What CPS Avon and Somerset does for you
Introduction
The Crown Prosecution Service was set up in 1986 to prosecute criminal cases investigated by the police in England and Wales. In undertaking this role, the CPS:
- Advises the police on cases for possible prosecution
- Reviews cases submitted by the police for prosecution
- Where the decision is to prosecute, determines the charge in all but minor cases
- Prepares cases for court and presents those cases at court
CPS Avon and Somerset is one of the Crown Prosecution Service's 42 geographical areas which between them cover the whole of England and Wales. It is responsible for prosecuting all criminal cases in the Avon and Somerset area. It has approximately 170 staff and covers cases heard at Bristol Crown Court and Taunton Crown Court as well as Bristol, Taunton, Bath, Weston-super-Mare, Yate, Wells, Frome, Bridgwater, Yeovil, and Minehead Magistrates' courts.
Each year, CPS Avon and Somerset handles more than 45,000 Magistrates' Court cases and over 3,500 Crown Court cases. In 2008-9, our average conviction rate was 88% in the Magistrates' Court and 81% in the Crown Court.
If you have any questions about our role or suggestions on how we can improve our service, please contact:
Barry Hughes
Chief Crown Prosecutor, CPS Avon and Somerset
CPS Avon and Somerset
Froomsgate House
Rupert Street
Bristol BS1 2QJ
Tel: 0117 930 2800
Email: avonandsomerset.areasecretariat@cps.gsi.gov.uk
Website: www.cps.gov.uk
How we secure justice for you
The Code for Crown Prosecutors is a public document, issued by the Director of Public Prosecutions that sets out the general principles Crown Prosecutors should follow when they make decisions on cases.
Is there enough evidence against the defendant?
When deciding whether there is enough evidence to prosecute, Crown Prosecutors must consider whether evidence can be used in court and is reliable. Crown Prosecutors must be satisfied there is enough evidence to provide a "realistic prospect of conviction" against each defendant.
Is it in the public interest for the CPS to bring the case to court?
A prosecution will usually take place unless the public interest factors against prosecution clearly outweigh those in favour of prosecution.
The Code is available on this website
Anti-Social Behaviour Orders - Defending your communities
We recognise the misery anti-social behaviour can cause for communities across Avon and Somerset .
We work closely with local authorities, the police and local communities to determine offences suitable for ASBOs. These may include unreasonable behaviour by a neighbour, begging, kerb crawling, street crime, misbehaviour by youths and general disorder.
In addition to ensuring that a criminal charge is brought where this is appropriate, we can also apply for an Anti-Social Behaviour Order (ASBO) once the defendant is convicted.
Our innovative use of ASBOs is illustrated by the success of Taunton's "three strikes and you're out" initiative, devised by CPS lawyer, Dean Lampard. Three convictions for alcohol related offences within 12 months, along with the breach of a court order, automatically triggers an ASBO application.
Helping victims and witnesses - Supporting you at court
CPS Avon and Somerset has trained staff who work with police colleagues to help victims and witnesses overcome problems preventing them from giving evidence or attending court.
Known as Witness Care Officers, these specialists complete needs assessments to identify possible problems facing victims and witnesses, such as difficulties with transport, childcare provision, language, accessibility issues and intimidation.
Acting as a single point of contact, they also ensure victims and witnesses are kept informed of the progress of their case and the final outcome.
For further information on the Code of Practice for Victims of Crime, which sets out the services victims can expect to receive from the criminal justice system please go to: www.cjsonline.gov.uk
Proceeds of crime - Targeting criminals' assets on your behalf
We are determined to hit criminals where it hurts them most – in their wallets.
Using the powers of the Proceeds of Crime Act 2002, we can claw back the money and property they have acquired through criminal activities.
As a matter of policy, our lawyers consider applying for restraint or confiscation orders for every case where the defendant has benefited from the crime.
CPS Avon and Somerset works closely with the police and their Financial Investigation Unit to identify these cases at an early stage and take them through the courts. During 2008-09, we obtained 136 orders for the confiscation of criminal assets, worth approximately £2.2 million in total.
Working with the community - Working for you
CPS Avon and Somerset strives to reflect the many diverse communities it serves and to put awareness of diversity at the heart of everything it does. We engage with local communities to help build their understanding of the judicial process and to increase CPS staff's awareness of social and cultural differences so that they can serve the public more effectively.
We consult with groups representing people with disabilities, black and minority ethnic communities, and groups representing people who lesbian, gay, bisexual and transgender in order to ensure the service we deliver meets the needs of all sections of the population.
CPS Avon and Somerset are also proactive members of Avon and Somerset Criminal Justice Board (ASCJB), which represents all criminal justice agencies in the area. ASCJB strives to improve the delivery of justice, improve the service provided to victims and witnesses and secure public confidence in the Criminal Justice System. Other ASCJB member organisations are Avon and Somerset Constabulary, Her Majesty's Court Service, Avon and Somerset Probation Area, the Youth Justice Board and Her Majesty's Prison Service.
Our lawyers - Putting the case for you
Increasingly, we are using our own lawyers to represent the Prosecution in the higher courts, such as Crown Courts, rather than using independent lawyers as our agents.
Known as Higher Courts Advocates (HCAs), these solicitors and barristers have been granted special rights to appear in higher courts.
As well as making savings on agent's fees, using our own lawyers to handle Crown Court jury trials has led to better prepared cases and improved care of victims and witnesses.
HCAs are permanently based at the Crown Courts in both Bristol and Taunton. Using our own lawyers in all courts will help us to achieve our objective of becoming a world-class prosecution service.
Homophobic crime - Helping you to feel safe
We regard homophobic and transphobic crimes as particularly serious because they undermine people's right to fell safe about, and safe in, their sexual orientation and gender. Such crimes are motivated by prejudice, discrimination and hate. They have no place in an open and democratic society.
We define a homophobic incident as any incident which is perceived to be homophobic or transphobic by the victim or any other person, including the perpetrator.
We regard a homophobic element in any crime as a serious aggravating feature. We are determined to play our part in reducing this type of crime by bringing offenders to justice.
Racist and religious crimes - Protecting you from hate crime
CPS Avon and Somerset take racist and religiously motivated crimes very seriously and are determined to prosecute those who commit them.
Certain offences, including assault, harassment and criminal damage can be prosecuted as racially or religiously aggravated crimes. An offence is racially or religiously aggravated if:
- The offender demonstrates hostility to the victim based on the victim's membership, or presumed membership, of a racial or religious group;
- The offence is motivated wholly or partly by hostility towards members of a racial or religious group.
With any offence, if there is evidence of racial or religious aggravation the defendant faces a harsher sentence than those found guilty of non- racist or religious crimes.
Domestic violence - Keeping you safe at home
Domestic violence is the cause of one in four murders and nearly a quarter of all reported violent incidents. One in four women will experience domestic violence at some time in their lives and two women are killed every week by a current or former partner. This type of crime also includes elder abuse and abuse by carers, as well as violence in same-sex relationships.
With our criminal justice partners, CPS Avon and Somerset are working hard to tackle this distressing type of crime. Special domestic violence courts, such as the one set up in Bridgwater, have proved very successful in increasing the number of convictions.
We do not automatically halt a prosecution if a victim no longer wishes to give evidence. We try to build cases on evidence other than that of the victim, for example, accounts by police officers, records of 999 calls and evidence from the scene of an incident.
Freephone 24 hour National Domestic Violence Helpline: 0800 2000 247.
RESPECT Perpetrators' Helpline: 0845 122 8609.
