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In many significant ways the achievements of CPSSussex this year have been very positive. I am grateful forthe dedication and commitment of staff throughout theArea for their individual roles in bringing about the vari-ous successes we have enjoyed.

Throughout the year, performance against targets hasimproved, and in the final quarter of the business yearSussex was one of only three Areas out of the total 42 toachieve all six of its targets set for specific aspects of per-formance. In some of these aspects this reflected signifi-cant improvement on past performance. The figures show that, as we are increasingly getting thecharge right with the right evidence available, an increas-ing number of defendants are pleading guilty and we aredropping fewer cases. Some of the other 42 Areas havemore stringent targets set and targets for Sussex willundoubtedly be made more challenging in the future, aswe have shown this year that we can deliver and arecapable of raising our performance levels.

We are getting more offenders convicted of moreoffences. We ended the year 9.3 per cent above ourtarget for this, which means that the effort we are puttinginto our casework is bringing in the results and gettingguilty people convicted at a greater rate than was expected of us.

Sussex again achieved the target in relation to persistentyoung offenders (PYOs). Although the nationally set target of no more than 71 days between arrest of thePYO and finalisation of the case has been a real challenge, Sussex ended the year with an average time of68 days. The purpose of this target is to get those youthswho persist in committing crime dealt with quickly andefficiently, so that they are deflected from progressing intheir criminal careers, and our performance in respect ofthis is crucial to public confidence in the criminal justiceagencies.

Effective Trial Management/Reducing ineffective trials

One of the major pieces of work the criminal justiceagencies have undertaken this year is in reducing thenumber of trials that do not take place on the day theyare listed. Performance in relation to ineffective trials inthe magistrates’ courts has in effect been turned aroundover the course of the year. In the targeted period 20.1%of trials were ineffective, against a target of 24% and

against performance in the same period the previous year of 35.2%. The Crown Court achieved performance of15.5% against a target of 17%.

The considerable improvement in the magistrates’ courtshas been one of the most significant successes for Sussexthis year. It demonstrates what can be achieved quickly ifthere is inter-agency cooperation and the will to getsomething done. This is one area of work in which CPS Sussex has playedits full part in the Sussex Criminal Justice Board and its

CPS Sussex

INTRODUCTION by the Chief Crown Prosecutor

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Sarah JaneGallagher, ChiefCrown Prosecutor,CPS Sussex.

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sub-groups. An Effective Trial Management Project Teamwas set up in August to address how better we couldmanage cases going through the criminal courts. Theparticipation of staff from all the agencies in the work ofthis team, which has benefited also from including representatives from Defence Solicitors’ firms, and thededication of Case Progression Officers in all the agencies have shown what can be achieved in a veryshort space of time.

No Witness, No Justice

It is obvious that contested cases can only result in convictions if witnesses are prepared to come to courtand give evidence. Too often in the past, the criminal justice system has failed to consider adequately theneeds of victims and witnesses. This was recognisednationally and money was made available for the cre-ation of Witness Care Units specifically to address this.A national target was set jointly with the police for allAreas to have one Witness Care Unit in place by March2005, and all Units in place across the Area byDecember 2005.Sussex had all its Witness Care Units in place across thecounty by the end of December 2004, staffed mainly bypolice personnel, but with a CPS Victim and WitnessCoordinator working alongside the police in the BrightonTrials Unit. We plan to employ further CPS staff to workas Witness Care Officers in each of our Units to increaseour commitment to this initiative. I am adamant that victims and witnesses should be rightin the centre of what we do and now that these Units arein operation we aim to ensure that we reap the benefitsand work with the police to give witnesses the supportthey need to enable them to feel confident about comingto court to give evidence.

