Terms of reference for an inspection of criminal case processing for offences investigated by authorities and organisations other than the Police Service of Northern Ireland (PSNI)

Introduction

Criminal Justice Inspection Northern Ireland (CJI) proposes to undertake an inspection of the investigation and processing of criminal offences other than those investigated by the Police Service of Northern Ireland (PSNI).  CJI inspected criminal cases processed by the PSNI and the Public Prosecution Service for Northern Ireland (PPS)^[1] in 2023, however the focus of this inspection will be on criminal cases investigated and processed by other authorities, organisations, Government Departments and agencies; these will be referred to as Departmental Cases.

The Justice (Northern Ireland) Act 2002^[2] provides a list of Departments and agencies within CJI’s statutory remit to inspect.  These include organisations with a wide range of statutory powers to investigate and prosecute organisations and individuals for offences such as environmental crime, social security fraud, trading standards as well as cases involving the Health and Safety Executive, Belfast and Larne harbours and Belfast International Airport. 

Context

The vast majority of criminal cases in Northern Ireland are investigated and processed by the PSNI before submission to the PPS for a decision on prosecution.  In 2022-23 the PPS received 44,687 case files including 44,130 (99%) from the PSNI.  The remaining 557 files were Departmental Cases,^[3]  the majority of these were from the Department for Communities (DfC) Benefit Security Division (277) and the Driver Vehicle Agency (187).  Regardless of volume, all the organisations within CJIs remit carry out important roles in ensuring justice is served and community safety, from the protection of our waterways and roads to the treatment of animals and tackling benefit fraud. 

The number of Departmental Cases received by the PPS does not reflect the actual numbers of ongoing criminal investigations and the work undertaken before they are submitted as cases for a prosecution decision.  All of these can be long running, time consuming and resource intensive.  All Departmental Cases require investigative and evidential quality standards equivalent to those required by the PPS and the PSNI to secure a conviction in the criminal Courts beyond a reasonable doubt. 

CJI undertook an internal exercise to establish guidance to help inform the capability and usefulness of carrying out an inspection across a wide range of organisations and identifying which are to be included in this inspection.  The Inspection Team are inspecting only those that are not linked to cases which involve or are connected to the PSNI.  This leaves a shorter list of organisations contained within the Justice (Northern Ireland) Act 2002 (as amended under Section 45 of the Justice and Security (Northern Ireland) Act 2007).  This inspection will focus on those organisations within CJI’s statutory remit and do not require separate inspections.  These include the Veterinary Service Enforcement Branch (Department of Agriculture, Environment and Rural Affairs (DAERA)), Child Maintenance Services (DfC), Trading Standards (Department for the Economy (DfE)), the Health and Safety Executive for Northern Ireland (DfE), Tourism NI (DfE) and the Benefit Security Division (DfC).

Previous CJI inspections^[4] relating to Departmental Cases are:

• The Department of Agriculture and Rural Development (DARD) Fraud Investigations and Enforcement Activities (2017);
• Royal Mail Group – Crime Investigations Function (2008);
• Belfast Harbour Police (2008);
• Enforcement in the Department of the Environment (2007, 2011 and 2015);
• Driver and Vehicle Agency as part Department of Environment review (2007), Roads Policing (2008) and Driving Change (2016); and
• Benefit Investigation Service of the Social Security Agency (2006).

Each of the inspected organisations have their own internal structures and processes on how they investigate criminal offences relevant to their legislative remits and responsibilities and these can be complex and science based.  The purpose of this inspection is to examine the key strategies and governance structures that are in place to ensure that criminal investigations are conducted appropriately and high-quality cases are being prepared for prosecution. 

Aims of the Inspection

The broad aims of the inspection are to:

• Examine the effectiveness of organisational strategies to investigate and prosecute offences;
• Examine the effectiveness of organisations’ governance arrangements;
• Examine how operational delivery is structured and resourced to determine effectiveness and potential areas for improvement;  
• Examine and assess the outcomes of strategies and operational delivery mechanisms against targets and expectations;
• Examine management information and the performance of the organisations in investigating and preparing criminal cases for prosecution; and
• Examine how the above aspects are benchmarked against quality standards and good practice.

