Managerialism and the Erosion of Professional Discretion: The Case of the Crown Prosecution Service

Public prosecutors must balance professional autonomy with the imperative of maintaining public trust. The conflicting objectives their role entails demand that they enjoy broad discretion. Yet, they must also uphold public confidence with the legitimacy of the role resting on transparency and accountability. This article examines how the Crown Prosecution Service (CPS) has sought to balance these two aspects through policy-making. The rise of managerialism in public services, including the CPS, has introduced control mechanisms to monitor staff performance. Drawing on Foucauldian understandings of disciplinary power, the article shows how these practices also create unspoken norms that constrain staff discretion and de-professionalise CPS lawyers. The judicial review case brought by the End Violence Against Women (EVAW) coalition against the CPS in 2021 exemplifies this phenomenon, showing how internal performance targets and managerial practices led to a cautious approach in prosecuting rape cases. This example of how audit culture can distort organisational objectives by reshaping lawyers’ roles and ultimately eroding their capacity to uphold the rule of law captures the process of de-professionalisation. However, as the EVAW case indicates, this de-professionalisation not only impacts lawyers but also has significant repercussions for victims and could erode public trust in the justice system.