Pre-Charge Advice

The CPS is currently going through the most majorchange since its inception in 1986 in the initiative thatgives the CPS the responsibility for deciding with whatoffence a suspect is charged. This has previously beenthe responsibility of the police, but the new way of working involves much closer liaison between the twoagencies at and before the charging stage. In order forthis change to take place, CPS lawyers need to be available to the police to give advice during the policeinvestigation and give the police a decision on the

appropriate charge. In Sussex, we have continued to roll-out the chargingprogramme with the police, and experienced lawyers arenow based in police stations on a regular basis giving thepolice advice at early stages in the proceedings. The benefits of this new way of working are beginning tobecome apparent, with better prepared cases and betterefficiency in building those cases, resulting in moreoffenders being prepared to admit their guilt. There is still some way to go before we will be ready tomove to the complete scheme, under which CPS lawyerswill be available 24 hours a day seven days a week togive charging decisions to the police. Not least is theneed to recruit more lawyers and equip them and ourexisting lawyers with the skills necessary to provide highquality advice to the police.

Higher Court Advocates(HCAs) andDesignated Caseworkers(DCWs)

Over the course of the year more of our senior lawyershave trained to be advocates in the higher courts and weare undertaking an ever increasing amount of advocacyin the Crown Court, both in Chichester and Lewes. Ouraim to be a world class prosecuting authority can onlybe realised if we develop our own staff to be capableand confident to advocate in all courts and I have set anambitious programme for Sussex HCAs.Hand in hand with HCAs are our DCWs, caseworkerswho have undertaken training to appear in the magistrates’ courts presenting non-contested cases.Sussex has successfully deployed DCWs across the Areaand we have worked with the Courts Service to identifyappropriate court listings to enable them to carry out thisvaluable role.

Anti-Social Behaviour

Sussex is one of 13 Areas that was shown to be active intackling anti- social behaviour, and as a result we weregiven funding from the Home Office for a lawyer to workwith other agencies to take this work further. The workbeing done in relation to addressing anti-social behaviour is another example of where the Sussex criminal justice agencies are working in real partnership,and this has extended to liaising also with other agenciesoutside the criminal justice arena, to create a workingenvironment in which everyone with an interest in tackling this behaviour works together.

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Community Engagement

Many staff have been engaged actively with the community we are here to serve. Particular events havebeen Eastbourne ‘999’, Pride, Court open days, the LGBTjobs fair, careers fairs at the Universities of Brighton andSussex, and school visits. We have also had a busy programme of work experience, which has the doubleadvantage of giving valuable insights into our organisation whilst generating important links withschools and the community generally.

I chair an Equality and Diversity Committee composed ofCPS staff who represent their units on hate crime andmembers of the community who have particular interestin diversity issues. This committee provides a forum inwhich CPS Sussex can share and discuss data on prosecutions of hate crimes with community representatives, who in turn can inform us of relevantissues and ask us questions. This committee fulfils a veryuseful function and I am keen to widen membershipfrom the community.

Increasingly, the work and achievements of CPS Sussexmust be considered alongside that of the other criminaljustice agencies represented on the Sussex CriminalJustice Board; many of our targets are the same andmany cannot be achieved without cooperation betweenthe agencies. I was delighted to be invited to be theVice-Chair of the SCJB as I see this forum as being vitalto achieving further improvements in criminal justice inSussex. CPS staff have worked enthusiastically with colleaguesfrom the other agencies, and there is now undoubtedlyan environment that embraces and encourages partnership and mutual support.

It has again been a year of considerable change and Ipay tribute to Sussex CPS staff for their hard work, forwhich they deserve the successes that have beenachieved.

Sarah Jane GallagherChief Crown Prosecutor

Communications Manager Peter Taylor chatting with one of the 40,000 visitors toEastbourne “999”.

CPS Sussex was once againjoined by its CJS partners atBrighton Pride.

Following completion of my third full financial year asABM, I am pleased to be able to report that the Areaagain came in on budget during a year that put greatpressure on resources as we strove to deliver shadowcharging to the police at six custody centres, introduceETMP and deliver significant amounts of training tostaff, whilst all the time maintaining the high levels ofquality of case management. Due diligence by the UnitHeads and Unit Business Managers ensured they stayedwithin budget, especially in relation to Agent usage andother running costs.

