CPS News Brief

CPS Diary – Week of 1 August

Monday

• Rebecca Leighton, charged last week with criminal damage intending to endanger life in relation to the tampering of equipment at Stepping Hill Hospital, will appear for a preliminary hearing at Manchester Crown Court.

Tuesday

• Jonathan May-Bowles will be sentenced at City of Westminster Magistrates’ Court after pleading guilty today to assault and causing harassment, alarm or distress during a recent House of Commons committee hearing.

• The directors of Lion Steel Ltd will appear for a first hearing at Tameside Magistrates' Court to face charges of gross negligence manslaughter in relation to the death of Steven Berry. The company also faces a charge of corporate manslaughter, the second such charge of its kind.

CPS statement on Bilal Ahmad

Moira Macmillan, senior lawyer in the CPS Special Crime and Counter Terrorism Division said:

“The sentencing of Bilal Ahmad today sends a warning to people who would seek to encourage violent extremism or to stir up hatred on the internet.

“People are entitled to express their views on the internet and elsewhere. The law seeks to protect the right of all to freedom of speech as is necessary in a democratic society. However, Bilal Ahmad crossed the line from expressing views which some might find unwelcome into serious criminal behaviour, going far beyond what the law allows.

“He was charged with soliciting to murder members of the UK Parliament after he posted an article on a website following the conviction in November 2010 of Roshonara Choudhry for the attempted murder of MP Stephen Timms.

"In this article, Bilal Ahmad encouraged others to follow her example. This is a serious offence which strikes at the heart of our democratic society and once I was satisfied the evidence was there, the public interest clearly required a prosecution. Bilal Ahmad was also charged with publishing material intending to stir up religious hatred; this is the first successful prosecution for this offence.

“A thorough investigation by West Midlands Police meant that when he was confronted with the evidence, Bilal Ahmad entered guilty pleas to five offences. These pleas took into account the range of his criminal behaviour.”

Paul Wilson sentenced to life imprisonment for 46 sexual offences against 23 young girls

A former nursery worker has today been sentenced at Birmingham Crown Court to life imprisonment after he had pleaded guilty to 46 sexual offences, including oral rape of a three-year-old child at the nursery where he worked, and offences involving young girls from around the country.

In January 2011, Paul Wilson, aged 21, was arrested and subsequently charged with two counts of oral rape of a child at the Little Star Nursery in Nechells, Birmingham. Following his arrest, officers from West Midlands Police conducted an examination of Mr Wilson’s computers and he was charged with further offences of making indecent photographs of children, distributing indecent photographs of children and inciting a child to engage in sexual activity.

Wendy Bounds, Complex Casework Lawyer from the West Midlands Crown Prosecution Service (CPS) Complex Casework Unit, said:

“This has been a very complex and sensitive case involving 23 individuals aged between three and 16 years of age from across the country.

“Paul Wilson preyed on vulnerable young girls who he encountered in internet chat rooms. He hid his real identity and led the girls to think he was a friend and asked them to turn their webcams on and by this means he was able to see them in intimate situations.

“If his initial approach under a false identity was unsuccessful, he would then use multiple further aliases on social networking sites to either gain their trust or threaten them in order to get them to perform sexual acts, which he could watch. If one alias was rejected by the intended target, he would return again and again, using different profiles, sometimes that of a female, until either threats or persuasion made them perform sexual acts as he wanted.

“Unfortunately the teenage girls did not realise that they were in effect allowing a stranger into their bedroom with a camera. The risk is that the resulting pictures saved in the stranger’s computer can then be sent on to others unknown to the girl. This did happen to one of the young girls in this case when the pictures were then sent on to another male.

“He then took this one step further by targeting and orally raping a vulnerable three year-old girl at a nursery where he was working. Unfortunately, concerns raised by other staff about his behaviour and the appropriateness of his relationship with the little girl did not prevent this happening.

“It took a brave young teenage girl to come forward and report his abuse to the police. This led to his arrest and this offending coming to light.

“We hope that this case sends out a clear message to everyone who uses social networking sites to be vigilant at all times when using such networks and to report any suspicious behaviour or requests to the appropriate authorities.

“Finally, the prosecution team would like to thank the victims and their families for the support that they have provided to the investigation and prosecution. Without their assistance and the thorough investigation by the police, we would not be here today.”

The offences which were committed on the social networking site were via Windows Live Messenger and were carried out between 2005 and 2011 on 22 individuals aged between 12 years-old and 16 years-old from across the country.

Rebecca Leighton charged with criminal damage intending to endanger life

We have authorised Greater Manchester Police to charge Rebecca Leighton, a nurse at Stepping Hill Hospital, with three charges of criminal damage intending to endanger life, three charges of criminal damage being reckless as to whether life would be endangered and one charge of theft.