Methodology

The review will be based on the CJI Inspection Framework for each inspection that it conducts.  The three main elements of the Inspection Framework 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 CJI inspection methodology can be found at www.cjini.org.

Design and Planning

Preliminary research

Data and initial information has been reviewed in order to inform the scope of this inspection.  Scoping interviews have taken place with relevant personnel in each organisation.

Benchmarking, research and data collection

Collection of benchmarking information and data, where available, from other jurisdictions and sectors in Northern Ireland and a review of inspection and research reports will be undertaken.    

Contact with agencies

Terms of reference will be prepared and shared with the DoJ, the PSNI, the PPS, Veterinary Services Enforcement (DAERA), Child Maintenance and Enforcement Division, the Benefit Security Division (both within the DfC), Trading Standards, the Health and Safety Executive for Northern Ireland, and Tourism NI (all within the DfE), prior to the initiation of the inspection.  Inspectors will request that a Liaison Officer from each inspected organisation should be nominated for the purposes of this inspection.

Policies and procedures, management information, minutes of meetings and related documentation from the inspected organisations will be requested and reviewed. 

Delivery

Stakeholder consultation

The following stakeholder organisations will be consulted:

• The PPS;
• The PSNI;
• The Northern Ireland Courts and Tribunals Service;
• Judiciary (Magistrates’ and Crown Court);
• The Bar Council Criminal Law Committee;
• The Law Society Criminal Law Committee.

Development of fieldwork plan

CJI will liaise with the inspection Liaison Officer in each organisation to arrange a series of meetings and focus groups with relevant individuals. 

Case file reviews will be limited to dip-sampling to ensure the strategic approaches are achieving the desired outcomes, quality standards are applied and cases are progressed effectively.

Initial feedback to agency

On conclusion of the fieldwork the evidence will be collated, triangulated and analysed and emerging recommendations will be developed.  CJI will then present the emerging findings to appropriate organisations.

Drafting of report

Following completion of the fieldwork and analysis of data, a draft report will be shared with the inspected bodies for factual accuracy check.  The Chief Inspector will invite the inspected bodies to complete an action plan within six weeks to address the recommendations and if the plan has been agreed and is available it will be published as part of the final report.  The report will be shared, under embargo, in advance of the publication date with the inspected bodies.

Publication and Closure

A report will be sent to the Minister of Justice for permission to publish.  When permission is received the report will be finalised for publication.  A press release will be drafted and shared with the reviewed agencies prior to publication and release.  A publication date will be agreed and the report will be issued.

Indicative Timetable

Scoping/Research: January – February 2024.

Stakeholder consultation: March– April 2024.

Agency fieldwork: April – June 2024.

Draft Report to agencies:  Autumn 2024.

Factual accuracy feedback received: Autumn 2024.

The above timetable may be impacted by factors outside CJI’s control.  The reviewed organisations will be kept advised of any significant changes to the indicative timetable.

[1] CJI, An Inspection of File Quality, Disclosure and Case Progression and Trial Recovery from the Covid-19 Pandemic, June 2023, available at https://www.cjini.org/getattachment/b88cbf6f-05c2-4ba5-baff-4ff8e96b897a/report.aspx.

[2] Justice (Northern Ireland) Act 2002, available at https://www.legislation.gov.uk/ukpga/2002/26/part/3/crossheading/chief-inspector-of-criminal-justice

[3] NISRA, Public Prosecution Service for Northern Ireland, Statistical Bulletin 2022/23, 1 April 2022 to 31 March 2023, 29 June 2023, available at https://www.ppsni.gov.uk/files/ppsni/2023-06/Statistical%20Bulletin%202022-23.pdf.

[4] All CJI inspection reports can be found at https://www.cjini.org/TheInspections/Inspection-Reports.

Please note: URLs included in these Terms of Reference may stop working overtime