Home > NEWS > CJI News Archive > 2021 > April - June > ToR File Quality, Disclosure and Case Progression and Trial Recovery from the Coronavirus Pandemic ToR File Quality, Disclosure and Case Progression and Trial Recovery from the Coronavirus Pandemic 23/06/2021 Inspectors are about to commence an Inspection of File Quality, Disclosure and Case Progression and Trial Recovery from the Coronavirus Pandemic. The terms of reference have been provided to the criminal justice agencies and are available here If you are interested in making you views known to inspectors about this important work please contact the inspection team by email to [email protected]. Terms of Reference:- Introduction Criminal Justice Inspection Northern Ireland proposes to undertake a thematic inspection of file quality, disclosure and case progression and trial recovery from the coronavirus COVID-19 pandemic (the pandemic). The quality and timeliness of Police Service of Northern Ireland (PSNI) investigation case files submitted to the Public Prosecution Service for Northern Ireland (PPS), including dealing with disclosure, and the way in which the case files are subsequently progressed to the courts are essential elements for the delivery of an effective and efficient justice system, and one which should meet the needs of victims and witnesses.1 The pandemic severely impacted on the ability of the courts and the wider justice system to fully function and it is important that effective measures are taken to recover and deal with the backlog of cases and inherent delay. This inspection will primarily consider the approach of the following criminal justice organisations to file quality, disclosure and case progression and trial recovery from the pandemic: the PSNI, the PPS, the Northern Ireland Courts and Tribunals Service (NICTS) and their interfaces with Department of Justice (DoJ) on trial recovery strategy. Context Inspection reports dating back to 20062 identified the need for the PSNI to improve the quality and timeliness of the files it submitted to the PPS, and that the PPS also needed to improve the way it processed case files. As the relationship between the two organisations developed, systems were put in place to improve how cases were progressed. A subsequent inspection in 2015,3 looking specifically at file quality and disclosure, found that in too many cases files were not submitted either in a timely way or to acceptable standards, and that the PSNI needed to give these issues a much higher priority. It also found that the PPS should make clear its expectations about file quality and ensure that they are applied consistently by all Prosecutors. Other thematic inspection work identified the need for the PSNI and the PPS to further develop the prosecution team approach in cases involving sexual offences and the need to adopt a case-building approach by working together from the outset.4 The NICTS has developed court business continuity arrangements5 in response to the pandemic, and is developing plans to move towards full business recovery. More widely within the DoJ there is a Justice Performance Team responsible for delivering Departmental priorities, which include Recovering the Justice System and Speeding Up Justice, both of which are of relevance to this inspection. Aims of the Inspection The aim of the inspection is to examine and assess the effectiveness of file quality, disclosure and case progression and trial recovery from the pandemic with a view to securing improvement. The objectives of the inspection are to: • examine the effectiveness of PSNI, PPS and NICTS organisational strategies with regard to file quality, disclosure and case progression; • review the processes for file quality, disclosure and case progression, how operational delivery is structured to meet the needs and expectations of stakeholders and victims, and to assess effectiveness and potential areas for improvement; • examine and assess the outcomes of strategies and delivery mechanisms for file quality, disclosure and case progression against performance targets; • examine management information in relation to the performance of the criminal justice organisations and delivery with regard to file quality, disclosure and case progression; • examine how the above aspects of file quality, disclosure and case progression are benchmarked against good practice in neighbouring jurisdictions; • examine the effectiveness of organisational strategies and delivery with regard to disclosure; and • examine the effectiveness of criminal justice system planning assumptions, priorities, strategies and delivery with regard to trial recovery from the pandemic. Other matters of significance as they arise during the inspection may also be considered. Methodology The inspection will be based on the Inspection Framework, the three main elements of which are: • strategy and governance; • delivery; and • outcomes. Constants in each of the three framework elements and throughout each inspection are equality and fairness, together with standards and best practice. The inspection methodology can be found at www.cjini.org. The inspection will give due consideration to the relevant human rights laws. Research and review Collection and review of relevant documentation such as previous inspection and other reports, the inspected criminal justice organisation policies and procedures, management and performance information, case files, data, minutes of meetings and related DoJ documentation. The inspected agencies will be requested to undertake a self-assessment in preparation for the inspection. Delivery • Terms of reference will be prepared and shared with the PSNI, the PPS, the NICTS and the DoJ prior to the commencement of the inspection. Liaison officers for each organisation should be nominated for the purposes of the inspection. • The inspected agencies will be given the opportunity to complete a self-assessment of their approach to file quality, disclosure and case progression and trial recovery from the pandemic, as applicable, and to provide an outline of current progress and any management information deemed relevant. • Management information, data and other relevant documentation held by the criminal justice organisations and the DoJ will be examined. • Interviews and focus groups will be conducted with inspected agency staff and management, and with relevant stakeholders, to give an insight into the issues being examined. PSNI and PPS case files will be reviewed. • Progress in the development of performance and management information will be examined. • Evidence of planning and decision-making leading to performance improvement and recognition of future development will be assessed. • Where appropriate benchmarking and identification of best practice within and outside Northern Ireland. • Fieldwork requiring face-to-face contact will be planned and risk-assessed in consultation with relevant organisations or individuals, and public health advice such as social distancing will be followed. All timescales are indicative and dependent on developments with the pandemic. Feedback and writing Following completion of the fieldwork, which is planned to take place from August to November 2021, and analysis of data, a draft report will be shared with the PSNI, the PPS, the NICTS and the DoJ for factual accuracy check. The Chief Inspector will invite the organisations to complete an action plan to address any recommendations. If the plan has been agreed and is available it will be published alongside the final inspection report. The inspection report will be shared, under embargo, in advance of the publication date with the inspected organisations. Inspection publication and closure • The final report is scheduled to be completed by January 2022. • The report will be sent to the Minister of Justice for permission to publish. • When permission is received the report will be finalised for publication. • The Chief Inspector’s press release will be shared with the PSNI, the PPS, the NICTS and the DoJ prior to publication and release. • A suitable publication date will be agreed and the report issued. [1] A recent report looked in more detail at the victims and witnesses in the criminal justice system. Criminal Justice Inspection Northern Ireland. Victims and Witnesses. The Care and Treatment of Victims and Witnesses by the Criminal Justice System in Northern Ireland. Available at Victims and Witnesses – The care and treatment of victims and witnesses by the criminal justice system in Northern Ireland (cjini.org) [2] Criminal Justice Inspection Northern Ireland. Avoidable delay. A thematic inspection of delay in the processing of criminal cases in Northern Ireland. May 2006. Available at Avoidable-Delay-May-2006.aspx (cjini.org) [3] Criminal Justice inspection Northern Ireland. An inspection of the quality and timeliness of police files (incorporating disclosure) submitted to the public prosecution service for Northern Ireland. November 2015. Available at An inspection of the quality and timeliness of police files incorporating disclosure submitted to the Public Prosecution Service for Northern Ireland. (cjini.org) [4] Criminal Justice inspection Northern Ireland. Without Witness, Public Protection inspection I: A thematic inspection of the handling of sexual violence and abuse cases by the criminal justice system in Northern Ireland, November 2018. Available at Without witness. Public Protection Inspection 1: A thematic inspection of the handling of sexual violence and abuse cases by the criminal justice system in Northern Ireland. (cjini.org) [5] Northern Ireland Courts and Tribunals Service website CORONAVIRUS (COVID-19) PANDEMIC - Court Business Continuity Arrangements | Department of Justice (justice-ni.gov.uk)