CPS News Brief

CPS update - Friday 24 December

Christoher Killick was convicted yesterday at the Old Bailey of two historic sexual offences against disabled victims. He will be sentenced at the end of January. Alison Saunders, Chief Crown Prosecutor for CPS London, said:

“The Crown Prosecution Service is determined to achieve justice for all.

“I would like to pay tribute to the victims and witness in this case for their patience and determination in giving evidence in this trial. Without them, Christopher Killick would never have faced the consequences of his actions. He subjected these men to appalling acts of sexual violence when he knew their disabilities meant they were unable to stop him. He is a very dangerous and manipulative man.

“During the trial we were faced with a unique and challenging set of circumstances but in bringing this case we have shown our belief that justice should be secured for every member of our society who needs it. I would encourage victims to come forward, whatever their circumstance in life, with confidence that we will do all we can to seek justice for them.”

As the witnesses in this case were wheelchair-users and could not communicate without the use of voice machines or the help of intermediaries, the CPS asked them what additional support they may need. As a result the following actions were taken to ensure an effective trial:

• A pre-trial hearing was held with the judge so that court arrangements, such as how frequently there would be breaks to prevent the experience becoming too tiring, could be decided in advance;
• We arranged for extra BLISS symbols to be designed to enable the complainants to answer questions from prosecution and defence counsel in more detail;
• We applied for a screen so that the complainants did not have to see the defendant when they gave evidence;
• When transport systems were badly affected by snow we arranged overnight accommodation for the complainant who was giving evidence at the time, with adjoining accommodation for his carers.

Christopher Killick was convicted at the Central Criminal Court of buggery between 1990 and 1992 and of sexual assault in 2005.  He was acquitted of rape.

CPS Update - Wednesday 23 December

Just to confirm that the CPS Special Crime Division yesterday received a further file of evidence from the Metropolitan Police in relation to Parliamentary expenses. This is now the tenth such file that we have received. We have charged six people and former MP David Chaytor pleaded guilty this month to three counts of false accounting.

CPS Update Wednesday 22 December

• CPS has today announced the below decision:

 

CPS DECIDES NO CHARGES CAN BE BROUGHT AGAINST MEMBERS OF ENFIELD CRIME SQUAD

 The Crown Prosecution Service has today decided that no charges will be brought against any member of the Enfield Crime Squad after allegations that they assaulted and abused suspects and mis-appropriated their property. 

 The CPS Special Crime Division carefully reviewed files of evidence submitted by the Independent Police Complaints Commission (IPCC) and the Metropolitan Police Service’s Directorate of Professional Standards (DPS) in relation to 15 members of Enfield Crime Squad. 

 The evidence gathered by the IPCC related to an allegation that in November 2008, during the course of a search of a house for drugs, members of the squad assaulted and abused two men in their custody.  The men claimed they had been beaten and one alleged an officer attempted to hold his head under water. 

 Simon Clements, head of the CPS Special Crime Division, said:    “Both men provided statements to the IPCC but their accounts substantially contradicted each other and their identification of the officers allegedly involved was clearly wrong.  Their claims were further undermined by the lack of medical evidence to support claims of repeated assault.  In the absence of reliable, corroborative evidence there is no realistic prospect of a conviction against any officer.

 “Put simply, events could not have happened as the two men described them.”

 The evidence submitted by the DPS included an allegation that in June 2008, officers used excessive force to stop a stolen car. There were also allegations that between 2008 and 2009, officers took suspects’ property such as electrical goods and cars, including a Mercedes, for their personal use.

 Mr Clements said:   “I looked very carefully at the evidence submitted by the DPS and concluded that in no instance was there sufficient evidence to reach the criminal standard for prosecution.

“In particular I considered whether a number of officers could be charged with misconduct in public office for using excessive force when detaining a disqualified driver in a stolen car. 

 “The driver of the stolen car would not assist the DPS investigation and the officers justified their approach by saying they had been told the driver was dangerous and had a history of carrying weapons and violence towards police officers.  In those circumstances it was impossible to prove that the force used was not proportionate or reasonable.”

 Speaking about the allegations relating to suspects’ property, Mr Clements said: “The squad was also accused of misusing a system that allows suspects to ‘disclaim’ ownership of property found in their possession.  From reviewing the evidence, I found this system had been used to circumvent formal police procedures for the seizure and proper disposal of criminal property. 

