CPS News Brief

Court employee faces first prosecution under Bribery Act

We have decided that Munir Yakub Patel should be prosecuted under the Bribery Act 2010 in relation to allegations of misconduct during his employment at Redbridge Magistrates’ Court, Ilford, London. He is the first person to be prosecuted under the new Act.

Patel, an administrative clerk, faces a charge under Section 2 of the Act for requesting and receiving a bribe intending to improperly perform his functions.

Gaon Hart, reviewing lawyer for the CPS Special Crime and Counter Terrorism Division, said:

“It is alleged that Patel promised an individual summonsed for a motoring offence that he could influence the course of criminal proceedings in exchange for £500, on 1 August 2011.

“I have reviewed all of the evidence gathered by the police and considered the Director of Public Prosecution’s guidelines on the Bribery Act. I am satisfied there is sufficient evidence to charge Munir Patel with requesting and receiving a bribe on 1 August 2011 intending to improperly perform his functions.

“Patel has already been charged with misconduct in public office and perverting the course of justice. He still faces these charges, which relate to other alleged misconduct during his employment.”

The charge under the Bribery Act will be put to Patel at Southwark Crown Court on 14 October 2011.

Background

• The Bribery Act 2010 came into force on 1 July 2011.
• The Director of Public Prosecutions and the Director of the Serious Fraud Office have issued guidelines to prosecutors on the Act.
• Section 2(1) states that a person is guilty of an offence if they request, agree to receive, or accept a financial or other advantage intending that a relevant function or activity should be performed improperly. The maximum sentence for this offence is 10 years’ imprisonment at the Crown Court.
• The Director of Public Prosecutions consented to this charge on 26 August 2011.
• Munir Yakub Patel was charged with misconduct in public office and perverting the course of justice on 4 August 2011.

CPS statement on first cases at Birmingham Crown Court arising out of disorder

Chief Crown Prosecutor for the West Midlands, Harry Ireland said:

“Many in our community have suffered at the hands of those responsible for the recent disorder in our city. Law-abiding people were made to fear leaving their homes. Local businesses were ransacked. And today, some of the opportunists who turned on their neighbours have learned that such behaviour is intolerable and carries with it serious consequences. This is so even where, to date, those who have indulged in such appalling behaviour have never come to the court’s attention previously.

"We have seen the lives of many blighted by these events, none more so than the parents, relatives and friends of the three young men who died in Winson Green. Those who cared for them have been forever and tragically changed by a brutal act of violence.

"To have cases reach a conclusion so soon after the disorder has required close co-operation between the Crown Prosecution Service, the police and the courts. We have all worked tirelessly to gather and present the evidence that persuaded these defendants to plead guilty at the first opportunity.

“Everyone can have confidence that our work to deliver justice effectively and without delay will continue. Anyone arrested will be treated fairly and consistently, and if there is sufficient evidence to charge then we will do so and they will answer for their actions just as the defendants today have.”

Statement on cases following looting at Zee and Co, Bethnal Green

David Robinson, CPS London Deputy Chief Crown Prosecutor, said following the hearings today at Wood Green Crown Court:

“These five individuals were sentenced to significant prison terms today on charges relating to the looting of the Zee & Co shop in Bethnal Green at the height of the public disorder in London earlier this month.

"We provided the court with a picture of exactly what happened to this shop. Shutters had been forced up and the glass doors were smashed. Almost all of the stock in the shop was stolen throughout the evening and, despite being left secure, the shop was subsequently broken into on at least two further occasions.

“Approximately £100,000 damage was caused and the retail value of goods taken estimated at £646,524.00.

This unacceptable and opportunistic offending has today led to five people losing their liberty and the CPS will continue to vigorously prosecute individuals whose behaviour impacts on London’s communities in this way.”

Antony Gustave born 27/12/1977 – 21 months for burglary 09/08/2011. Pleaded guilty at Highbury Corner on August 10th.

John Peters born 24/08/1975 – 22 months for burglary 09/08/2011. Pleaded guilty at Highbury Corner on August 10th.

