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Aqgravating and Mitigating Factors to Principal Offences 10 The circumstances of the principal offences were recorded in terms of whether there were any aggravating or mitigating features. Such features were either listed on the committal papers or assessed by the researchers on the basis of the brief to counsel or any evidence on file. As can be seen from Figure 4.14, almost half of the offences involved aggravating factors. Common examples were the use of a weapon, evidence of premeditation, a vulnerable victim or an abuse of trust. Less than 6% of offences involved mitigating factors. 10% of cases involved a mix of aggravating and mitigating factors and the remainder involved neither.

Figure 4 Aqgravating and Mitigating Factors to Principal Offences 10 The circumstances of the principal offences were recorded in terms of whether there were any aggravating or mitigating features. Such features were either listed on the committal papers or assessed by the researchers on the basis of the brief to counsel or any evidence on file. As can be seen from Figure 4.14, almost half of the offences involved aggravating factors. Common examples were the use of a weapon, evidence of premeditation, a vulnerable victim or an abuse of trust. Less than 6% of offences involved mitigating factors. 10% of cases involved a mix of aggravating and mitigating factors and the remainder involved neither.

Related Figures (51)

Average Cost of Case Types within Standard Fee Bands” Figure 3.1
Average Cost of Case Types within Standard Fee Bands” Figure 3.1
Distibution of Crown Court Case Costs
Distibution of Crown Court Case Costs
Number of Cases Undertaken by Solicitors’ Account Numbers
Number of Cases Undertaken by Solicitors’ Account Numbers
* Asa consequence of the large number of firms undertaking a small volume of Crown Court criminal legal aid work, over one-third of firms undertook no standard fee cases.
* Asa consequence of the large number of firms undertaking a small volume of Crown Court criminal legal aid work, over one-third of firms undertook no standard fee cases.
Cost of cases by category ° 92% of appeals against conviction, 98% of appeals against sentence, and 94% of cases committed for sentence. 36 598 cases were unclassified.
Cost of cases by category ° 92% of appeals against conviction, 98% of appeals against sentence, and 94% of cases committed for sentence. 36 598 cases were unclassified.
a oe ll al atl of Sum of Crown Court Criminal Legal Aid Payments Made to Solicitors’ Firms (1999/00)
a oe ll al atl of Sum of Crown Court Criminal Legal Aid Payments Made to Solicitors’ Firms (1999/00)
Offence Categories of Cases Committed for Crown Court Trial 38 The class of an offence reflects its seriousness. Class 1 cases are the most serious, Class 4 cases, the least.
Offence Categories of Cases Committed for Crown Court Trial 38 The class of an offence reflects its seriousness. Class 1 cases are the most serious, Class 4 cases, the least.
Class of Cases Committed to Crown Court for Trial In the 1999/00 financial year, over £750 million was spent on criminal legal aid. £109 million was spent on police station work, of which around two-thirds was paid to ‘own’ solicitors and one-third to duty solicitors. London accounted for almost 25% of all police station legal aid expenditure. £233 million was spent on criminal legal aid in the magistrates’ courts, 46% of this was paid through lower standard fees and just over 25% through non-standard fees. £19 was spent on the court duty solicitor scheme, and £25 million on criminal Legal Advice and Assistance. The majority of the £371 million spent on Crown Court criminal legal aid was paid to barristers. Around £115 million was paid to solicitors.
Class of Cases Committed to Crown Court for Trial In the 1999/00 financial year, over £750 million was spent on criminal legal aid. £109 million was spent on police station work, of which around two-thirds was paid to ‘own’ solicitors and one-third to duty solicitors. London accounted for almost 25% of all police station legal aid expenditure. £233 million was spent on criminal legal aid in the magistrates’ courts, 46% of this was paid through lower standard fees and just over 25% through non-standard fees. £19 was spent on the court duty solicitor scheme, and £25 million on criminal Legal Advice and Assistance. The majority of the £371 million spent on Crown Court criminal legal aid was paid to barristers. Around £115 million was paid to solicitors.
