CPS News Brief

CPS Diary - Week of 1 November

Monday 1 November

• Roshonara Choudhury's trial for the attempted murder of Stephen Timms MP begins at the Old Bailey.

• Karl Ness and Qhuram Awan, the associates of Raoul Moat, will be appearing for a plea and case management hearing at Newcastle Crown Court. Ness is charged with murder, attempted murder and robbery; Awan with attempted murder and robbery.

• There will be a hearing to fix a new trial date at Leeds Crown Court in the first prosecution for the use of cutting agents in drugs (defendants Dale, Cawley and Hartley).

Wednesday 3 November

• The Director of Public Prosecutions will be speaking at the Livia Awards Ceremony 2010.

Friday 5 November

• The four police officers charged with causing actual bodily harm to Babar Ahmad, Nigel Cowley, John Donohue, Roderick James-Bowen and Mark Jones, will appear at Southwark Crown Court for a plea and case management hearing.

CPS Update - Thursday 28 October 2010

In the News

• The Times' evaluation of the last two years since the DPP, Keir Starmer QC, has been in post talks about transparency in the CPS (subscription required). The article states that the organisation faces redundancies, but this is not what the DPP said and in his letter to the staff dated 20 October he stated:

“Inevitably in 2015 the CPS will be a smaller organisation with fewer staff. The recruitment controls in place since August 2009 have helped to reduce our staff numbers appreciably. At HQ, the number of posts, including at the most senior levels, has been reduced considerably and each HQ Director has now agreed a plan to reduce staff numbers by approximately 50% from the December 2009 baseline by the end of March 2014. In this connection we hope to offer a voluntary early release scheme this financial year.

“We will now be asking Groups to develop staffing profiles for the full period of the Spending Review, reflecting normal staff turnover rates and the application of an early voluntary release scheme in the next two years. Over the coming weeks we will commence discussions with our trade union colleagues with regard to the management of such a scheme, taking into account the proposed changes to the Civil Service Compensation Scheme which have yet to be finalised.

“We continue to be confident that, through careful planning, introducing smarter and better ways of working and offering those who wish to leave on voluntary terms the opportunity to do so, we can avoid compulsory redundancies. We are committed to this principle and wish to work with our managers, staff and trade unions to achieve this aim.”

The article also carries an inaccuracy in relation to the redeployment of lawyers following advocacy assessments – please see our earlier post.

• Reports in the Daily Mail and Independent of the case of Timothy Dale, a drug trafficker who was jailed for 18 years yesterday for masterminding an attempted one million euro (£873,700) cocaine deal. Following the conviction, Moira MacDaid, senior lawyer with the CPS Organised Crime Division, said:

“This case shows that where evidence is gathered by the police abroad it can still be used in courts in England and Wales, even when it includes foreign intercept evidence. 

“Faced with this compelling evidence of his criminal behaviour, Timothy Dale had no credible defence to the prosecution case and no option but to plead guilty.

“This is an excellent example of our building relationships with law enforcement around the world so we can work together to tackle international organised crime.”

CPS Update - Wednesday 27 October 2010

In the News

• Report of Her Majesty's Crown Prosecution Service Inspectorate (HMCPSI) on discharged committals, which says that some cases were discharged at the committal stage because of a lack of preparation on the part of the police and CPS. Here is our statement:

“There is much good work going on across the CPS, but this is an area which needs attention. While the proportion of discharged committals is small and going down – it reduced from 1.8 per cent to 1.5 per cent in the second quarter of 2010 - it is still too high.

“Both the CPS and the police are dealing with significant backlogs of cases for committal in some parts of the country , which results in cases being insufficiently prepared, and procedures not being followed. This is now being tackled directly by applying quality control measures. Firstly through the random sampling of 18,000 cases a year as part of our new Core Quality Standards monitoring system, and secondly, managers are implementing new checking procedures so that key issues are picked up more quickly and those responsible identified and given support as soon as possible. The performance in relation to discharged committals is also now a specific measure in the performance reviews of the most senior managers in the organisation.

“The CPS needs to change the way it works if we are to deliver the service that the public deserves, and this means tackling the wasted time spent preparing cases for trials that never happen and working better with the police to ensure that the right evidence is obtained at the right time. We are piloting schemes to improve the way we work - encouraging earlier guilty pleas to free up resources and the use of electronic case files so that we can move away from the antiquated paper-based system.

