Criminal Justice System in Crisis Mode

Staff retention issues are hampering the performance of the Criminal Justice System (CJS).

The Criminal Justice Joint Inspectorate reported in February of this year (2024) that retaining experienced staff, together with the other challenges facing the criminal justice system (CJS), is seriously impacting upon the delivery of an acceptable service to victims of crime.

I have previously written about the CJS being in crisis, with a huge backlog of cases, a high number of prisoners on remand and court buildings being either closed or in a very poor state of repair. On top of these issues, this report highlights that retention of staff across the police, Crown Prosecution Service (CPS) and prison and probation services is a problem, and that experienced staff cannot easily be replaced. It takes time to gain the skills and resilience required to cope with the challenges faced, as an advocate, a front-line police officer or other vital staff member of the CJS. Further, it is a barrier to young in-service staff learning and progressing if they do not have experienced colleagues to support them and provide advice.

The Inspectorate also identified that an obstacle to the reduction of the Crown Court backlog and the high caseloads of CPS prosecutors was lack of capacity at the independent Bar, where “issues around pay and the impact of the pandemic” led to many criminal barristers leaving the profession.

There are some examples of effective recruitment strategies, such as the Police Uplift Programme. However, retention is crucial if an acceptable service is to be provided to defendants, witnesses and victims of crime.

The Criminal Justice Joint Inspectorate is calling for action to understand why staff are leaving and better supervision and support to retain them. HMCPSI Chief Inspector, Andrew Cayley KC CMG, concludes that 

“To turn this around and deliver positive outcomes, especially for victims of crime, we are today calling on the police, CPS, prison and probation service to better understand why staff are leaving and regularly review their outputs to guarantee better supervision and support for their staff.”

Do those in positions of leadership want to know the truth as to why staff are leaving their services in such high numbers? This may result in uncomfortable realisations and the need for significant change to reverse the trend.

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Final Thoughts

It is clear that immediate action is needed to encourage young recruits to both go into criminal law and to remain there. An effective criminal justice system relies on each agency having a sufficient number of staff, with the requisite experience and skill sets. Until levels of retention improve, the likelihood of a negative impact upon outcomes for victims remains.

Wendy Brook -Evans - Eyes on Crime Contributor