Figure 4.3 Ethnicity of Clients Almost 79% of cases involved just one defendant. The average number of defendants was 1.5, although this reduced very slightly by the time of case disposal. In over half of those cases in which multiple defendants were involved, there were just two. Fewer than 6% of cases involved three or more defendants. Of those that did, most concerned drugs or public order offences. The case involving As Figure 4.3 indicates, of the 238 cases where a determination was possible, 71% of clients were white. Predictably, this varied between firms. Almost a half of the sample firms yielded all-white sample clients, although in some of these firms only a handful of case files was examined. In five firms, white clients were in a minority. One ot these firms had a majority of Asian clients and two a majority of black clients. The first firm had Asian fee earners and a largely Asian client group (YORK/11).*"_ The interviews unearthed other, more subtle examples of differences in client populations and service provision. One solicitor reported that staff and clients of local firms were divided on religious lines (NE/7). He also observed that his firm did not have clients from the next town, as “they don't like me, and | don't like them.”
Figure 4.3 Ethnicity of Clients Almost 79% of cases involved just one defendant. The average number of defendants was 1.5, although this reduced very slightly by the time of case disposal. In over half of those cases in which multiple defendants were involved, there were just two. Fewer than 6% of cases involved three or more defendants. Of those that did, most concerned drugs or public order offences. The case involving As Figure 4.3 indicates, of the 238 cases where a determination was possible, 71% of clients were white. Predictably, this varied between firms. Almost a half of the sample firms yielded all-white sample clients, although in some of these firms only a handful of case files was examined. In five firms, white clients were in a minority. One ot these firms had a majority of Asian clients and two a majority of black clients. The first firm had Asian fee earners and a largely Asian client group (YORK/11).*"_ The interviews unearthed other, more subtle examples of differences in client populations and service provision. One solicitor reported that staff and clients of local firms were divided on religious lines (NE/7). He also observed that his firm did not have clients from the next town, as “they don't like me, and | don't like them.”
Clients’ Employment Status 4.3.4 were (70%) and the unemployment figure for white clients was more or less mid-way between the two. As well as having no job, many seemed not to have a permanent address at which they could be contacted. Letters would therefore be sent ‘care of friends and relatives. A few clients had absconded (Case 310).
Clients’ Employment Status 4.3.4 were (70%) and the unemployment figure for white clients was more or less mid-way between the two. As well as having no job, many seemed not to have a permanent address at which they could be contacted. Letters would therefore be sent ‘care of friends and relatives. A few clients had absconded (Case 310).
4.3.12 The recidivism of many clients made reading their files very difficult. There could be multiple case details, legal aid orders, numbers and Previous Convictions by Age
4.3.12 The recidivism of many clients made reading their files very difficult. There could be multiple case details, legal aid orders, numbers and Previous Convictions by Age
es Incidence of Previous Convictions .11 Female clients had fewer previous convictions than male clients did. No correlation was found between age and the number of previous convictions, although fewer clients over the age of forty had no orevious convictions than those aaqed up to forty (see Figure 4.5).
es Incidence of Previous Convictions .11 Female clients had fewer previous convictions than male clients did. No correlation was found between age and the number of previous convictions, although fewer clients over the age of forty had no orevious convictions than those aaqed up to forty (see Figure 4.5).
Principal Offence Category by Previous Convictions (Same Type)
Principal Offence Category by Previous Convictions (Same Type)
Offence Category by Previous Convictions (Any Type) .16 As can be seen from Figure 4.8, clients of different ages were found to have faced different types of charges. Younger clients, especially minors, were far more likely to have faced robbery charges but were far less likely to have faced sex charges. Indeed, two-thirds of sex offence cases concerned clients over the age of thirty, and one- quarter with clients over the age of forty. Drugs offences seemed to be more common amongst the younger age group, but not the very youngest.
Offence Category by Previous Convictions (Any Type) .16 As can be seen from Figure 4.8, clients of different ages were found to have faced different types of charges. Younger clients, especially minors, were far more likely to have faced robbery charges but were far less likely to have faced sex charges. Indeed, two-thirds of sex offence cases concerned clients over the age of thirty, and one- quarter with clients over the age of forty. Drugs offences seemed to be more common amongst the younger age group, but not the very youngest.
