Barristers Accuse Serco of Fuelling Criminal Backlog

The UK's criminal justice system is grappling with a significant backlog, and barristers are pointing the finger at outsourced services provider Serco. The company, which handles electronic tagging and prisoner escort services, has faced criticism for its handling of these responsibilities, contributing to the growing backlog of cases.

Serco's handling of electronic tagging and prisoner escort services has contributed to the criminal backlog through several specific actions. In 2013, Serco was accused of overcharging the UK government for these services, agreeing to repay £68.5m for the overcharges (Financial Times, 2024). In 2019, Serco was stripped of a tagging contract and fined £23 million after it was accused of charging the government for the electronic monitoring of people who were dead, in jail, or had left the country (Financial Times, 2024). In 2021, Serco faced criticism for delays in fitting electronic tags to offenders released early under the SDS40 scheme, leading to a backlog and putting pressure on probation officers (Prisons Minister Lord Timpson, 2024). Additionally, some probation officers suggested that they were having to breathalyse people who should be wearing alcohol monitoring tags, indicating that high-risk offenders were not being prioritized (Prisons Minister Lord Timpson, 2024).



These actions have contributed to the criminal backlog by creating additional workload for probation officers, delaying the monitoring of offenders, and potentially allowing high-risk individuals to go undetected. The financial implications for Serco and the UK government in addressing the criminal backlog are significant. Serco has faced financial penalties, including fines and compensation payments, while the UK government has had to bear the costs of early releases and additional monitoring requirements. To mitigate these costs in the future, improved communication and coordination between Serco, probation services, and the Ministry of Justice, enhanced risk assessment, strengthening contract terms and penalties, investing in technology and automation, and reviewing and adjusting early release policies could be considered.

Serco's past legal issues, such as the overcharging scandal and the deferred prosecution agreement, have also impacted its reputation and financial performance. The overcharging scandal in 2013 led to a 70% collapse in Serco's share price, indicating a severe loss of investor confidence and damage to the company's reputation (Financial Times, 18 June 2024). The deferred prosecution agreement (DPA) in 2019, where Serco admitted to overcharging and false accounting, further tarnished the company's image. The SFO's investigation into individual executives also contributed to this negative perception (Serious Fraud Office, 4 July 2019). The collapse of the trial against former Serco executives in 2021, due to disclosure failings by the SFO, raised questions about the company's past conduct and the effectiveness of the DPA process (Serious Fraud Office, 26 April 2021).

Serco has taken steps to address these concerns, including accepting responsibility for its past actions, paying fines and compensation, and implementing ongoing reporting obligations and improved internal controls. However, the company's financial performance and investor confidence may continue to be affected by these concerns until it can consistently demonstrate improved behavior and strong ethical standards.

In conclusion, barristers' accusations that Serco is fuelling the criminal backlog are supported by evidence of the company's past misconduct and its impact on the criminal justice system. Addressing the criminal backlog will require a concerted effort from Serco, probation services, and the UK government to improve communication, prioritize high-risk offenders, and strengthen contract terms and penalties. Serco must also continue to work on rebuilding its reputation and demonstrating strong ethical standards to regain investor confidence and maintain its position in the market.