Nazir Afzal, Chief Crown Prosecutor for CPS North West, said:

“We have carefully considered the evidence that the police have referred to us at this stage of their investigations into the unexplained deaths of five patients at Stepping Hill Hospital. We have now decided that there is sufficient evidence to charge Rebecca Leighton with three charges of criminal damage intending to endanger life, three charges of criminal damage being reckless as to whether life would be endangered and one charge of theft.

“These are serious charges that relate to allegations that Rebecca Leighton tampered with medical products, saline ampoules and saline bags in Stepping Hill Hospital and by doing so endangered the lives of patients. She will appear at City Magistrates’ Court, Manchester, on 23 July.

“This is a complex, ongoing police investigation. We will continue to work with police and provide advice as they continue their detailed enquiries. We will of course review any further evidence they provide to us and decide whether any further charges should be brought.

“Rebecca Leighton is charged with serious offences, proceedings are active under the Contempt of Court Act 1981, and it is extremely important that nothing should be reported which could prejudice a fair trial.”

The maximum sentence for criminal damage intending to endanger life or being reckless as to whether life would be endangered is life imprisonment. The maximum sentence for theft is seven years imprisonment.

CPS Diary – Week of 25 July

Monday

• Sentencing of Mohammed Arif Hassan, Hafeez and Rashid Rahman and others at Leeds Crown Court for running a major drugs operation in the North of England.

• Case management hearing for 17 defendants charged in relation to the Fortnum and Mason protest in March.

Thursday

• Christopher Halliwell will appear for a plea and case management hearing at Bristol Crown Court. He was charged in March with the murder of Sian O'Callaghan.

Friday

• Jonathan May-Bowles will appear for a first hearing at City of Westminster Magistrates' Court in relation to an incident during a recent committee hearing in the House of Commons.

• Bilal Ahmed will be sentenced at Bristol Crown Court after pleading guilty to soliciting to murder and stirring up religious hatred.

• Judge Beatrice Bolton will appear for a first hearing at Preston Magistrates' Court, charged with one offence under the Dangerous Dogs Act in relation to an incident in Rothbury, Northumberland, on 1 June 2011.

CPS decides not to charge Salford man over intruder's death

A man who fatally stabbed an intruder who broke into his home in Salford will not face charges. Nazir Afzal, Chief Crown Prosecutor for CPS North West, said today:

“I have today told the police of my decision that Peter Flanagan should not face any charges in connection with the death of John Bennell, an intruder who broke into his home in Salford on 22 June.

“John Bennell was stabbed in the chest by Mr Flanagan, and died from his injuries shortly afterwards.

“I am satisfied that Peter Flanagan acted in self defence after being woken by noises downstairs in his house shortly before midnight. On investigating the disturbance he was confronted by intruders, one of whom was armed with a machete.

“In reaching this decision I have looked carefully at the evidence that the police have presented in this case and have taken into consideration the Crown Prosecution Service policy on householders and the use of force against intruders. In a case such as this I have to ask myself whether the use of force was necessary and whether it was reasonable in the circumstances.

“People are entitled to use reasonable force in self-defence to defend themselves, their family and their property. All the evidence indicates that in the frightening circumstances that he faced, Mr Flanagan did what he honestly and instinctively believed was necessary to protect himself and his home from intruders.”

Mr Bennell’s family have been informed of this decision.

How the CPS decides when to announce its decisions

The Evening Standard has today implied that the timing of the CPS announcement on discontining the cases against 109 Fortnum and Mason protesters was intended to “bury bad news”.

The CPS is an independent body and we announce decisions of public concern as soon as possible after the decision is reached. We have a duty to inform the suspects, or defendants in this case, as soon as we have reached a decision which concerns them. We take that duty very seriously as we understand that they will be waiting anxiously to hear any decision.

Once we’ve reached such a decision, the timing of any public announcement is aimed at ensuring that those directly affected by the decision can be informed first. The public will be informed as soon as is practicable after that.

Assisted suicide and decisions to prosecute

A feature in the Times T2 today (paywall) about Tony Nicklinson and the issue of mercy killing included this comment:

“In 2010 Debbie Purdy, a multiple sclerosis sufferer, won the assurance that her husband would not be prosecuted for assisting her suicide if he accompanied her to the Dignitas euthanasia clinic in Switzerland.”

This is not correct. The CPS cannot decide that an individual should not be prosecuted for committing a possibly criminal act before the act in question has been committed.

We have produced guidelines that outline the factors we would take into account when deciding whether it is in the public interest to prosecute an individual in relation to an allegation of assisting or encouraging a suicide. But Ms Purdy has not been granted an assurance as described above because it is not legally possible for us to do so.

CPS decision: not in the public interest to prosecute 109 Fortnum and Mason protesters

Alison Saunders, Chief Crown Prosecutor of CPS London, said:

“I have decided that the cases against 109 individuals who were charged after protesting in Fortnum and Mason on 26 March should be discontinued. However, we will continue to pursue the other 30 cases through the judicial process.