With CMS now being used in all cases the Area’s abilityto produce meaningful performance data has enabledAMT and the Unit Business Managers to analyse theirown Unit’s performance and to benchmark against oth-ers. Two further upgrades to CMS during the year, andenhanced functionality on MIS – the ManagementInformation System, have meant the Area PerformanceManager could provide managers with clear andinformative data analysis. This has also assisted theArea in providing reports to community leaders andDomestic Violence and LGBT Forums as requested,strengthening our links with the local communities weserve.

Sussex staff also attended a number of communityevents as part of the Sussex Criminal Justice Board,including Eastbourne 999 and Pride on perhaps the

hottest day of the year! We hope that next year morestaff can be encouraged to participate in othercommunity events representing CPS Sussex.

The Area received a very positive report from theInspectorate during the year which recognised theimprovements it has made since the last inspection in2002, identifying seven strengths and five recommenda-tions to help the Area further improve.

Recognition for the achievements we have made, andacknowledgement of the changes we need to make,,hold the Area in good stead for the coming year.

Iain EverettArea Business Manager

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AREA BUSINESS MANAGER’S REPORT 2004-05

Iain Everett,Area Business Manager.

CPS Sussex spend against budget 2004-05

R v Casey Hardison

When police attended a property rented by the defendant in Ovingdean, East Sussex, they discovered alaboratory which had been used for the manufacture ofClass A drugs. Casey Hardison, an American citizen, hadset up a company using a mailbox address in order toobtain supplies of chemicals for use in the production ofdrugs. A large quantity of LSD was found, with anestimated street value of £850,000.

The case was made particularly complex by the involve-ment of law enforcement agents from the USA, a numberof whom attended the trial as witnesses.

Hardison handled his own defence and raised a numberof human rights issues which had to be dealt with by theprosecution. He claimed that taking psychoactive drugswas an innocent act and the only crime he had committed was against the state.

After a 10-week trial at Lewes Crown Court he wasfound guilty of making three Class A drugs: 2CB, DMTand LSD, possessing 145,000 doses of LSD and 5-Meo-DMT, as well as smuggling Ecstasy worth £4,000 to theUSA. He was subsequently sentenced to 20 years’imprisonment with a recommendation that he be deported on his release.

R v Hill and Hill

Brothers Nigel and Damien Hill were convicted of kid-nap and theft in Eastbourne — their victim was a 64-year-old woman.

While the victim sat alone in her car, awaiting her husband’s return from a shop, Nigel Hill entered thevehicle by the driver’s door, his accomplice forcing hisway into the back. Force was used to prevent the victimfrom escaping from the vehicle.

After some distance, the victim noticed some peoplestanding in the road and, opening her door, called forhelp. Bystanders attempted to pursue the offenders, whohad taken the victim’s bag, but were unable to catchthem. However, a member of the public recognised theindividuals concerned and gave their details to thepolice. Items from the victim’s handbag were found atthe home address of the defendants.

The Hill brothers were each sentenced to four years’imprisonment by Judge Scott Gall who remarked that itwas a “callous and utterly vicious offence”.

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CASEWORK

Nigel Hill (above left) and Damian Hill (above right),kidnapped a woman in her own car.

Casey Hardison: LSD with an estimated value of £850,000 wasfound in his home.

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CASEWORK

R v Flamur Topalli, Vionest Dema, Emir Dema and others

This was a case of murder, carried out in a busy Hove street by a gang who lay in wait for their victim at hisworkplace.

The victim in this case, Altin Molita, was known to the defendants and it is apparent that there was a history of bad feeling between him and the defendants involving previous histories of violence. Using twocars, the defendants pursued their victims along Church Road, sandwiching his car between theirs. In the ensuing fracas the victim was stabbed and died at the scene.

Vionest Dema, Emir Dema and Mevlan Dema subsequently attempted to leave the country concealed in alorry but were apprehended and taken into custody.