FIG“UsIG TZ Offence Type by Clients’ Ethnicity
FIG“UsIG TZ Offence Type by Clients’ Ethnicity
Offence Category by Clients’ Employment Status 0 Finally, employment status seemed to be associated with the overall offence profile. As is indicated by Figure 4.10, school-students are again shown as having been disproportionately charged with robbery. Those clients that were employed, though not the self-employed, were charged with violence offences more often, perhaps a consequence of their increased ability to purchase alcohol. They were charged with other dishonesty offences, especially robbery, on proportionately fewer occasions. Obviously, employed and self- employed clients were more likely to have been involved in white- collar crime, such as _ fraud. Unemployed clients were disproportionately charged with dishonesty offences, such as theft and burglary.
Offence Category by Clients’ Employment Status 0 Finally, employment status seemed to be associated with the overall offence profile. As is indicated by Figure 4.10, school-students are again shown as having been disproportionately charged with robbery. Those clients that were employed, though not the self-employed, were charged with violence offences more often, perhaps a consequence of their increased ability to purchase alcohol. They were charged with other dishonesty offences, especially robbery, on proportionately fewer occasions. Obviously, employed and self- employed clients were more likely to have been involved in white- collar crime, such as _ fraud. Unemployed clients were disproportionately charged with dishonesty offences, such as theft and burglary.
Category of Principal Offence Charged next largest substantive offence category, followed by ‘drugs’, ‘sex’, then ‘robbery’.
Category of Principal Offence Charged next largest substantive offence category, followed by ‘drugs’, ‘sex’, then ‘robbery’.
Severity of Injury Caused ‘in Sample Offences Figure 4.12 shows the severity of injury suffered by complainants in the sample cases, as determined by the researchers from reading the evidence.* Half of the cases did not include any violent element. Of those cases that did involve violence, most resulted in only minor injuries. The most severe injuries, other than death, were associated with rape. This was followed by Section 18 woundings, attempted murder, other woundings and assaults, indecent assaults and, finally, robbery, which rarely resulted in any more than minor injuries. 88 Injury was classified as minor, moderate, moderate permanent, serious, serious permanent
Severity of Injury Caused ‘in Sample Offences Figure 4.12 shows the severity of injury suffered by complainants in the sample cases, as determined by the researchers from reading the evidence.* Half of the cases did not include any violent element. Of those cases that did involve violence, most resulted in only minor injuries. The most severe injuries, other than death, were associated with rape. This was followed by Section 18 woundings, attempted murder, other woundings and assaults, indecent assaults and, finally, robbery, which rarely resulted in any more than minor injuries. 88 Injury was classified as minor, moderate, moderate permanent, serious, serious permanent
Value of Property Concerned in Sample Cases property valued at £5,000 or less. Just 3% of cases involved property worth more than £100,000. Four of these five cases were drugs cases and the fifth, concerning the most highly valued property, was a fraud case.
Value of Property Concerned in Sample Cases property valued at £5,000 or less. Just 3% of cases involved property worth more than £100,000. Four of these five cases were drugs cases and the fifth, concerning the most highly valued property, was a fraud case.
.13 These differences are probably due to the nature of the offences and the circumstances under which they are committed and reported. Many of those charged with drugs offences will be charged with both possession of and intending to supply drugs. If they have more than Number of Charges by Offence Category
.13 These differences are probably due to the nature of the offences and the circumstances under which they are committed and reported. Many of those charged with drugs offences will be charged with both possession of and intending to supply drugs. If they have more than Number of Charges by Offence Category
Initial Number of Charges Faced by Clients 2 As can be seen from Figure 4.16, the number of charges varied between the types of offence. A majority of robbery defendants faced only one charge and violence cases were associated with relatively few charges. On the other hand, one-quarter of all clients charged with drugs or sex offences faced more than five charges. Dishonesty cases involved a large number of clients facing multiple charaqes.
Initial Number of Charges Faced by Clients 2 As can be seen from Figure 4.16, the number of charges varied between the types of offence. A majority of robbery defendants faced only one charge and violence cases were associated with relatively few charges. On the other hand, one-quarter of all clients charged with drugs or sex offences faced more than five charges. Dishonesty cases involved a large number of clients facing multiple charaqes.
