Inspectorate warns gaps in instructions to counsel could undermine trials and sentencing outcomes
The Crown Prosecution Service is routinely failing to equip trial advocates with the essential facts needed to protect elderly victims in court, the service inspectorate has warned.
In a highly critical review of how the CPS handles crimes against older people, HM Crown Prosecution Service Inspectorate (HMCPSI) uncovered systemic communication breakdowns between prosecuting lawyers and the independent Bar. While the overall service provided to older victims was deemed generally good, the administrative mechanics of preparing cases for trial were found to be significantly lacking.
The Briefing Deficit For independent counsel, the most alarming finding centres on the quality of instructions. Of 58 Crown Court cases scrutinised by inspectors, 36 (62%) contained briefs that entirely failed to mention the victim was an older person.
Furthermore, these instructions frequently lacked critical directions regarding the specific court applications advocates were expected to make. The report issued a blunt directive to the CPS, stating it “must ensure good quality instructions are sent to counsel,” warning that leaving advocates unbriefed severely hampers their ability to present a comprehensive case to the jury.
The inspectorate found that in 64% of convictions involving a vulnerable victim (50 out of 78 cases examined), the CPS’s own case management system contained no record of whether the prosecutor had actually brought the victim’s age and vulnerability to the sentencing judge’s attention.
The inspectorate flagged this as a major compliance issue, raising the prospect that key aggravating features are being missed during sentencing exercises, potentially resulting in inappropriately lenient outcomes.
Beyond internal process failures, the report highlighted the severe external pressures faced by older court users, who are disproportionately impacted by the current Crown Court backlog.
Highlighting these compounding challenges, HMCPSI Chief Inspector Anthony Rogers said: “Older victims face real barriers when it comes to reporting crime and navigating the justice system. When court delays mean waiting months or even years for a case to conclude, the impact can be devastating. CPS generally provide a good service to older victims of crime but there are improvements to be made.”
Consequently, the inspectorate has urged prosecutors to take a much harder line on case progression and actively challenge repeat hearing adjournments.
To streamline future practice, the report recommends redefining an “older victim” as anyone aged 60 or over lowering the current threshold of 65 and dropping the internal requirement to process these offences as confusing “quasi-hate crimes” to instead focus on presenting clear evidence of vulnerability.