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Routledge Revivals

The Case for the Prosecution

Originally published in 1991, The Case for the Prosecution examines the entire process of arrest through to conviction. The book is a landmark in the study of criminal justice in Britain, and gives valuable information about the working of the police and the Crown Prosecution Service. The book provides strong empirical, theoretical and policy contributions to the field and should prompt lawyers to re-revaluate their role and the way they perform it. It is vital reading for anyone practising or studying criminal justice or law.

First published in 1991

by Routledge

This edition first published in 2018 by Routledge

2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN

and by Routledge

711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

1991 Mike McConville, Andrew Sanders and Roger Leng

The right of Mike McConville, Andrew Sanders and Roger Leng to be identified as the authors of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Publishers Note

The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original copies may be apparent.

Disclaimer

The publisher has made every effort to trace copyright holders and welcomes correspondence from those they have been unable to contact.

A Library of Congress record is available under ISBN: 90023773

ISBN 13: 978-1-138-56546-3 (hbk)

ISBN 13: 978-1-351-24538-8 (ebk)

The Case for the Prosecution

Police suspects and the construction of criminality

Mike McConville, Andrew Sanders and Roger Leng

First published in 1991

by Routledge

11 New Fetter Lane, London EC4P 4EE

Simultaneously published in the USA and Canada by Routledge

29 West 35th Street, New York, NY 10001

First published in paperback by Routledge in 1993

1991 Mike McConville, Andrew Sanders and Roger Leng

Typeset by NWL Editorial Services, Langport, Somerset

All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

British library Cataloguing in Publication Data

McConville, Michael

The case for the prosecution.

1. England. Police powers. Law 2. England. Offenders.

Prosecution procedure

I. Title II. Sanders, Andrew 1952- III. Leng, Roger 1953-

344.2055042

Library of Congress Cataloging in Publication Data

The case for the prosecution/by Mike McConville, Andrew

Sanders, Roger Leng

p. cm.

Includes bibliographical references and index.

1. Prosecution Great Britain Decision making

2. Criminal procedure Great Britain. 3. Police Great Britain. I. Sanders, Andrew II. Leng, Roger, 1953-

III. title.

KD8348.M39 1991

345.4105042-dc20

90-23773

[344.1055042]

CIP

ISBN D-415-10103-4

Contents

1. A-1

Guide

The field work for this book was carried out between 1986 and 1988. Our objective was to understand how police officers and prosecutors made decisions in respect of criminal cases. The Director of Public Prosecutions (DPP), as head of the Crown Prosecution Service, and the Chief Constables of the three police forces studied consented to the research and co-operated in all aspects of our study.

These were the first few years of the Crown Prosecution Service (CPS), and some practices may have changed since then. The CPS was established on the recommendation of the Royal Commission on Criminal Procedure (1981) as part of a package of reforms based on broad standards of fairness, openness, accountability and efficiency ( Report , para 6.8). A condition of the research imposed by the DPP, to which we reluctantly consented, was that we would not publish direct quotations from CPS employees without the prior approval of the DPP. Prior to publication we sent drafts of relevant sections of this book to the DPP. He chose not to approve publication of a number of quotations. We have noted in the text the occasions on which the DPP requested us not to use direct quotations.

All research projects rely on the help and support of countless numbers of people. This was no exception. Our greatest debt is to our two research associates, Vanessa Saxton and Robert Wight. Both dedicated themselves to the success of the research and undertook heavy fieldwork demands with patience and good humour. In addition, Gary Crozier, Sue Deebank, Jackie Hodgson, Dan Shepherd and Richard Young all provided valuable part-time research help at various stages of the project.

In Birmingham, Mary Blake, John Bosworth and Ian Scott (Dean of the Law Faculty) gave us all the support we could have wanted, and Hazel Bond acted throughout as project secretary, organizing our data retrieval systems and typing our field notes with skill and patience.

In Warwick, we were greatly helped by the support provided by Jolyon Hall and Sue Wallington of the university library and by the untiring efforts of Frances Halstead of the Computing Services Centre. Aileen Stockham typed (and re-typed) the manuscript with unfailing patience and accuracy.

We promised the police and Crown Prosecution Service (CPS) that complete confidentiality would be maintained regarding all persons, cases and areas. We have been happy to maintain this confidentiality, which has been secured in the text by conventional social science techniques. Unfortunately it prevents us from thanking all those people who gave us so much help. It really is true to say that both the police and CPS staff went out of their way both to expedite the research and to make our many months with them as comfortable as possible. We were welcomed in every police station and CPS office and had open access to all personnel and files. Special arrangements were often made to provide us with officers to interview, documentation and transport which made our job much easier than it would have otherwise been. If officers and prosecutors feel that we have been unduly critical of them in this book we can only hope that, having got to know us as well as we got know them, they take it in the spirit intended.

The Economic and Social Research Council (ESRC) funded the project and was very understanding when we went back for more time and money. The Home Office eased our way several times by negotiating access and providing unpublished case listings, and Mike Brogden read the manuscript, providing us with invaluable comments. Finally, we must thank our wives and families, who have lived with, and suffered for, this project for longer than any of us would have thought possible.

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