“We are grateful to the HMCPSI for their recommendations, which we are looking at as a top priority.”

Additional information:
The HMCPSI report found some examples of good work going on around the country to tackle these issues, and the CPS will be looking to see if some of these can be rolled out to other Areas.

For example:

• Training of police by CPS lawyers on the required quality of evidence to satisfy the courts.
• Dedicated member of staff allocated as responsible for checking that police are chased for further evidence in time for court hearings.
• Optimum Business Model is being implemented – which helps managers to check that lawyers are delivering at key stages of the prosecution process, including committal.
• Pre-warning courts in writing when cases are falling behind.
• Systems have been put in place to manage cases and keep victims informed, but staff are not being managed to use them when resources are stretched.
• “Bring forward” systems in place to flag up cases that need attention
• Effective tracking of cases for reinstatement through specific form which is attached to case file.

CPS Update - Tuesday 26 October 2010

In the News

• Five animal rights activists were sentenced yesterday at Winchester CC for terrorising over the years linked to the Huntingdon Life Sciences firm through a campaign of threats, intimidations and violence. Following sentencing, Alastair Nisbet, senior lawyer for the CPS Complex Casework Unit in Wessex, said:

“These defendants were not legitimate animal welfare protestors but people who were prepared to carry out criminal acts, which tormented and deeply distressed their victims, sometimes over a number of years.

“They threatened and intimidated those who were going about their lawful business because they personally objected to the victims supplying goods and services to Huntingdon Life Sciences (HLS).

“Those who have not been subject to such a campaign cannot understand how harrowing it is to be constantly on your guard against threatening letters and emails, vandalism to your home and car and even hoax bomb threats. Or what it’s like to have your neighbours and employers told, maliciously and repeatedly, that you are a paedophile.

“In common with the seven other animal rights extremists, who were sentenced to a total of 50 years in prison in January 2009, they were members of the discredited organisation SHAC – Stop Huntingdon Animal Cruelty - whose sole aim was to shut down HLS by any means necessary, regardless of the law.

“HLS carries out pharmaceutical product testing which is not only licensed and lawful, but is required by UK and European legislation. “Our society supports the right to free speech and to campaign peacefully, but where that behaviour is criminal, regardless of the perceived cause, a prosecution will almost certainly follow and, if convicted, a significant prison sentence.”

• Story of Jamie Merrett, who became brain damaged after one of the nurses who looked after him switched off his life support machine. We decided to take no further action against the nurse at the time. We issued the following statement:

“The Crown Prosecution Service was asked in August 2009 to consider a file of evidence in relation to an allegation of Grievous Bodily Harm (GBH) upon Jamie Merrett by one of the nurses who looked after him.

“Mr Merrett is tetraplegic and breathes via a ventilator requiring him to have round the clock care. We were asked to consider a charge under Section 20 of the Offences Against the Person Act 1861 against Violetta Aylward, a registered nurse, who, while she was looking after Mr Merrett, switched off his ventilator and was unable to turn it back on. Part of the evidence considered was CCTV footage which captured the incident.

"The evidence in this case was carefully reviewed. We could prove that serious harm had been caused as a result of the suspect’s action, however, we could not prove that Ms Aylward intended to cause harm or that her actions were reckless, which is the required mental element for the offence. We therefore decided that there was insufficient evidence to provide a realistic prospect of conviction.

"The Crown Prosecution Service informed the victim, his family, and the suspect of our decision at the time.”

• Media reported that the CPS we had been provided with further files in the case of black cab rapist John Worboys and decided to take no further action because it was not in the public interest to prosecute the case. The reports said that there could be 102 victims in this case. Our position is that we have seen no new material since the trial and we actually considered somewhere between 35 and 40 case files at the time. The arrangement with the police is that if there is strong evidence of allegations of serious offences we would consider any new files.

CPS Update - Monday 25 October 2010

In the News

• A report in Saturday’s Times, “Law chief orders radical reform of justice,” referred to the CPS’ advocacy assessment programme. It stated that 1,000 advocates were assessed and four per cent moved to other roles as a result. This is not quite right. To clarify:

There have been a little over 1,000 assessments of Crown Advocates and Associate Prosecutors last financial year and this year (not necessarily 1,000 people, as some may have had more than one assessment.) These were independent assessments with two QCs included in the team of assessors.