At Lewes Crown Court Flamur Topali, Vionest Dema and Ermir Dema were found guilty of murder andreceived life sentences. The remaining two defendants were acquitted.

Emir Dema (left), Vionest Dema (centre) and Flamur Topalli brought terror to the streets of Hove.

Right: PalmeiraSquare, Hove.

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Performance in the Magistrates’ Courts

Chart 1 shows the number of defendants whose casesthe Area received from the police and the number ofdefendants whose cases were finalised in the last twoyears. Our caseload depends on the number of casesthe police send to us. Several factors affect this, such asthe level of arrest and the number of people cautioned.

Chart 2 shows the different types of work dealt with bythe Area in the last two years. They are:

Summary Only – cases that can only be tried in themagistrates’ courts.

Indictable/Either Way – Indictable only offences (themost serious cases such as murder, rape and robbery)must be tried in the Crown Court. Either way offences(such as theft) may be tried in either the magistrates’courts or in the Crown Court.

Cases for Advice – cases in which the police ask for ouradvice about whether proceedings should be started.Other proceedings – non-criminal matters, such as forfeiture under the Obscene Publications Act.

Chart 3 shows the disposal of those cases that wereheard in the magistrates’ courts, not including those thatwere committed to the Crown Court. Unsuccessful outcomes include discontinued cases, those that werewritten off and those dismissed at trial.

All prosecutions start in the magistrates’ courts, which involve offences such as minor motoring matters ranging toassault and theft. The more serious cases will be heard in the Crown Court once they have been through themagistrates’ court process.

Total 30,065 Total 35,056 Total 2,488 Total 2,505

Total 17,573 Total 18,820 Total 1,443 Total 1,551

Received Finalised

Summary Indictable/Either Way Advice Other Proceedings

Guilty Pleas Proofs in Absence After Trial Dismissals

Received Finalised

Committed for Trial Appeals Commmitted for Sentence

Guilty Pleas Conviction After Trial Acquittals

31,061

35,975

30,245

35,056

0

10,000

20,000

30,000

40,000

April 1 2003 - March 31 2004 April 1 2004 - March 31 2005

44.1%

31.5%

21.7%

2.7%

39.4%

26.9%

33.1%

0.7%

13,245 13,798

9,473 9,422

6,523

11,598

824 2380

5,000

10,000

15,000


86.8%

5.3% 5.4% 2.4%

82.3%

7% 8.1%2.5%

15,262 15,494

939 1,321428 475944 1,530

0

5,000

10,000

15,000

20,000


71.1%

17%11.9%

73%

14.4% 12.6%

1,0261,132

245 224172 195

0

500

1,000

1,500


71%

9.1%

19.9%

74.3%

9.8%15.8

1,7671,862

227 246

494397

0

500

1,000

1,500

2,000


2,5042,711

2,488 2,505

0

1,000

2,000

3,000


Chart 4 shows the comparison of receipts and finalisations for the period April 2004 to March 2005against the same period in 2003 to 2004.

Chart 5 shows case categories finalised in April 2004 toMarch 2005 compared with the same period in 2003 to 2004:

Committal of trial – Indictable Only and some EitherWay cases are sent from the magistrates’ courts.

Appeals – Defendants may appeal to the Crown Courtagainst convictions and/or sentences that they receivedin the magistrates’ courts.

Committed for sentence – Defendants who are triedand convicted in the magistrates’ court, however, the magistrates decide that the punishment required isgreater than their sentencing powers allow, therefore thecase is sentenced before a judge in the Crown Court.

Chart 6 – shows the disposal of those cases which werecommitted to the Crown Court not including thosewhich were discontinued.

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Performance in the Crown CourtA number of cases can only be tried in the Crown Court, other cases are heard at the Crown Court either becausethe defendant chooses to be tried there, by electing to go to Crown Court; or when the magistrates declinejurisdiction due to the offences being so serious that they need to be heard as a Crown Court trial or arecommitted for sentence. Should the defendant plead not guilty, the case proceeds as a trial before a Judge andJury.