Elliott Deer-Joseph born 25/09/1989 – 9 months for handling stolen goods on 07/08/2011. Pleaded guilty at Highbury Corner on August 10th.

David Benjamin born 21/07/1984 – 12 months for handling stolen goods, 28 days for possession of cannabis on 11/08/2011. Pleaded guilty at City of Westminster on August 10th.

Colin Reid born 03/08/1968 – 12 months for handling stolen goods on 08/08/2011. Pleaded guilty at Thames on August 10th.

Statement on first Crown Court sentences following London disorder

Following the sentencing at Wood Green Crown Court today in relation to the London disorder, David Robinson, London Deputy Chief Crown Prosecutor, said:

“Today, two of those responsible for the public disturbances in the capital earlier this month became the first to be sentenced in the Crown Court for their actions. These swift and robust prosecutions should serve as a strong reminder that CPS London will not hesitate to prosecute this sort of criminal behaviour which affects the whole community.

“Across London, opportunists committed very serious acts: looting, robbing and causing significant criminal damage, mostly at night when communities feel at their most vulnerable. At the hearings today we were able to tell the court exactly how these crimes have affected those communities and give an indication of the losses suffered by businesses which were looted.

“CPS London is determined to play its part in ensuring the safety of our communities, and over the coming months we will prosecute many more people in relation to the public disturbances. We will do this as swiftly and effectively as possible and, as is our duty under the Code for Crown Prosecutors, ensure each individual case is dealt with fairly and consistently.

“Prosecutors have worked tirelessly alongside the police to charge those responsible and to bring them before the courts. Those involved in the disorder and crime earlier this month should be in no doubt that we will continue to bring them before the courts where they will answer for their actions.”

Richard Bezzina (born 09/05/1967) was sentenced to 20 months' imprisonment at the Crown Court in Wood Green on a count of Violent Disorder on the evening of 8th August 2011 at Clarence Road, Hackney. He pleaded guilty at Thames Magistrates’ Court on 13th August 2011.

Steven Freear (born 17/10/1990) was sentenced to six weeks' imprisonment at the Crown Court in Wood Green today on two counts of possessing an offensive weapon on the evening of Wednesday 10th August 2011 at Hartford Road, Enfield, near the junction of Carterhatch Road. The defendant pleaded guilty at Enfield Magistrates’ Court on Friday 12th August 2011.

19-year-old charged with murder of Kelvin Chibueze

We have this afternoon authorised the Metropolitan Police Service to charge Dale Williams, 19, with the murder of Kelvin Chibueze.

Mr Chibueze was fatally stabbed during a violent clash that occurred between two rival groups at a private party at The Arteflex Club in Ilford in the early hours of Monday 15 August 2011. The 19-year-old (12/11/1991) is also charged with violent disorder.

Gary Dolby, from CPS London Homicide Unit, said:

“The CPS has this afternoon authorised that Dale Williams should be charged with the murder of Kelvin Chibueze.

“At this stage, there is a reasonable suspicion that the 19-year-old was responsible for the unlawful killing of Mr Chibueze. It is clearly in the public interest that he be prosecuted for this offence.

“As with all prosecutions, we will keep the case against the defendant under review and consider any new evidence provided to us by the police during their ongoing investigation into this incident.”

Dale Williams will appear at Redbridge Magistrates’ Court tomorrow morning, Thursday 25 August 2011.

Death of Yvonne Fletcher

The Telegraph has reported that "an independent prosecutor informed the Met and the Crown Prosecution Service in April 2007 that they had sufficient evidence to charge two Libyans — Matouk Mohammed Matouk and Abdulgader Mohammed Baghdadi — with conspiracy to cause death" in relation to the death of Yvonne Fletcher.

The investigation into the death of Yvonne Fletcher is ongoing and there is still evidence to be gathered. So the CPS has yet to receive a file containing the admissible evidence from a completed investigation. It would only be at that point that we could give final advice on prosecution.

