for rape in England... that's... in 125 years of history that's grief grief grief grief grief grief grief why didn't anyone sort out the legal system at ANY point in the PAST 125 years for me, grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief
A Police colleague was attacked by three males while trying to arrest one for criminal damage. His injuries were sufficient to put him off work for several weeks. The three offenders were arrested and charged with GBH with intent. Following a meeting between CPS and the (three different defence briefs - all on legal aid), the charges were reduced to 2 cases of ABH and one of re3siting arrest (it was later discovered that the three would plead not guilty to GBH but guilty to the three lesser charges -0 with mitigating circumstances. This was accepted by the court and all three were either given suspended sentences or community service (which they never did). Theu were also directed to pay the victim several hundreds of pounds in compensation (which they never paid). At the end of the day, the CPS were happy as they were able to tick the boxes that they got a conviction; the defence briefs were happy as they managed lesser charges for the clients; the offenders were happy as they more or less got away with beating up a copper. In short evryone was happy, except that is, the beaten, demoralised, police officer was was left with continuing pain in limbs and a conviction that there is no real jstice in this country at all. No wqonder CPS is known as the 'Criminal Protection Society'. Plodnomore
Whilst what you say is certainly true, this is surely down to a lack of funding from central government? With more investment some of these shortcomings could be overcome?
private prosecution even more difficult- for rape by fraud! To be honest I think I would be happy with a suspended sentence and a fine that's never paid so long as there is a criminal conviction. And I have been severely traumatised. But perhaps I should abandon my case altogether as a rape victim and think about the time when I'll be 40 years old- a long time later, when I will hopefully have 20,000 pounds of spare cash/ 25,000 pounds spare, to donate to yet another female victim of rape by fraud s. 74 76 Sexual Offences Act (2003), so that she can prosecute.
It is then the vital to get to know injury solicitors to help of us through the process when making compensation claims for the an injury. Solicitors are lawyers who can traditionally deal with any legal matter apart from conducting proceedings for that the court.
Sounds like the CPS can have as many complaints aimed at it as the NHS. These large national organisations always seem to suffer from lack of sufficient funding and too much red tape. Needs a large scale review I think! John Legal Recruitment Agency Manchester
It's good to get information about the cps from someone who has actually experienced it. I've heard negative things about the cps before but there not normally as substantiated as this.
I have a lot of admiration when I see posts by other people who are definitely more of an expert as compared with me on this topic. The audience might think it looks effortless, but there is so much going on behind the scenes. Your work is a result of study and knowledge on your side and you were considerate enough to share these with people like me. Many thanks.
I am absolutely gobsmacked at the amount of work you do on your clients behalf! I am a defendant of quite serious criminal charges, and my solicitor does nothing apart from arrange my interview with counsel! That's it! Any questions I need answering or any legal advice...I need to wait for my sentencing date to ask counsel at court! I guess some solicitors actually do some real work!
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54 comments:
I have been a CPS prosecutor for a few years, and i have worked in 4 different CPS offices (both London and in the regions), and I can say hand on heart it has reduced any passion i had left for criminal law.
I joined the CPS with the attitude of continuing my PQE and being a conscientious worker doing a "good job"; but as time has gone on and i am given "bad tools" to work with, my enthusiam for my work has dwindled. Everyday i am in a position where i am having to explain someone else's incompetencies, deal with overloaded trial lists, lack of prep time (even though i regularly take work home and come in early morning as private practise lawyers do but with 5 trials listed for the day which means seeing 5 sets of witnesses - all before 9:30am), no witnesses warned, no CCTV, no evidence full stop! The Defence have a great time in my local court taking advantage of the prosecutors lack of preparation - and they're successful most of the times!
Last week i made the decision to consider an alternative practise area of law as i have no mortgage and i have no family/children, so i can take a pay cut and start at the bottom again.
I believe that many civil service departments DO attract folk from private practise and offer them varied, stimulating, and rewarding work. I have worked as a government lawyer for the GLS also, and can confidently say there's a world of difference between GLS lawyers and CPS lawyers (GLS even pay you shed more!) in terms of attitude and competency. I left the GLS as i wanted to do advocacy and it was unsustainable to do that at the junior criminal bar where the pay was dire.