 “The officers said they believed they were seizing stolen property or property obtained using criminal proceeds, and understood that the Proceeds of Crime Act allowed them to do so.  They said their approach was condoned and supported by their managers.  There was no evidence that the seized items were put to officers’ personal use, rather than deployed in police-related activities.

 “At the request of the CPS, the DPS interviewed a number of the squad’s senior managers.   While not confirming knowledge of specific actions, the managers accepted they had been generally aware of what was happening.  Without being able to prove any specific knowledge, the managers could not be prosecuted.

 “Their evidence also means that we could not charge the officers with theft because, given the open way their actions took place within the police station, we would not be able to prove they acted dishonestly. For the same reason they could not be charged with misconduct in public office as recent case law shows where the substance of the allegation under consideration is the dishonest appropriation of property, we would need to prove they had acted dishonestly to prove that offence too.

 “It is clear that internal police procedures were flouted and breached on a regular basis. But we cannot prosecute members of a squad unless we can show to the criminal standard that they acted dishonestly.”

This case has been very carefully reviewed by experienced lawyers within the CPS Special Crime Division including the head of the division.  The papers were also sent to a senior QC with unrivalled experience in the law relating to misconduct by police officers.  Counsel concurred with the decision reached by the Special Crime Division.   

CPS Update - Tuesday 21 December

• Speaking outside Leeds Crown Court today after the conviction and sentencing of triple murderer Stephen Griffiths, Peter Mann, Head of CPS West Yorkshire’s Complex Casework Unit, said:

“Faced with the overwhelming evidence presented against him, and after he was confronted with the horror of what he had done, Stephen Griffiths today pleaded guilty to the murder of Suzanne Blamires, the murder of Shelley Armitage, and the murder of Susan Rushworth.

“Few people in Bradford are likely to forget the horrific events which led to Griffiths being arrested and charged with these murders in May this year. It was the start of a complex process by my team at the Crown Prosecution Service to build a robust prosecution case. The case, based on the evidence painstakingly-gathered by the West Yorkshire Police, overwhelmingly proved Griffiths’ guilt.

“We cannot begin to understand what drove this cold-hearted and manipulative individual to take three lives in such a brutal and senseless way. The sentence handed down today reflects the truly appalling nature of his crimes. We hope that this result has brought some small measure of comfort to the families of Suzanne, Shelley and Susan, who have suffered a harrowing ordeal as a result of Griffiths’ crimes. They are at the forefront of all our minds today.”

• After the inquest into the death of barrister Mark Saunders we looked to see whether any significant new evidence had arisen. Sally Walsh, the reviewing lawyer from the CPS Special Crime Division, said today:

“Following the verdict at the inquest into the death of Mark Saunders, I have been considering whether any significant new evidence arose which would be capable of affecting my original decision. Having considered a full transcript of the inquest hearing, and a report of the inquest submitted by the IPCC, I have concluded that my decision remains the same. There remains insufficient evidence to charge any officer in relation to the tragic death of Mark Saunders. I would again extend my sympathies to Mr Saunders’ family.”

CPS Update - Monday 20 December

• We have advised the Independent Police Complaints Commission that Paul Cook, a customs officer, should be prosecuted for misconduct in public office and conspiracy to pervert the course of justice.

The reviewing lawyer from the Special Crime Division, Sally Walsh, said:

“I have advised the IPCC that Mr Cook should be summonsed to appear at City of Westminster Magistrates’ Court on 11 January 2011.

“The charges relate to a period from 1993 to 2001, when Mr Cook was an officer of Her Majesty’s Customs and Excise, and worked in the National Investigation Service.

“I have reviewed a file of evidence from the IPCC and have decided there is sufficient evidence for a realistic prospect of conviction so that a jury could reasonably conclude that his conduct fell significantly below the standards the public are entitled to expect from someone in his position.

“I considered the public interest very carefully in deciding whether Mr Cook should be prosecuted given the length of time which has elapsed for some of these allegations. However, the seriousness of the offences and the allegations mean I have decided the public interest requires a prosecution.

“Mr Cook now faces prosecution for criminal offences and has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice his trial.”

CPS Update: Friday 17 December

• As expected, there is a lot of coverage today of the bail appeal hearing for Julian Assange yesterday. We provided this statement to media who called us:

“The Crown Prosecution Service acts as agent for the Swedish Government in the Assange case. The Swedish Director of Prosecutions this morning (16 December) confirmed that she fully supported the appeal.”