Ratings are awarded on a scale of 1-5:

1 = Outstanding

2 = Exceeds the required standard

3 = Meets the required standard

4 = Below the required standard in some aspects – this would result in extra support being given to the advocate

5 = Significantly below the required standard – this would result in immediate removal from court advocacy duties

The results were:

1% scored a rating of 1;

14% a 2;

80% a 3;

5% a 4; and

0% a 5 (That is rounded down. The figure is, in fact, a fraction of a percent)

This means that less than half a per cent of those assessed were found to be significantly below the standard required and were immediately removed from court advocacy duties. Five per cent were found to be below the standards required in some aspects, which would result in action being taken to improve their work. In all, 95 per cent of advocates met or exceeded the required standards.

CPS Diary

• The sentencing of Thomas Harris and other animal rights activists for a blackmail plot involving Huntingdon Life Sciences started on Friday and ends today at Winchester CC. Full background from an earlier linked trial is available here. Alastair Nisbet, senior crown prosecutor for the Wessex Complex Casework Unit, will be giving a statement on the steps of the court.

CPS Update - Thursday 21 October

Announcements

• The CPS Annual Lecture will be given this evening by Baroness Stern. The speech will be made available to the media under embargo early this afternoon and posted in the News Centre after it is delivered.

In the News

• Two youths were convicted yesterday for the killing of Robert Daley. It was widely reported that we had decided to take no further action against Daley for sexual offences against one of the defendants shortly before he was killed. Our statement is as follows:

“The Crown Prosecution Service had carefully considered all the evidence relating to those allegations against Mr Daley. The young female defendant in this case failed to assist police in that investigation and due to this and other conflicting evidence, the CPS was not satisfied on the evidence available that there was a realistic prospect of conviction and in the circumstances decided that no further action should be taken. This was communicated to all parties.”

• Tony Connell, a reviewing lawyer for CPS London, was profiled as the Lawyer of the Week in the Times today for the successful prosecution of two men for operating a website for sperm donors without a licence. It is available in the Law section of the Times (subscription required).

CPS Diary

• Thomas Harris and other animal rights activists will be sentenced at Winchester CC today for a blackmail plot involving Huntingdon Life Sciences. Full background from an earlier linked trial is available here. We will be releasing a statement afterwards.

CPS Update - Wednesday 20 October

In the News

• Saudi prince Saud Abdulaziz bin Nasser al Saud was sentenced to life imprisonment with a minimum term of 20 years today at the Old Bailey for the murder of Bandar Abdulaziz. Jenny Hopkins, head of the Homicide Unit of CPS London, said:

“This is a tragic case where Bandar Abdulaziz died as the result of a ferocious attack at the hands of Saud Abdulaziz bin Nasir Al Saud in what was not an isolated incident.

"The victim, Al Saud’s aide, was involved in a deeply abusive relationship, which the defendant exploited for his own gratification.

"The defendant claimed that the victim was an equal or a friend but prosecution witnesses said that Mr Abdulaziz was more a servant and also described the nature of their relationship as being of a sexual nature.

"The jury saw CCTV footage of the defendant attacking the victim in the weeks leading up to his final act of violence. The attack leading to Mr Abdulaziz’s death was extremely brutal and the evidence showed that he had been so worn down by the violence he had become incapable of any effective resistance.

"I would like to thank the prosecution team for the way this case has been handled. The CPS takes domestic violence very seriously and is determined to prosecute such cases robustly.

"This case demonstrates that the CPS prosecutes cases fairly regardless of the status of the victim or defendant.”

CPS Diary

• Thomas Harris and several other animal rights activists will be sentenced at Winchester CC tomorrow for a blackmail plot involving Huntingdon Life Sciences. This conspiracy involved a large number of defendants so the case was split into two trials - the full background is available in our press release on the outcome of the earlier trial. We will release a statement.

• Ian Bowrem, the last person to face a trial in relation to the Securitas robbery, was due to be sentenced at Maidstone CC tomorrow after pleading guilty to one count of money laundering in August. That hearing has been rescheduled to 4 November.

CPS Update - Tuesday 19 October

In the News

• Tracy Dawber was convicted yesterday for her involvement in the Little Ted's child abuse ring. Ann Reddrop, our reviewing lawyer and Head of the South West Complex Casework Unit, made a steps of court statement that was carried live on BBC News and Radio 5 Live. Her full statement and details of the case can be found in our press release.