Overall i found the guardian article well written and accurate. Unfortunately Civil Servants are bound by the Official Secrets Act so we cant "come out" and tell it as it really is.
I don't think the Official Secrets Act prevents a public sector employee from whistle blowing on poor performance provided that no state secrets are released as part of the whistle blowing.
I disagree - i've been reprimanded by senior managers for frikin speaking on bbc radio 5 live in their call in's to say "oh dont slate the CPS for not communicating with victims...we DO write letters within 24 hours to victims when a case is either discontinued, charges altered, etc". So i wouldnt take a chance on speaking about the PISS POOR performance of the CPS when speaking about its positive aspects (rare ones that is) gets me into trouble.
Very insightful comments from Anonymous. Your frustration with the CPS is clear and it is very possible that others feel the same, but don't feel they can speak out.
Its just dire Huddersfield Solicitor.
I dont know how females with young children do it - rocking up at court with several trials that one has had no time to prepare, meeting victims/witnesses of all your trials, discussions with defence solicitors, photocopying / editing ROTI's and statements, dealing with queries, clerks etc - all before 09:30.
And to top it off, most courts are now not just double listing trials but treble listing. They are closing as many court rooms as possible as HMCS do their best to not have as many legal advisors.
I also feel frustrated by the CPS.
I agree the CPS certainly have some shortcomings in certain areas.
The CPS has come under a lot of fire recently. Perhaps a reform is needed now?
Well, prosecuting under the CPS is a modern right, prosecuting privately is an ancient right. Help help!!!!!!!! I STILL need a pro bono lawyer to start the second private prosecute for rape in English legal history. I have drunk so much coffee with politicians for one year talking about rape law all the time and this got me to the Bar Pro Bono Unit who rejected me for exceeding the 3-day limit by shedloads shedloads. My case has similarities and differences from the 2006 Harvinder Singh Jheeta rape case. One difference is that I am far more difficult to deceive than Jheeta's victim ever was. Subcategory rape by fraud, Sections 74 & 76 Sexual Offences Act (2003). There's a qualified partner-lawyer who believes I have a case (from preliminary advice) and a Professor-QC who also hopes I get hold of a pro bono lawyer. I have loads of human witnesses and loads of evidence on paper. How about I just go and prosecute without a lawyer? But it looks like that can make me bankrupt. I have written to every Professor of Legal history in the country, I am soooooo exhausted, rape by fraud/ procuring women by false pretenses was outlawed in the year of 1885 that's 125 years ago, and nobody has bothered enforcing this law. Where will the angel of 125 years of legal history and grief come from? email me, progressfrom124yrsago@googlemail.com
This is the song 'Gordon Brown be my Angel', about rape
GORDON BROWN BE MY ANGEL
http://www.youtube.com/watch?v=DCEWhEuhRoo (lyrics annotated)
http://www.youtube.com/watch?v=znUtocdwnYw (BETTER SOUND QUALITY)
Brahms Lullaby
Gordon Brown! Gordon Brown!
Will you be my angel?
Guardian angel is what I meant
Will you rescue my soul?
For you are in charge
Of these people I wrote to
Stephen Timms, Jack Straw
Let me place my trust in you
Gordon Brown! MP’s!
Let me sing out loud
For what you do, for my country
For my reproductive system
You right wrongs! My right’s been wronged
I am desperate for you
Not just you! There’s Jon Herring
I’m a violated woman
Gordon Brown, help me sleep!
Help me sleep like a baby
Will my babies ever come out?
Maternal desires!
I lost my womanhood
In a sinister curse
Gordon Brown! Bring it back!
You are perfect for that!