• The third CPS annual hate crime report has now been published on our website. Dale Simon, Director of Equality and Diversity Unit for the Crown Prosecution Service said:

“The third annual hate crime report published today shows that the CPS is continuing to make good progress in prosecuting hate crime. While the volume of prosecutions has increased the conviction rate remains the same in comparison with last year.

“This increase in prosecutions indicates that we are getting better at identifying cases of hate crime and that our staff has a better understanding of these types of cases. However there is still room for more progress and no room for complacency. We are determined to improve the quality of our prosecutions in all hate crime cases.

“Our work with charities and the feedback from our Hate Crime Scrutiny Panels are invaluable in helping us shape our guidance to prosecutors so that they can build stronger cases.

“We started to monitor our performance in prosecuting crimes against older people in 2008/09. The figures are encouraging as they show a large increase in the number of prosecutions since last year and also that our successful outcome rate has improved. The report is an important element of our accountability and transparency policy.”

CPS Update - Thursday 16 December

DPP Announces Measures to Strengthen Rape Prosecutions

The Director of Public Prosecutions, Keir Starmer QC has announced a series of changes to strengthen rape prosecutions and instil greater quality and consistency into the processes by which crimes of rape are prosecuted. An article written by the Director about the announcement has appeared in the Guardian newspaper. The Press Release announcing the changes can be read here.

A key element of these measures will be to seek the views of interested parties about the factors which should be considered before prosecuting people for perverting the course of justice connected with rape cases with a view to drawing up new guidance. This exercise will be launched in the New Year.

Further changes announced are:

• any prosecutor across England and Wales who considers charging a person who has retracted an allegation of rape with an offence of perverting the course of justice will now need the DPP’s approval before they can proceed;
• reinforcing the ‘merits-based’ approach to rape prosecutions by dealing effectively with myths and stereotypes;
• introducing Violence against Women (VaW) assurance measures from 1 January which require all CPS areas to monitor their handling of VaW cases and, where necessary, remedial action will be taken to ensure a consistent national approach;
• improving the quality of communications with victims.

CPS Update - Monday 13 December

• Mark Weston was convicted of the murder of Vikki Thompson today at Reading Crown Court. He had previously been tried and acquitted of her murder 15 years ago. The following statement was released:

Denis Burke, senior lawyer from CPS Thames and Chiltern said today:

"Jonathan Thompson and his children have waited 15 long years and have today seen justice for the murder of his wife and their mother.

"Vikki Thompson was savagely attacked on a warm August afternoon in a peaceful Cotswolds village while she was walking her dog, Daisy. When Daisy returned alone to their house, Jonathan knew straight away that something was wrong. No one can imagine his state of mind as he took his children on a desperate search for her in their car.

“Thames Valley Major Crime Review Team presented the CPS with new evidence in March 2009. As a result of a change in the law in 2005, which allows someone to be retried for a serious offence despite a previous acquittal, the Director of Public Prosecutions, Keir Starmer QC, gave his consent for an application to be made to the Court of Appeal for the acquittal to be quashed and a retrial to be held.

“The new and compelling evidence was small bloodstains found on the defendant’s boots, which matched Vikki Thompson’s DNA. Weston had always denied knowing her or being at the scene on that day. He could not explain to the jury in this trial how the blood had got on to his boots.

“Forensic scientists told the court that the blood was wet when it came into contact with Weston’s boots. This was the prosecution’s case that accidental contamination could be excluded.

“The court was told that during the course of the afternoon, while she was walking her dog down a country lane, Vikki Thompson saw Weston watching her as he performed a sex act. It was our case that he was concerned that she might tell someone about what she just had seen and so he chased her and violently attacked her.

“The attack was so violent that Vikki Thompson was never able to say who carried it out, and she died six days later in hospital. This is a tragic case that has shaken this normally peaceful, pretty village.

“This prosecution would not have been possible without the thorough re-investigation of the case by the Thames Valley Major Crime Review Team and the experts involved.

“The jury was satisfied that Weston was the murderer of Vikki Thompson. We would like to thank all the witnesses who came forward, in particular Mr Thompson who had to relive this terrible tragedy.

“We hope that this conviction will bring some comfort after all these years to Mr Thompson and his children, Vikki’s family, and all their friends.”

• A letter in the Guardian today discusses proposed legislation which would give the DPP the power of veto over arrest warrants for crimes of universal jurisdiction.  This contains some misconceptions about the role of the DPP and we are considering our response to the letter.