Total 2,488 Total 2,505

T Total 1,443 Total 1,551

R Received Finalised

Committed for Trial Appeals Commmitted for Sentence

Guilty Pleas Conviction After Trial Acquittals

71.1%

17%11.9%

73%

14.4% 12.6%

1,0261,132

245 224172 195

0

500

1,000

1,500


71%

9.1%

19.9%

74.3%

9.8%15.8%

1,7671,862

227 246

494397

0

500

1,000

1,500

2,000


2,5042,711

2,488 2,505

0

1,000

2,000

3,000


The Crown Prosecution Service is headed by theDirector of Public Prosecutions, Ken Macdonald QC.The Director is superintended by the Attorney General,who is accountable to Parliament for the Service.

The Chief Executive is Richard Foster, who isresponsible for human resources, finance, businessinformation systems, criminal justice policy and business development.

The CPS was set up in 1986 under the Prosecution ofOffences Act 1985 to prosecute criminal casesinvestigated by the police in England and Wales. Inundertaking this role, the CPS:

l Reviews cases submitted by the police;l Advises the police on any need for further evidence;l Decides on the appropriate disposal of the case;l Decides on the appropriate charges in all but minor

cases;l Prepares cases for court;l Keeps cases under constant review; andl Presents cases at court.

The CPS has 42 Areas across England and Wales,matching police force boundaries (CPS London coversthe Metropolitan and City of London forces). Each Areais headed by a Chief Crown Prosecutor who isresponsible for the delivery of a high qualityprosecution service to his or her local community.

Each Chief Crown Prosecutor is supported by an AreaBusiness Manager.

The 43rd CPS Area is CPS Direct, which provides out-of-hours charging advice to police forces.

Conditional cautions

The CPS will decide whether a conditional caution isthe appropriate disposal in any given case. This is afurther step in placing the CPS at the heart of thecriminal justice system.

Conditional cautions are intended to divert cases awayfrom the court and enable the prosecutor to ensure thatthe formal criminal justice system is used only for thosecases that properly need to be put before a court.

Our Aim

The CPS works in partnership with agencies throughoutthe criminal justice system to reduce crime and the fearof crime and their social and economic costs; to

dispense justice fairly and efficiently and to promoteconfidence in the rule of law.

The CPS’ overall aim, which reflects the Government’spriorities for the criminal justice system, is to become:

A world-class, independent prosecuting authority, atthe heart of the criminal justice system, providing avalued public service that meets the needs of victimsand communities, makes a real difference to the livesof local people and helps to build a fairer and moredecent society.

The Code for Crown Prosecutors

The Code for Crown Prosecutors sets out the principleswhich Crown Prosecutors follow when consideringcases. The key principles are that a prosecution shouldonly be started or allowed to continue if:l There is enough evidence to provide a realistic

prospect of conviction against each defendant on each charge, and, if so

l Where a prosecution is needed in the publicinterest.

People

Overall the CPS has around 7,820 staff of whom 2,714are front-line prosecutors. The CPS continues to takeforward initiatives to speed up justice. These includeincreasing the number of designated caseworkers —specially trained CPS staff, who are not lawyers, reviewand present in the magistrates’ courts a limited range ofcases involving straightforward guilty pleas.

We also continue to increase the number of HigherCourt Advocates (HCAs). They are CPS lawyers who,having undertaken the Service’s internal training, areable to exercise full rights of audience as HCAs,principally in the Crown Court.

WorkloadAnnually the CPS deals with around around 1.1 millionprosecutions in magistrates’ courts and 95,000prosecutions in the Crown Court.