• The House of Lords Privileges and Conduct Committee recommended yesterday that Baroness Uddin should be suspended from the House and return claimed expenses. We are now considering their report.

CPS Diary

• The Court of Appeal will hear the application for leave to appeal against the conviction and sentence of Frances Inglis at the Royal Courts of Justice tomorrow. Mrs Inglis was convicted for murdering her son in January.

CPS Update - Monday 18 October

In the News

• The IPCC announced on Friday that they are taking over the investigation into an officer from the MPS Sapphire Unit who allegedly sent discontinuance letters pretending to be from the CPS. We have been liaising with the police to help their investigation and have checked our records relating to a number of matters that they’re looking into. We have only identified one ongoing case involving this police officer which we fully reviewed. We are content that there remains sufficient evidence for a realistic prospect of conviction in that case.

• The Sunday Telegraph said yesterday that three peers face suspension from the House of Lords in relation to the expenses scandal. Their printed report included a quote from a former head of the Committee on Standards in Public Life who said it was very surprising that we had not authorised any charges against Baroness Uddin earlier this year. The full explanation for our decision in that case can be found here.

• The Independent carried a letter from Mike Kennedy, our Chief Operating Officer, on Saturday in response to an opinion piece by Andreas Whittam Smith that was critical of the CPS. The letter was as follows:

Andreas Whittam Smith asks if the CPS is working effectively, based on the examples of three cases (A criminal injustice, 14 October). I can reassure him it is. The vast majority of the one million cases we prosecute – with conviction rates of 86.8% in the magistrates’ courts and 80.7% in the Crown Court - go through the system without such issues. However, where things do go wrong we admit our mistakes and take steps to ensure they are not repeated.

Far from “tying itself in knots” as the article suggests, the CPS has recently introduced 12 Core Quality Standards (CQS) which tell the public in detail exactly what they can expect from us and give prosecutors clear standards they must meet; it is a powerful means of embedding quality into our Service. We are monitoring the operation of CQS and early signs indicate a high rate of compliance. We will be publishing the data later next year.

CPS Diary

• Jury may retire in the case of Tracy Dawber at Winchester Crown, charged with sexual assault and indecent photographs; linked to the Little Ted's Nursery case involving Colin Blanchard and Vanessa George. CPS lawyer Ann Reddrop will give a statement on the steps of the court once a verdict is reached.

CPS Diary - Week of 18 October

What's coming up in the CPS Diary for the week beginning Monday, 18 October: 

Monday, 18 October

• Jury may retire in the case of Tracy Dawber at Winchester Crown, charged with sexual assault and indecent photographs; linked to the Little Ted's Nursery case involving Colin Blanchard and Vanessa George. CPS lawyer Ann Reddrop will give a statement on the steps of the court once a verdict is reached.

• There is a two day hearing, beginning today, at the Supreme Court for Elliot Morley and Others in the Parliamentary Expenses case.

Wednesday, 20 October 

• Mike Kennedy, Chief Operating Officer of the CPS, is guest speaker at the Law Society's Annual Criminal Law conference.

• Application for leave to appeal at the Court of Appeal, Royal Courts of Justice, by Frances Inglis, convicted of the murder of her son Tom in January 2010. Mrs Inglis is appealing the conviction and sentence.

Thursday, 21 October

• CPS Annual Lecture - Baroness Stern will speak on "The Crime of Rape and Support for Victims".

• Ian Bowrem, the last of the Securitas robbery case defendants, is due to be sentenced for money laundering at Maidstone Crown Court. 

• Six Members of Stop Huntingdon Animal Cruelty (SHAC) - Harris, Tapping, Whitehead, Mullan, Vosper, Fitzpatrick - are due to be sentenced at Winchester Crown Court today following a lengthy investigation into animal rights extremism.

CPS Update - Friday 15 October

In The News

• Reports today about the announcement to axe Government quangos mentions the CPS as merging with another organisation. This is a reference to the meger between the CPS and the Revenue and Customs Prosecution Office (RCPO) which took effect from January 1, 2010. The Public Bodies Bill, to be introduced shortly, will confirm the merger in statute. The merger was originally announced by the Attorney General in April 2009.

CPS Diary

• Terry Bryant is due to be sentenced today at Reading Crown Court for the rape, sexual assault and kidnap of teenage girls. Contact CPS Press Office for a statement on the case.