• The following statement explains the CPS decision to discontinue the case against Newcastle footballer Andrew Carroll. A CPS spokesman said:

“We take all cases such as this extremely seriously and we considered the evidence initially provided by the police and decided the correct charge was one of assault by beating. We have a duty to keep cases under constant review and once we received a full file of evidence before the trial we looked at the case again.

"Having reviewed all the evidence now available, we have decided there is no longer a realistic prospect of conviction and we are no longer proceeding with the case against Andrew Carroll. We have sent a letter explaining our decision to the victim.”

 

Phone hacking allegations: Statement from Director of Public Prosecutions

The Director of Public Prosecutions, Keir Starmer QC, said today:

“In September 2010 the New York Times published allegations that phone hacking at the News of the World newspaper was more widespread and more widely known than was outlined at the 2007 prosecution of Clive Goodman and Glenn Mulcaire.

“This prompted a number of associated reports and wide media coverage and speculation.

“The police have investigated these allegations and, on 12 November 2010, requested advice from the Crown Prosecution Service about the prospects of bringing criminal charges against anyone for offences relating to the interception of communications.

“Sean Hoare, who made significant allegations in the New York Times and elsewhere, was interviewed by the police but refused to comment. A number of other witnesses were interviewed and either refused to cooperate with the police investigation, provided short statements which did not advance matters, or denied any knowledge of wrongdoing.

“Against that background, there is no admissible evidence upon which the CPS could properly advise the police to bring criminal charges. The contents of the reports in the New York Times and the associated reports and coverage are not enough for criminal proceedings unless those making allegations are prepared to provide the police with admissible evidence to support their assertions. None have been prepared to do so.

“It is possible that further allegations will be made and the CPS remains willing to consider any evidence submitted to us by the police. To facilitate this, the CPS and the Metropolitan Police Service intend to convene a panel of police officers and prosecutors to assess those allegations with a view to determining whether or not investigations should take place.

“I have made it clear that a robust attitude needs to be taken to any unauthorised interception. But a criminal prosecution can only take place if those making allegations of wrongdoing are prepared to cooperate with a criminal investigation and to provide admissible evidence of the wrongdoing they allege.”

CPS Update - Friday 10 December

In the News

• There are reports this morning about Nathan Sparrow, who was prosecuted for entering a gym using another person’s identity, that suggest the prosecution was not a proportionate response to his offending. CPS Leicestershire has released this statement on the case:

“The defendant has pleaded guilty to fraud by misrepresentation under the Fraud Act 2006, which is a very serious offence, and not the mere theft of 50p. His guilty plea clearly acknowledges his criminal conduct and the seriousness of his actions in using another person’s identity. Given the seriousness of identity theft, this is an entirely correct prosecution to bring and has been dealt with appropriately through the courts.

“The decision to prosecute in fraud cases is not determined only by the amount of loss, but on the level of criminality involved. The victim in this case indicated that this level of fraud is a serious matter for them. Taking the wishes of the victim into consideration it is only right and proper that this type of crime should be prosecuted so that they do not incur further loss through dishonesty of this nature.”

The court was told that Nathan Sparrow had previous convictions for dishonesty and the offence was committed while on bail for another matter.

• Nazir Afzal, our community liaison director, spoke to the Evening Standard yesterday about the dangers of cyberstalking. Find out more about our new guidance for prosecutors on stalking and harassment cases.

• We can confirm that we have received the ninth file of evidence in relation to Parliamentary expenses, as announced by the Metropolitan Police yesterday. A decision will be taken by our Special Crime Division in due course.

CPS Diary

• The jury is likely to go out today in the trial of Mark Weston for the murder of Vikki Thompson.

• The trial of Lord Hanningfield in relation to Parliamentary expenses, which was scheduled to begin on Monday 13 December, has been postponed. No new trial date has been set yet.

CPS Update - Wednesday 8 December

In the News

• Both Julian Assange, founder of Wikileaks, and Shrien Dewani, husband of the woman who was killed while on honeymoon in South Africa, have appeared at the City of Westminster Magistrates’ Court in the past 24 hours in relation to extradition requests from foreign jurisdictions.

We have been asked similar questions about the extradition process several times, so we thought it would be helpful if we shared some Q&A with our readers:

1. What is the CPS’s position? Why are you ‘prosecuting’ these cases?

The CPS is not prosecuting these cases. We act on behalf of the foreign jurisdiction in court and follow their legal instructions. We must do so if the UK has an extradition agreement with them (as they must do for us in their jurisdiction whenever we submit an extradition request to them).