Aggregate Duration of Police Interviews of Individual Clients 5.11 Figure 4.18 sets out the aggregate amount of time the police spent interviewing individual suspects. More than 70% of clients were interviewed for no more than an hour in total. Less than 15% were interviewed for more than ninety minutes. The mean aggregate duration of interviews was sixty minutes and the median, thirty-eight minutes. The range was from two minutes to forty-five hours.
Aggregate Duration of Police Interviews of Individual Clients 5.11 Figure 4.18 sets out the aggregate amount of time the police spent interviewing individual suspects. More than 70% of clients were interviewed for no more than an hour in total. Less than 15% were interviewed for more than ninety minutes. The mean aggregate duration of interviews was sixty minutes and the median, thirty-eight minutes. The range was from two minutes to forty-five hours.
Number of Police Interviews of Individual Clients
Number of Police Interviews of Individual Clients
Aggregate Duration of Police Interviews of Clients by Offence Category
Aggregate Duration of Police Interviews of Clients by Offence Category
Number of Separate Dates on which Clients were Interviewed by Police
Number of Separate Dates on which Clients were Interviewed by Police
Factual Agreement between Police and Client by Offence Category 5 Some clients were held in custody at the police station for a number of days. Indeed, in one file we came across a represented client who appeared to be held in custody beyond the statutory limit, solely on the authority of a senior police officer. As Figure 4.22 shows, half of all the sample clients were held in custody for less than fifteen hours and only a quarter were held for more than twenty-four hours. The average period of detention was 24.5 hours, and the median sixteen hours. This compares to a recent finding that, for all persons detained at the police station, the average period of detention is just over 6.5 hours. This varies according to the seriousness of the offence under investigation: just under four hours for the least serious; seven hours for moderately serious; and just under twenty-two hours for the most serious offences.“ Our sample is, of course, weighted towards more serious cases.
Factual Agreement between Police and Client by Offence Category 5 Some clients were held in custody at the police station for a number of days. Indeed, in one file we came across a represented client who appeared to be held in custody beyond the statutory limit, solely on the authority of a senior police officer. As Figure 4.22 shows, half of all the sample clients were held in custody for less than fifteen hours and only a quarter were held for more than twenty-four hours. The average period of detention was 24.5 hours, and the median sixteen hours. This compares to a recent finding that, for all persons detained at the police station, the average period of detention is just over 6.5 hours. This varies according to the seriousness of the offence under investigation: just under four hours for the least serious; seven hours for moderately serious; and just under twenty-two hours for the most serious offences.“ Our sample is, of course, weighted towards more serious cases.
———————— Number of Hours Clients Held in Custody a Phillips, C. and Brown, D. (1998) Entry into the Criminal Justice System: A Survey of Police Outcomes and Arrests, Home Office Research Study No.185.
———————— Number of Hours Clients Held in Custody a Phillips, C. and Brown, D. (1998) Entry into the Criminal Justice System: A Survey of Police Outcomes and Arrests, Home Office Research Study No.185.