The police sought further advice in relation to their ongoing investigation from the CPS in 2007 and interim advice was provided. This advice was accompanied by a letter which said: “Whilst I have offered a view (in the interim advice) that a matter of this nature might be capable of proceeding, some of the evidence should be revisited to determine whether it is still available. In addition, there may be some additional avenues of investigation which might be appropriate to consider.”

CPS Diary - week of 22 August

Monday

• Preliminary hearing at Inner London Crown Court for Gordon Thompson, charged with arson at House of Reeves Furniture Store, Croydon, on 8 August 2011.
• First hearing at City of Westminster Magistrates' Court for Mohammed and Shasta Khan of Oldham, Greater Manchester, accused of engaging in conduct in preparation for acts of terroism.

Wednesday

• Committal hearing for German nationals Christian Edme and Robert Baum at City of Westminster Magistrates' Court, charged with possessing information likely to be useful to someone committing or preparing an act of terrorism.

Friday

• Plea and case management hearing at Lincoln Crown Court for Julie Dixon, accused of the murder of her partner, David Twigg, who ran a bespoke joinery business in Burgh le Marsh.

 

Assisted suicide prosecutions

A report in the Guardian this morning states: “The case of Debbie Purdy in 2009 established that friends and family could help someone who is terminally ill travel to Dignitas without fear of prosecution on their return.” The Times (paywall) has said the same.

Assisting or encouraging suicide remains a criminal offence for all individuals. Our policy, which was published following the Purdy case, provides a clear framework for prosecutors to decide which cases should proceed to court and which should not. It does not override the will of Parliament, and neither it nor the ruling in the Purdy case grant anyone immunity from prosecution.

Each allegation is reviewed on its own facts and circumstances. We will prosecute when there is sufficient evidence and it is in the public interest to do so.

Whether or not and to what extent someone acted out of compassion is only one of several factors prosecutors must assess and they do so by considering all of the facts of the case following a thorough investigation.

CPS role in cases stated in Magistrates Court

A report in the Daily Telegraph today concerns the case of Christopher Heathcote in Manchester Magistrates’ Court where the case was referred back to the magistrates for sentencing. This followed a prosecution appeal to the Administrative Court after the magistrates decided not to impose a driving ban after he admitted driving with excess alcohol.

A driving ban in these cases is automatic unless the court finds there are special reasons not to disqualify the defendant from driving. The Crown Prosecution Service followed its normal appeals procedure and referred the case to the Administrative Court in the name of the Director of Public Prosecutions - see our guidance on the website.

CPS statement on convictions of two men for inciting disorder using social media

Martin McRobb, Crown Advocate for CPS Mersey-Cheshire, said:

“Jordan Blackshaw, 21 and Perry Sutcliffe, 22, independently and from the safety of their homes may have thought that it would be acceptable to set up a Facebook page to incite others to take part in disorders in Cheshire.

"They were wrong and were both sentenced today to four years’ imprisonment at Chester Crown Court, after pleading guilty to intentionally encouraging another to assist the commission of an indictable offence under sections 44 and 46 of the Serious Crime Act 2007.

“They both used Facebook to organise and orchestrate serious disorder at a time when such incidents were taking place in other parts of the country. Both defendants, in Northwich and Warrington respectively, sought to gain widespread support in order to replicate similar criminality.

In investigating these cases, the Cheshire Constabulary acted very swiftly and effectively to close down these websites and to ensure that there was no actual participation in the planned events. Nevertheless, these posts caused significant panic and revulsion in local communities as rumours of anticipated violence spread.

“The Crown Prosecution Service worked very closely with the police and Cheshire Crown Court to bring forward preliminary hearing dates that had initially been listed on 19th September. We were able to serve upon the defence in both cases sufficient case material that led to early guilty pleas and we were able to present the facts in both cases in a fair but robust manner.

“While the judge heard the two defendants were previously of good character, they admitted committing very serious offences that carry a maximum sentence of 10 years. The consequence of their actions could have led to more disorder and this was taken into account.”