Any questions about why a request has been made should be directed to the authorities in the country that made the request. Neither the CPS nor the DPP have any role in decision making on extradition requests from foreign jurisdictions.

2. How long will the extradition process take?

As soon as someone is arrested on an extradition warrant, they appear in court as soon as possible – sometimes on the same day, but usually within 12 to 24 hours – for the first hearing. This is adjourned for a full extradition hearing, which will normally happen within several weeks of the suspect’s first appearance at court. If the extradition is ordered, the suspect has the right of appeal. It is impossible to predict how long the entire process will take. The aim of the European Arrest Warrant (EAW) is to make the procedure as swift as possible while observing the due process of the law.

3. Why can the court deny bail?

The court can refuse to grant bail on three grounds: the risk of further offending, the risk that the suspect will interfere with witnesses and the risk that the suspect will flee. It is for the court to determine how serious these risks are and decide whether the risk justifies the suspect being remanded in custody.

4. Where are suspects held if they are refused bail?

Custody arrangements are a matter for the police and the National Offender Management Service, not the CPS.

If you’d like to learn more about the extradition process, please see the Extradition fact sheet in our News Centre. You can also read our in depth legal guidance.

• A report in the latest edition of Private Eye questions our decision not to bring any charges in relation to the death of a young moped rider, Ryan Stewart, in Gloucestershire, who died following a collision with a car driven by a police officer. The inquest concluded his death was accidental. Our full explanation is as follows and attributable to a CPS spokesperson:

“This case was reviewed by a District Crown Prosecutor and it was decided that there was not a realistic prospect of convicting Miss Dover of a criminal offence. An inquest has taken place and a verdict returned of accidental death. We have not at this stage been invited by the police to re-consider our decision as we understand that no further evidence was heard by the Coroner in addition to that considered by the CPS under the Code for Crown Prosecutors.”

CPS Diary

• The sentencing at Bristol Crown Court of three defendants in the Little Ted's nursery abuse case, including Colin Blanchard, that was scheduled for tomorrow has been postponed to the New Year.

Welcome from the Director of Public Prosecutions

The CPS News Brief will keep you up to date with national news coverage of the CPS, both good and bad, and our responses, as well as the latest developments in court cases of interest. Keir Starmer QC, the DPP, welcomes you to the new blog:

“I believe that openness and transparency should be the hallmarks of the criminal justice system. I want the public to know more about our work and to understand better our decisions.

“This blog is the latest step in that direction. It will keep the public up to date with what we are doing and explain why we have done it.”

Subscribing by RSS is the best way to receive every update made to the CPS News Brief. Just click on the RSS icon to the right and add the feed to your browser’s reader by adding it as a favourite (or subscribe directly to the feed through http://blog.cps.gov.uk/atom.xml).

CPS Diary – Weeks of 6 & 13 December

This week: 6-10 December

Monday 6 December

• Martin Smith’s trial begins today at Manchester Crown Court. He is charged with three rapes, three attempted rapes, four indecent assaults and indecency with a child. Some legal argument is expected, but the prosecution will begin this afternoon or tomorrow.

Tuesday 7 December

• Bernadette Quirk will be sentenced at Liverpool Crown Court for concealing the birth of four children.

Thursday 9 December

• Three defendants involved in the Little Ted’s nursery child abuse ring, including Colin Blanchard, will be sentenced at Bristol Crown Court.

• Jury may go out today or tomorrow in the case of Mark Weston at Reading Crown Court. He is accused of murdering Vikki Thompson in 1995.

Next week: 13-17 December

Monday 13 December

• Lord Hanningfield’s trial at Southwark Crown Court in relation to Parliamentary expenses will begin.

• Kaur Satpal Singh will be sentenced at the Old Bailey. She was found guilty of killing her son by forcing him to drink bleach.

CPS Update – Monday 6 December

In the News

• Former MP David Chaytor pleaded guilty to three counts of false accounting under the Theft Act on Friday at the Old Bailey. Simon Clements, Head of the CPS Special Crime Division, made a statement that was carried live on air and widely reported over the weekend. The full statement is as follows:

“David Chaytor has today admitted his dishonesty and he will now face the consequences of his actions. No-one, no matter their position, should be allowed to take money that they know they have no right to. By his actions, David Chaytor has abused the trust placed in him by the public.

“I would however remind all concerned that today’s outcome relates to the actions of David Chaytor and David Chaytor alone. Every defendant is entitled to a fair trial and nothing that has happened today should reflect on any defendant in any other case.”