CPS News Brief

DPP responds to Louise Casey report with enhanced service to bereaved families

The CPS is extending its service for bereaved families at court, announced the Director of Public Prosecutions, Keir Starmer QC, today.

He also welcomed the Victims’ Commissioner’s report: Review into the Needs of Families Bereaved by Homicide. Mr Starmer said:

“I wholeheartedly agree with the principle that bereaved families should not experience ‘avoidable intimidation, humiliation or distress’ in the court process. If that principle is to be recognised, the CPS must play its part.

“I already require prosecutors to treat victims and witnesses respectfully and to ask the court to stop inappropriate questioning of prosecution witnesses. But I now want the CPS to go further and enhance the service offered to bereaved families.

“This is not about changing the legal system, but about making the adversarial experience more bearable for families dealing with grief and trauma. While the CPS already delivers a number of the recommendations in today’s report, we have been working closely with Ms Casey and are now improving the service we offer.

 “I recognise that a timely meeting with an understanding lawyer cannot remove grief. But explaining what will happen in court can often reduce the sometimes intimidating court room atmosphere of an adversarial system.”

The CPS is already committed to keeping victims and witnesses informed of the progress of their case in all cases and supporting them through the court process.

For bereaved families the CPS also offers face-to-face meetings at any stage of the process, but specifically:

• Following a CPS decision not to charge
• Following a charge in cases heading for the Crown Court
• If charges are dropped or substantially changed
• Following conviction

 We will now be enhancing the scheme to also offer the following additional meetings:

• Following a charge in cases likely to be heard in the magistrates’ court
• Following acquittal
• Following reconsideration of a case after acquittal
• Following leave to appeal to the Court of Appeal being granted

The CPS also recognises why it is important for a bereaved family to meet the prosecuting advocate who will actually be presenting the case in court, and in future there will be a meeting arranged with the advocate shortly before the appropriate hearing.

Mr Starmer said:

“The significance of Louise Casey’s report is that it exposes flaws in the system and proposes concrete recommendations. These recommendations need to be taken seriously and call for a response.

“The CPS, along with others involved in criminal justice, has taken significant steps to address the needs of victims and witnesses in recent years, and genuine progress has been made. But it is clear that more needs to be done. That is why I am committing the CPS to contributing to the Ministry of Justice review of the treatment of victims and I am also committing the CPS to ongoing positive dialogue with Louise Casey. I am determined that we will play our part.”

Read more about our response to the report.

CPS response to Sunday Times story on rape complainant

The statements below were sent to the Sunday Times on Friday, 1 July 2011, in relation to their article: "Met officers 'intimidated' young Muslim rape victim" published on 3 July 2011, (Paywall) http://thetim.es/kGLbSO 

The statements were not included in the Sunday Times story.

In response to a query on disclosure: The court and the defence were notified on 30 November 2010, the same day the CPS was made aware, that a complaint against the alleged victim had been made in late September 2010. The papers were disclosed to the defence and the Court of Appeal in early January 2011. No complaint was made to the Court of Appeal by the defence in relation to disclosure in this matter.

In response to the query about the treatment of rape complainants: The CPS policy guidance on rape cases was followed in the circumstances of this specific case. The guidance says that where there is conflicting evidence, the prosecutor has a duty to assess the credibility and reliability of the victim's evidence. This does not mean the complainant is considered a suspect.

CPS Diary – Week of 4 July

Tuesday 5 July

• Thirteen people charged in relation to the protest at Fortnum and Mason on 26 March will appear for a first hearing at City of Westminster Magistrates’ Court. Seventeen other protestors will appear on 25 July.

We recently discontinued the case against five minors who were charged by the police following the same protest and are reviewing a number of other cases.

Friday 8 July

• Charlie Gilmour will be sentenced at Kingston Crown Court for violent disorder during the student protests in December. Update: This hearing will now take place on Thursday 14 July.

Lion Steel Ltd and three directors charged with manslaughter

Alison Storey, reviewing lawyer in the CPS Special Crime and Counter Terrorism Division, said:

“I have advised Greater Manchester Police to charge Lion Steel Ltd in Manchester with corporate manslaughter following the tragic death of Steven Berry at the Hyde site on Johnson Brook Road when he fell through a fragile roof panel and died as a result of injuries sustained in the fall. I have also decided that three of the company directors - Kevin Palliser, Richard Williams and Graham Coupe - should be charged with gross negligence manslaughter.

“The three men are also charged under section 37 of the Health and Safety at Work Act 1974 for failing to ensure the safety at work of their employees. Lion Steel is also charged under section 2 and 33 of the Health and Safety at Work Act 1974 for failing to ensure the safety at work of its employees.

“I have taken this decision after very carefully reviewing the material gathered in the police investigation and have concluded that there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to bring these charges.

“The first hearing will take place at Tameside Magistrates’ Court on 2 August 2011."