“After careful and necessary investigative work by the police to provide the fullest evidential picture, we have reviewed the evidence now available and considered representations made by the defence teams.

“I have concluded that there is sufficient evidence to provide a realistic prospect of conviction for the offence of aggravated trespass against all the defendants, however, in discontinuing these cases I have considered whether a prosecution is necessary in the public interest. I have decided that it is not, taking into account the following factors from the Code for Crown Prosecutors:

• that this was a single incident;

• that they have not been involved in similar offences previously and that they played only a minor role in the offending behaviour;

• that if these defendants had been convicted the court would be likely to impose only a nominal penalty.

“The police investigation was able to identify whether these factors were present for each defendant. It was only after such an investigation that these factors could be applied.

“We have warned those whose cases have been discontinued that this reasoning may not apply in future if they go on to commit other similar offences.

“We have notified the court and the defendants’ representatives of this decision.”

DPP responds to Matthew Parris

The Director of Public Prosecutions, Keir Starmer QC, has responded to a comment by Matthew Parris in his column in Saturday's Times that the criminal law, including the CPS, is "riddled with corruption". The DPP wrote to the Times and the letter was published in today's paper. It says:

No doubt Matthew Parris' column on Saturday, which included the tongue in cheek suggestion that the CPS is "riddled with corruption", was intended as a joke. But, with a moment's thought, he would have realised that it is deeply insulting to our dedicated, professional and hard working staff. Happily, wrong doing in the CPS is extremely rare indeed and in the isolated incidents where it may occur, it is dealt with very swiftly and very robustly.

CPS Diary - Week of 18 July

Monday 18 July

• Shrien Dewani's extradition hearing will resume at Belmarsh Magistrates' Court and is expected to last four days. South Africa is seeking his extradition in relation to the murder of his wife Anni Dewani last year.

Seven charged following mass disturbance at HMP Ford

CPS South East has authorised Sussex Police to charge seven men following the investigation into a mass disturbance at HMP Ford from 31 December 2010 to 1 January 2011.

Simon Ringrose, Crown Advocate from the South East Complex Casework Unit of the CPS, said:

"I have today advised Sussex Police to charge seven men in relation to the mass disturbance at HMP Ford during the early hours of New Year’s Day this year during which a number of inmates were engaged in a concerted attack on prison property and threats made to other inmates and prison officers. This decision was taken in accordance with the Code for Crown Prosecutors."

Roche Allen, Lennie Franklin, Ryan Martin, Thomas Regan, Lee Roberts and Paul Hadcroft are all charged with arson being reckless as to whether life endangered and violent disorder.

Carniel Francis is charged with violent disorder.

The defendants will appear at Chichester Magistrates' Court on 29 July 2011.

DPP welcomes transfer of Defra prosecutors to CPS

In response to a written ministerial statement this morning from the Attorney General and the Secretary of State for Environment, Food and Rural Affairs announcing that Defra’s prosecution function has been transferred to the CPS, Keir Starmer QC said:

"I welcome the Attorney General's approval of the transfer of Defra's prosecution function to the CPS from 1 September 2011.

"Consolidating prosecution services allows prosecutors to share expertise and best practice, as well as bringing with it natural efficiencies. I look forward to incorporating the Defra team into a new central casework division at our Headquarters, and welcoming the staff to the CPS."

The Defra prosecution team specialises in environmental regulatory offences and will be based at the CPS Headquarters in Rose Court, London.

CPS Diary – Week of 11 July

Monday 11 July

• Jonathan Limani will stand trial at Oxford Crown Court for the murder of Christopher Varian at an Oxfordshire golf club.

• The trial of Fiona Donnison for the murder of her two children in Sussex last year will begin at Lewes Crown Court.

Tuesday 12 July

• Julian Assange’s appeal against the extradition order to Sweden will begin at the High Court. This is a two-day hearing and we expect the judgment to be reserved. Read more about the appeals process in extradition cases.

Thursday 14 July

• Charlie Gilmour will be sentenced at Kingston Crown Court for violent disorder during the student protests in December.

• Christopher Halliwell will appear for a plea and case management hearing at Bristol Crown Court. He was charged in March with the murder of Sian O'Callaghan.

Friday 15 July

• Shabaaz Hussain, who faces five charges in relation to terrorism fundraising, will appear for a preliminary hearing at the Old Bailey.

• Junior Bradshaw and Kevin Liverpool will be at Exeter Crown Court for a preliminary hearing on charges of conspiracy to commit robbery and conspiracy to commit grievous bodily harm against singer Joss Stone.

Keir Starmer QC talks about domestic violence

Watch Keir Starmer QC, the Director of Public Prosecutions, talk about how the Crown Prosecution Service's response to domestic violence has improved over recent years and about our commitment to further improvements.

You can read more about the CPS response to domestic violence in a speech given by the Director in April and in our legal guidance.