Additional information

Jordan Blackshaw born 22/08/1990  - On Tuesday 9 August created an event on Facebook called ‘SMASH DWN IN NORTHWICH TOWN.’ The event invitation clearly stated that it was created by Jordan BLACKSHAW and specified a time and date of Tuesday 9th August 1:00pm-4:00pm and gives the location for the event as ‘behind maccies’ (believed to be McDonald's food outlet in Northwich). The invitation also mentioned that it was intended for the receipt of the ‘MOB HILL MASSIVE NORTHWICH LOOTIN.’ Blackshaw then added the first comment ‘WE’LL NEED TO GET ON THIS KICKIN OFF ALL OVER.’

Perry Sutcliffe- Keenan born 23/04/1989 - On Tuesday 9 August 2011, a number of telephone calls were received by police from members of the public who stated that a site had been set up on the social networking site Face Book. The site had been named “WARRINGTON RIOTS”. The members of the public who had called the police were concerned in relation to this site as there had been a number of serious cases of public disorder in London and other cities in the UK. The site invited anyone who wished to be involved in a “riot” on the evening of Wednesday 10th August 2011 between 7pm and 10pm. There was also a photograph of civilians clashing with police officers.

Following these calls to the police, one witness stated that she recognised “Pezz KEENAN” as Perry Keenan Sutcliffe from a photograph which was also posted on the site and that Keenan had been the person who had originally created the site.

CPS statement following sentences in Manchester for looting

Following the sentencing at Manchester Crown Court today of five offenders in connection with the disturbances in Manchester and Salford, Nazir Afzal, Chief Crown Prosecutor of the Crown Prosecution Service's North West Area said:

 “All right minded people have been shocked and alarmed by what happened on our streets a week ago. The reports and pictures in the media of widespread violence, destruction and looting will remain with us for a long time. For many people living and working in the communities where it happened, the effects of the fear and the damage caused will be deep and long lasting.

“The spirit and resolve of Manchester and Salford people has been remarkable in the response that we have seen since last week. Delivering justice on behalf of communities is an important part of the process of rebuilding and repairing the damage and pain suffered by victims and the community. Prosecutors, working alongside police, have worked tirelessly to charge those responsible and to bring them before the courts, and at the hearings today we have been able to tell the court exactly how these crimes have affected the community as a whole.

“All the offenders sentenced at the crown court this afternoon were involved in the widespread criminality that happened that night. The sight of people looting and stealing, helping themselves to goods from shops simply because that’s what others were doing or because they thought they could get away with it was truly shocking.

“The message today is clear. Stealing, looting, handling stolen property are against the law and there are consequences for those who engage in this criminal behaviour. Today some of these people are starting custodial sentences and paying the price for their dishonesty and their part in the criminality that took place.

“Many others have been charged and their cases are proceeding through the courts and over the coming days, weeks and months if necessary, we will continue to bring before the courts those who were involved in the disorder and crime on that night.”

 

CPS authorises charge of murder over death of Richard Mannington Bowes

The Crown Prosecution Service has this evening authorised the Metropolitan Police Service to charge a 16 year old male with the murder of Richard Mannington Bowes. Mr Bowes died on 11 August 2011 after being assaulted in Ealing, London, on 8 August 2011.

The teenager is also charged with violent disorder and four separate burglaries of commercial premises. His mother is also charged with doing an act that tended to pervert the course of public justice.

Daren Streeter, Head of CPS London Homicide Unit, said:

“The CPS has this evening authorised that a 16 year old male should be charged with the murder of Richard Mannington Bowes.

“At this stage, there is a reasonable suspicion that the 16 year old was responsible for the unlawful killing of Mr Bowes. It is clearly in the public interest that he be prosecuted for this offence.

“As with all prosecutions, we will keep the case against the defendant under review and consider any new evidence provided to us by the police during their ongoing investigation into this incident.”

