England: some CPS barristers lack ‘presence, self-confidence and flair’ says report

The CPS Inspectorate report stated CPS advocacy standards have declined.

The report argued that too many CPS barristers lack “presence, self-confidence and flair” in Crown Court trials.

Barristers in England and Wales are in danger of “losing” the jury, it said, because of how they presented their cases.

However, the CPS disputed this and said conviction rates were steady.

CPS Inspectorate chief inspector Michael Fuller (pictured) said the review came at a time of significant change for the CPS with a reduction in the number of its barristers as well as budget cuts.

As more self-employed barristers are hired to present cases, CPS prosecutors are spending more time reviewing cases and not developing their advocacy abilities in court.

The report added that when they are in court they tend to “present cases rather than prosecute them.”

Mr Fuller said reliance on outside barristers to present cases was a “real threat to in-house prosecutors’ courtroom skills.”

He added: “This is compounded by the lack of exposure to Crown Court advocacy and scant opportunity to progress to crown advocacy.

“This means with things as they are, there will be an inevitable drop in prosecution standards in the courts.

“The CPS needs to evaluate its advocacy provision.”

Inspectors noted that crown advocates struggle to effectively cross-examine and found instances of poor preparation as well as inappropriate advocacy styles, suitable for magistrates’ courts, being used in crown courts.

This has resulted in juries losing attention as barristers present rather than prosecute cases. The report also noted advocates failing to present cases engagingly, with correct use pace and tone.

A spokesperson for the CPS said: “We dispute criticism of the quality of CPS advocates and are disappointed that this finding has been made when the Inspectorate undertook no observations of advocates in action.

“The report’s findings are based on our own assessment of advocates, which is specifically targeted at those that we believe need it most.

“It is, therefore, an inaccurate picture of the overall quality of our advocates.”