• Gareth Hemingway is due to be sentenced today at Leeds Crown Court for posting racist videos on YouTube. Contact CPS Press Office for a statement on the case.

CPS Update - Thursday 14 October

In The News

• The death of Ian Tomlinson: letter from Keir Starmer QC to Jenny Jones. Releasing a response to Jenny Jones today, the Director of Public Prosecutions, Keir Starmer QC, said:

"In light of the recent findings by the General Medical Council on Dr Patel's fitness to practise, the Crown Prosecution Service has reconsidered the decision not to prosecute PC Harwood for the manslaughter of Mr Ian Tomlinson. This was a matter raised in a letter to me from Jenny Jones, a member of the Metropolitan Police Authority. In the interests of transparency and accountability, I am taking the unusual step of making my reply to Ms Jones public and from today onwards a full copy of my letter to Ms Jones is available on the CPS website. I urge all those with an interest in this case to read it carefully and thoroughly."

The full letter is available here.

• We have sent a letter to the Independent newspaper in response to comments about the CPS published today in a column by Andreas Whittam Smith. Any media who are considering following up these comments should contact CPS Press Office on 020 3357 0906 for our response.

• Jonathan Vass has been sentenced to life imprisonment with a minimum tarrif of 30 years. Jonathan Vass pleaded guilty to murdering his former partner, Jane Clough, while on bail for a number of rape and assault offences against her. The CPS had opposed bail on 11 December 2009 on the grounds that the defendant would commit further offences whilst on bail and/or would interfere with witnesses or obstruct the course of justice. The remaining counts on the indictment that included the rape charges lie on file. The court was told this does not amount to dropping the charges, even less should it be regarded as casting any doubt upon the validity of the allegations or the integrity of the person or persons making them. The reason for the offences to lie on file is the fact that the defendant pleaded guilty to the most serious crime of murder, which carries a mandatory sentence of life imprisonment.

CPS Update - Wednesday 13 October

In the News

• The Guardian is reporting this morning, in advance of the visit by Foreign Secretary William Hague to Moscow, on comments by Andrei Lugovoy who is wanted for the murder in London of Alexander Litvinenko.

In its report the Guardian says the CPS charged Mr Lugovoi with Mr Litvinenko's murder in May 2007. This is not correct. The CPS announced at that time it was seeking Mr Lugovoi's extradition from Russia for the murder but he has not been charged. Our position remains that we are still seeking Mr Lugovoi's extradition and the appropriate place for a trial is in this country.

CPS Update - Friday 8 October

In the News

• The BBC is reporting this morning about an assault case in London in which a complainant did not get the service she was entitled to expect from the CPS. Our response is as follows: Alison Saunders, Chief Crown Prosecutor CPS London, said:

“I would like to offer my apologies to the complainant in this case as it is clear that she did not receive the service to which she was entitled and which we provide as a matter of policy. I have asked for a full enquiry into the circumstances which led to our decision to offer no evidence in this case. Once that is concluded, I will offer to meet with the complainant to advise her of the steps we have taken to ensure these unsatisfactory circumstances are not repeated.”

• There is a lot of coverage today of the verdict in the inquest into the death of Mark Saunders. Our full statement yesterday said: “In line with guidelines from the Attorney General, the Crown Prosecution Service always considers whether any significant new evidence has arisen from an inquest where someone has died after contact with the police. This case is no different, and we will be looking to see if any such evidence has emerged from the inquest into the death of Mark Saunders”.

CPS Update - Thursday 7 October

In the News

• The Sun reports today that ten people have been arrested over the killing of PC Keith Blakelock during the Broadwater Farm Estate riots of October 1985 and that CPS lawyers 'are studying an interim report into a new investigation'. To clarify: CPS lawyers have provided advice and guidance in relation to a number of evidential issues submitted by the police, whose enquiries are continuing. We are not in a position to say when we might receive a full file of evidence in relation to this case.

• The Legal Executive Journal highlights the recognition given to a CPS Associate Prosecutor for her work in developing the National Schools Project. Andrea Charity, of Derbyshire CPS, has been shortlisted in the Public Servant of the Year category of the women in public life awards. The project has also been shortlisted for the 'understanding and engaging with communities' award. Both are part of the Civil Service Diversity and Equality Awards. You can read the full article here, if you are a subscriber.