For the purposes of our analysis, prosecution witnesses were split into three categories: police, expert and other. The number of each type of witness was derived from the witness statements in the prosecution bundle. The average number of prosecution witnesses was ten, and the highest eighty-six. As can be seen from Figure 4.24, there were substantially more police than expert witnesses. However, police witnesses often did little more than demonstrate continuous possession of evidence. 4.6.8
For the purposes of our analysis, prosecution witnesses were split into three categories: police, expert and other. The number of each type of witness was derived from the witness statements in the prosecution bundle. The average number of prosecution witnesses was ten, and the highest eighty-six. As can be seen from Figure 4.24, there were substantially more police than expert witnesses. However, police witnesses often did little more than demonstrate continuous possession of evidence. 4.6.8
Offence Category by Whether Identity Disputed
Offence Category by Whether Identity Disputed
There were marked differences in the rate of guilty pleas between offence categories, both initially and by the time of trial. Whereas 25% of clients charged with sex offences and less than 30% of clients charged with violence offences pleaded guilty initially to one or more count, more than 60% of those charged with dishonesty offences and 50% of the remainder did so (see Figure 4.27). By the time of trial, around a half of clients charged with sex offences pleaded guilty to one or more charge, whereas more than 80% of those charged with dishonesty offences did so. Clients facing drugs charges were the most likely to change their plea, whilst those charged with offences against the person (sex, violence and robbery) were the least likely to do so. Clients’ Initial and Final Pleas 4.9.2
There were marked differences in the rate of guilty pleas between offence categories, both initially and by the time of trial. Whereas 25% of clients charged with sex offences and less than 30% of clients charged with violence offences pleaded guilty initially to one or more count, more than 60% of those charged with dishonesty offences and 50% of the remainder did so (see Figure 4.27). By the time of trial, around a half of clients charged with sex offences pleaded guilty to one or more charge, whereas more than 80% of those charged with dishonesty offences did so. Clients facing drugs charges were the most likely to change their plea, whilst those charged with offences against the person (sex, violence and robbery) were the least likely to do so. Clients’ Initial and Final Pleas 4.9.2
There are a number of reasons why offence type may influence plea, and why varying proportions of initial not guilty pleas developed ultimately into guilty pleas. These relate to the nature of the offence and the defendant. Evidence relating to inter-personal offences of sex and violence is often more subjective than for offences such as theft or drugs. Drugs offences are difficult to characterise as two- sided affairs, whereas the subjective tests of consent and intent are not easy to prove. Identity is more likely to be disputed in a violent incident where the protagonists are unknown to each other; physical evidence may also be harder to come by. In contrast, dishonesty offences and robbery will often involve property that can be traced. Of those charged with offences with determinable aggravating factors, just over 40% of clients pleaded guilty from the start, whereas over 80% of those charged with offences with mitigating factors did so, notwithstanding the small numbers of the latter. The remainder were found to have had an initial plea rate between the two (50%). 4.9.3
There are a number of reasons why offence type may influence plea, and why varying proportions of initial not guilty pleas developed ultimately into guilty pleas. These relate to the nature of the offence and the defendant. Evidence relating to inter-personal offences of sex and violence is often more subjective than for offences such as theft or drugs. Drugs offences are difficult to characterise as two- sided affairs, whereas the subjective tests of consent and intent are not easy to prove. Identity is more likely to be disputed in a violent incident where the protagonists are unknown to each other; physical evidence may also be harder to come by. In contrast, dishonesty offences and robbery will often involve property that can be traced. Of those charged with offences with determinable aggravating factors, just over 40% of clients pleaded guilty from the start, whereas over 80% of those charged with offences with mitigating factors did so, notwithstanding the small numbers of the latter. The remainder were found to have had an initial plea rate between the two (50%). 4.9.3
Change in Number or Seriousness of Charges by Offence Category ).10 The sample files indicated a number of incidents of plea or charge bargaining. In Case 222, the CPS reluctantly accepted a reduction in charge from Section 18 to Section 20 wounding in return for a change of plea. A note on the file stated that:
Change in Number or Seriousness of Charges by Offence Category ).10 The sample files indicated a number of incidents of plea or charge bargaining. In Case 222, the CPS reluctantly accepted a reduction in charge from Section 18 to Section 20 wounding in return for a change of plea. A note on the file stated that:
Number of Days Between Key Dates
Number of Days Between Key Dates
4.12.3. There was a suggestion that conviction rates could depend upon which court dealt with cases. One junior barrister (J/B’HAM) stated: 12.4 Phillips and Brown found that all charges against a defendant were dropped in 14% of cases (57% for evidential reasons and 31% on public interest grounds), ''* although this was three times more likely in respect of domestic violence related charges. The discrepancy with our findings is in part due to the inclusion in our sample of only Crown Court cases, and in part to the possibility that partially worked cases were not offered to us for inspection by solicitors.