The 16 year old will appear at Croydon Magistrates’ Court tomorrow morning, Tuesday 16 August 2011.

Two charged with three counts of murder following deaths in Winson Green, Birmingham

The Crown Prosecution Service has authorised West Midlands Police to charge two men, Joshua Donald and a youth, with three counts of murder in relation to an incident on 10 August in Winson Green, Birmingham.

Martin Lindop, reviewing lawyer for CPS West Midlands, said:

“I have decided that Joshua Donald and a youth should be charged with murder following the deaths of Haroon Jahan, Shahzad Ali and Abdul Musavir on 10 August. It is alleged that Donald and the youth were involved in the incident that led to these tragic deaths.

“This decision was taken in accordance with the Code for Crown Prosecutors. There is sufficient evidence to prosecute the defendants and it is in the public interest to do so.”

The defendants will appear at Birmingham Magistrates' Court on 14 August 2011.

The police investigation into this incident is continuing.

CPS Diary - Week of 15 August

Monday

• First appearance at Lewes Crown Court for seven defendants charged in relation to disorder at HMP Ford, Sussex, in January.

• Three men charged with conspiracy to steal, theft and conspiracy to commit a bomb hoax following an incident at a bank in Watford on 2 June will appear at St Albans Crown Court.

Tuesday

• Sentencing hearings for defendants who pleaded guilty to committing offences during public disorder in Manchester last week will begin at Manchester Crown Court.

Wednesday

• Glenn Mangham will appear at City of Westminster Magistrates' Court charged with five counts under the Computer Misuse Act.

Friday

• Plea and case management at Croydon Crown Court for two men charged with aggravated vehicle taking. This charge follows the death of Charles Bunyasi, who died after he tried to stop his delivery van from being stolen.

• Fifteen of the defendants charged in relation to the protest at Fortnum and Mason in March will appear at City of Westminster Magistrates' Court for a plea and case management hearing.

CPS continues work to deliver justice following public disorder

Crown Prosecution Service staff will continue their hard work over the weekend and in the coming weeks to deal effectively and efficiently with the prosecutions arising from the recent public disorder.

Prosecutors are working very closely with police forces across the country to authorise charges against suspects and prepare the evidence in cases, some of which will be sentenced in the Crown Courts next week following early guilty pleas in the magistrates’ courts.

Dedicated teams will be on duty all weekend to prepare the evidence for sentencing hearings. We expect the sentencing of offenders to begin early next week.

Impact statements are being prepared on how communities and businesses have been affected by the disorder. These statements will complement the evidence against the defendants, such as eye witness accounts and CCTV footage.

Individuals who have admitted the same offence (e.g. burgling the same commercial premises) will be sentenced together as far as possible, allowing the courts to address the full impact of the criminal behaviour when considering the sentence. It also ensures that the sentences are consistent and that the cases are finalised as quickly as possible.

This is standard practice in instances of mass disorder. Groups of football hooligans are often prosecuted and sentenced together as the basis of the criminality is the same for every defendant.

Defendants being sentenced in the Crown Court face up to a maximum of five years’ imprisonment for violent disorder. Those charged with burglary face up to a maximum of 10 years for burgling commercial premises and a maximum of 14 years for burgling residential properties.

The work to charge arrested suspects and those facing arrest is also continuing.

CPS Direct, our out-of-hours charging service, is providing a robust and efficient service throughout the night. On Wednesday and Thursday nights, nearly all calls from police officers to prosecutors were answered very quickly. Already 1,600 people have been arrested and 796 have appeared before the courts. Two thirds (66%) of those charged at this stage have been remanded into immediate custody. We expect many more charges to follow in the coming days.

Magistrates’ courts will be sitting on both Saturday and Sunday for the large number of anticipated first hearings.

This will follow a busy week for prosecutors, who have been working shifts in courts that have operated almost constantly for the past four days. Their willingness to volunteer for these duties and help keep the criminal justice system moving in extraordinary circumstances is a testament to their professionalism and commitment to seeing that justice is done.