So the paper says the CPS is difficult and.... well... private prosecution for rape in England... that's... in 125 years of history that's grief grief grief grief grief grief grief why didn't anyone sort out the legal system at ANY point in the PAST 125 years for me, grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief grief
A Police colleague was attacked by three males while trying to arrest one for criminal damage. His injuries were sufficient to put him off work for several weeks. The three offenders were arrested and charged with GBH with intent. Following a meeting between CPS and the (three different defence briefs - all on legal aid), the charges were reduced to 2 cases of ABH and one of re3siting arrest (it was later discovered that the three would plead not guilty to GBH but guilty to the three lesser charges -0 with mitigating circumstances. This was accepted by the court and all three were either given suspended sentences or community service (which they never did). Theu were also directed to pay the victim several hundreds of pounds in compensation (which they never paid). At the end of the day, the CPS were happy as they were able to tick the boxes that they got a conviction; the defence briefs were happy as they managed lesser charges for the clients; the offenders were happy as they more or less got away with beating up a copper. In short evryone was happy, except that is, the beaten, demoralised, police officer was was left with continuing pain in limbs and a conviction that there is no real jstice in this country at all. No wqonder CPS is known as the 'Criminal Protection Society'.
Plodnomore
Whilst what you say is certainly true, this is surely down to a lack of funding from central government? With more investment some of these shortcomings could be overcome?
private prosecution even more difficult- for rape by fraud! To be honest I think I would be happy with a suspended sentence and a fine that's never paid so long as there is a criminal conviction. And I have been severely traumatised. But perhaps I should abandon my case altogether as a rape victim and think about the time when I'll be 40 years old- a long time later, when I will hopefully have 20,000 pounds of spare cash/ 25,000 pounds spare, to donate to yet another female victim of rape by fraud s. 74 76 Sexual Offences Act (2003), so that she can prosecute.
Reform of the CPS is needed fast to secure justice. Maybe the government need to throw a bit more money its way..
It is then the vital to get to know injury solicitors to help of us through the process when making compensation claims for the an injury. Solicitors are lawyers who can traditionally deal with any legal matter apart from conducting proceedings for that the court.
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Sounds like the CPS can have as many complaints aimed at it as the NHS. These large national organisations always seem to suffer from lack of sufficient funding and too much red tape. Needs a large scale review I think!
John
Legal Recruitment Agency Manchester
Sorry guys, I didn't mean to hijack your discussions. What you guys are saying here is important, of course, about the CPS. Good luck;
very strange articl for me.I never read about CPS before
It's good to get information about the cps from someone who has actually experienced it. I've heard negative things about the cps before but there not normally as substantiated as this.
Solicitors In Lancaster
How come you have stopped blogging?
I have a lot of admiration when I see posts by other people who are definitely more of an expert as compared with me on this topic. The audience might think it looks effortless, but there is so much going on behind the scenes. Your work is a result of study and knowledge on your side and you were considerate enough to share these with people like me. Many thanks.
I am absolutely gobsmacked at the amount of work you do on your clients behalf! I am a defendant of quite serious criminal charges, and my solicitor does nothing apart from arrange my interview with counsel! That's it! Any questions I need answering or any legal advice...I need to wait for my sentencing date to ask counsel at court!
I guess some solicitors actually do some real work!
Your referred post has made things pretty clear that it's a system made for criminal and by the same creed.
Your tips are extremely valuable. I agree with most of what you are saying here. I wanted to thank you for this excellent read!! I definitely loved every little bit of it.
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I agree with many of the comments above. This really is a problem.
I totally agree with the comments on this board. Thank you for sharing your views.
Good blog post. I have to strongly agree with most of what you say.
This is a very interesting discussion and one of the few sites where you can find this sort of thing which is not US focusedl
Because they are over worked, under paid and the quality of prosecutors are poor.
Incompetence is getting worse with the job cuts and low morale.
Papers arriving weeks late and PCMHs being delayed.
Files not being brought to court.
No response to letters.
etc etc
P.S we need some new entries on this blog. Theres a plenty ongoing at the moment.
Do you really think the law system works to the benifit of the customer?
That's the problem with being a civil servant
I agree with some of your readers and will eagerly look forward to your coming updates.
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Asalam-O-Alaiakum! How are you all? Well, I must say that the services were really good, but the guidance was not as great as it should be. We had some issue in Makkah, when we were doing Tawaf, due to the misguidance of the staff members, although the other things were really good.
Hajj Travel
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