4.12.3. There was a suggestion that conviction rates could depend upon which court dealt with cases. One junior barrister (J/B’HAM) stated: 12.4 Phillips and Brown found that all charges against a defendant were dropped in 14% of cases (57% for evidential reasons and 31% on public interest grounds), ''* although this was three times more likely in respect of domestic violence related charges. The discrepancy with our findings is in part due to the inclusion in our sample of only Crown Court cases, and in part to the possibility that partially worked cases were not offered to us for inspection by solicitors.
Sentencing Pattern within the Sample Cases In three cases (Cases 36 47 and 158), the prosecution case was withdrawn due to witnesses not attending, but the defence agreed to a bindover or verbal caution.
Sentencing Pattern within the Sample Cases In three cases (Cases 36 47 and 158), the prosecution case was withdrawn due to witnesses not attending, but the defence agreed to a bindover or verbal caution.
Factors Associated with Increased Case Costs (Solicitors) 10 In the magistrates’ courts, some solicitors reported it was difficult to predict whether a case would come under the higher or lower standard fee arrangements, as there were numerous imponderables. One solicitor gave the example of a straightforward guilty plea on a shoplifting charge. This should be a lower standard fee case, but if it is adjourned for pre-sentence reports, then the magistrates decide that they need more information before they can sentence, and the defendant misses the next hearing, the case could easily go up into the higher bracket. Nevertheless, the magistrates’ court standard fee arrangements were described as ‘swings and roundabouts’ (NE/6), and there was general agreement that their introduction had not had an adverse effect on income levels. Indeed, some solicitors felt they had benefited financially from the introduction of standard fees (NE/9).
Factors Associated with Increased Case Costs (Solicitors) 10 In the magistrates’ courts, some solicitors reported it was difficult to predict whether a case would come under the higher or lower standard fee arrangements, as there were numerous imponderables. One solicitor gave the example of a straightforward guilty plea on a shoplifting charge. This should be a lower standard fee case, but if it is adjourned for pre-sentence reports, then the magistrates decide that they need more information before they can sentence, and the defendant misses the next hearing, the case could easily go up into the higher bracket. Nevertheless, the magistrates’ court standard fee arrangements were described as ‘swings and roundabouts’ (NE/6), and there was general agreement that their introduction had not had an adverse effect on income levels. Indeed, some solicitors felt they had benefited financially from the introduction of standard fees (NE/9).
Crown Court Solicitors’ Costs by Case Type
Crown Court Solicitors’ Costs by Case Type
Crown Court Solicitors’ Costs by Class of Offence Costs also varied greatly between cases involving different categories of offence. As noted in section 3.4, sex offence cases were the most expensive, averaging over £2,800. Robbery cases were the least expensive, averaging around £1,500. As can be seen from Figure 5.3, however, broad offence categories such as ‘dishonesty’ mask great differences in cost variation between the component offence categories. Dishonesty cases averaged £2,139 overall, burglaries averaged £750 and frauds £30,087. Whereas over nine-tenths of burglary cases cost less than £1,500, only around one-third of fraud cases did so. 83% of burglary cases qualified for standard fees compared to only 30% of fraud cases. Similarly, offences of violence averaged £2,007; wounding and assault cases averaged £1,220, with 65% qualifying for standard fees whereas only 5% of murder cases qualified. at an average overall cost of £19.187. The same would
Crown Court Solicitors’ Costs by Class of Offence Costs also varied greatly between cases involving different categories of offence. As noted in section 3.4, sex offence cases were the most expensive, averaging over £2,800. Robbery cases were the least expensive, averaging around £1,500. As can be seen from Figure 5.3, however, broad offence categories such as ‘dishonesty’ mask great differences in cost variation between the component offence categories. Dishonesty cases averaged £2,139 overall, burglaries averaged £750 and frauds £30,087. Whereas over nine-tenths of burglary cases cost less than £1,500, only around one-third of fraud cases did so. 83% of burglary cases qualified for standard fees compared to only 30% of fraud cases. Similarly, offences of violence averaged £2,007; wounding and assault cases averaged £1,220, with 65% qualifying for standard fees whereas only 5% of murder cases qualified. at an average overall cost of £19.187. The same would
Costs by Offence Category: Guilty Plea Cases
Costs by Offence Category: Guilty Plea Cases
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