Resources

The CPS budget for 2004-05 was £560 million.Representative workforce

The CPS has exceeded the Civil Service benchmarks for

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About the Crown Prosecution Service

employees from Black and Minority Ethnic (BME)groups, women and those with a disability —l 12 per cent of CPS staff have declared themselves to

be from BME communities (the Civil Servicebenchmark is 8 per cent)

l 66.8 per cent of permanent staff are female — 14.5per cent above the Civil Service benchmark

l 4.2 per cent are disabled — 0.8 per cent above theCivil Service benchmark.

Working in partnership

The CPS is taking a leading and influential role in localCriminal Justice Boards (LCJBs), which bring togetherthe chief officers of all the local criminal justiceagencies. Over half of the LCJBs are chaired by ChiefCrown Prosecutors and each Board has produceddelivery plans for narrowing the justice gap, ineffectivetrials and public confidence.

No Witness, No Justice (NWNJ)

The CPS is responsible for the NWNJ project and theimplementation of Witness Care Units. A key part of theinitiative involves identifying the individual needs ofvictims and witnesses, so that their involvement in thecriminal justice process is the least traumatic it can be.

The CPS and the police jointly take responsibility inWitness Care Units for ensuring that the prosecutionprocess is properly explained to victims and that theyreceive the support that they need during the lifetime ofthe case. By the end of March 2005 there was at leastone Witness Care Unit in every criminal justice area.

Criminal Justice Units and Trial Units

These are units where police and CPS staff are housedand work together. They help reduce administrativeduplication and delay; enable closer liaison andpromote better working relationships between the twoindependent organisations.

Domestic violence

Over the past few years the CPS has greatly improvedthe way in which it handles domestic violence casesand the way in which it liaises with the police.

In February 2005, the CPS issued revised policyguidance and a training manual on prosecuting casesof domestic violence which focused on safety, supportand information for victims; building a closercivil/criminal interface and, whenever possible,

constructing cases based on evidence other than that ofthe victim.

Hate crime

The CPS launched its public policy statement onprosecuting homophobic crime in 2002. In 2004, theCPS published homophobic crime data, which showedthat 71 per cent of cases identified as such resulted inconvictions, and the CPS Policy for Prosecuting Cases ofRacist and Religious Crime has been in place since July2003. Latest figures show that 86 per cent of thosecharged with such crimes are convicted.

Community engagement

The CPS is committed to ensuring that its profile inlocal communities is enhanced through developingstrong and comprehensive links with those for whom itprovides a public service.

Local prosecutors will actively seek the views of allsections of their diverse communities in shaping localand national policies. Being aware of local issues andconcerns is essential, for example, if prosecutors are toplay a meaningful role in deciding whether an anti-social behaviour order is appropriate or whether aconditional caution is more suitable in a specific case.

Website

The CPS’ website is at http://www.cps.gov.uk and isavailable in English and Welsh. It provides aconsiderable amount of information about our business,staff and structures.

Leaflets and publications

The CPS publishes a range of leaflets and publicationsabout its work that are free to the public and availableto download from the website or in hard copy.

The CPS has also produced an award-winning video,Just Deserts, aimed at 14- to 16-year-olds and designedto be shown in schools. For details on all publications,and information on availability in other languages andalternative formats, contact the CPS CommunicationsBranch, 50 Ludgate Hill, London EC4M 7EX; Tel: 0207796 8442; e-mail: [email protected]

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CPS SUSSEXChief Crown Prosecutor Sarah Jane Gallagher

City Gate, 185 Dyke Road, Hove, East Sussex BN3 1TL

Tel: 01273 765600

If you have any questions or complaints or would like any free publicationsabout the CPS please contact the Chief Crown Prosecutor at the above address.

Website: www.cps.gov.ukCPS is now recruiting online

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Produced by Communications Branch, CPS Headquarters50 Ludgate Hill, London EC4M 7EX, Tel: 020 7796 8442

Printed by Blackburns of Bolton Ltd, 01204 550803

Cover photos: Chichester Market Cross, courtesy of Chichester District Council; “Continuum” by Rick Kirby, reproduced by permission of Hastings Borough Council.

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