PROSECUTION lawyers have hit back at suggestions that they drop too many cases and allow too many people to face reduced charges.

The explanation is contained in the first annual report of the Crown Prosecution Service's Burnley branch, which covers police investigations in East Lancashire.

The report shows that in 1996 the CPS completed 16,336 cases in the area's magistrates courts and 1,819 in Crown Court.

Eighty-three per cent of the 10,520 cases which proceeded to a hearing before magistrates resulted in guilty pleas.

And 85.6 per cent of those committed for trial at crown court resulted in guilty pleas.

Only 1.5 per cent of hearings at magistrates court resulted in cases being dismissed and the acquittal rate at crown court was just 6.9 per cent.

The report says that witnesses and victims ask the key questions: Why doesn't the CPS prosecute in every case? Is the CPS discontinuing too many cases? And why does the CPS reduce charges?

Duncan Birrell, who has acted as deputy branch crown prosecutor to Peter Tidey for the last year said: "The CPS will only prosecute if there is a realistic prospect of conviction and it is in the public interest to do so. "The decision to discontinue a case can be more difficult than a decision to prosecute. Discontinuing is by no means an easy option.

"About three-quarters of cases discontinued have to be stopped for evidential reasons beyond CPS control.

"For example, witnesses fail to appear, refuse to give evidence or change their story, driving documents are produced at court or gaps exist within the evidence that cannot be closed.

"There is no advantage in proceeding with more charges than are necessary.

"What is important is that the appropriate charge or charges selected reflect the seriousness of the case, give the court adequate sentencing powers and allow the case to be presented in a clear and simple way."

Throughout the year, the branch has carried out initiatives to improve its performance and work with others.

Moves have also been made to help victims and witnesses, monitor racism cases and ensure it is presented as an aggravating factor to the court and help reduce domestic violence.

Mr Birrell added: "We share the public's concern that criminals should be prosecuted successfully.

"The branch has been working hard with the police and other agencies to improve performance and efficiency across the whole of the criminal justice system."

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