CPS News Brief

Julian Assange: process after Supreme Court grants leave to appeal

The Supreme Court has granted permission to Julian Assange to appeal and a hearing has been scheduled for two days, beginning on 1 February 2012. His current bail arrangements will remain in force.

If, after the Supreme Court has heard the case, it dismisses Mr Assange’s appeal, then his only further remedy is to apply immediately to the European Court of Human Rights in Strasbourg, which will respond within 14 days. If it confirms that it does not agree to take the case then that is an end of the matter. If it is prepared to take the case then it will not only confirm this but also has power to issue a direction to Her Majesty’s Government that he should not be surrendered to Sweden whilst the ECHR considers the claim. He could also apply to the High Court in London for an injunction to prevent his extradition to Sweden by the Serious Organised Crime Agency pending the outcome of his application to Strasbourg.

If the ECHR takes the case then his current bail conditions would remain in force and he would remain in the UK until the proceedings at the ECHR have concluded. The UK Government is the defendant in the matter and the Foreign and Commonwealth Office legal branch represents the interests of Her Majesty’s Government. The Crown Prosecution Service does not appear and nor do any Swedish authorities.

If the ECHR declines to take the case then he will be extradited to Sweden as soon as arrangements can be made.

CPS responds to accusations made over the Joanna Yeates murder investigation

There has been widespread coverage today of allegations made by Chris Jefferies through his solicitors accusing the police and Crown Prosecution Service of leaking information to the press during the investigation of the murder of Joanna Yeates. In response to these claims, Barry Hughes, Chief Crown Prosecutor for CPS South West, made the following statement:

“There is no truth whatsoever in the serious allegations made against the CPS by the solicitor acting for Mr Jefferies. I am not aware of any evidence given to the Leveson inquiry to date that has suggested that any members of the CPS have leaked information to journalists. I am disappointed that a firm of solicitors should make such a serious claim without referring the matter to the CPS directly.”

DPP's statement regarding South Wales case collapse

Statement from the Director of Public Prosecutions, Keir Starmer QC, concerning the discontinuance of the trial of eight former police officers accused of conspiracy to pervert the course of justice in South Wales (R vs Mouncher and others):

“Shortly after the collapse of this trial I initiated a full and detailed review of the circumstances in which the decision to offer no further evidence was made. I asked leading counsel for the prosecution to prepare a comprehensive analysis of the reasons for the decision.

“I have now considered that analysis and as part of the review have decided to ask Her Majesty’s Crown Prosecution Service Inspectorate, an independent statutory body, to consider the way in which the prosecution team conducted the disclosure exercise in this case.”

Mr Starmer said he had agreed the following terms of reference with HM Chief Inspector, Michael Fuller. The HMCPSI’s independent review is to examine and make findings in respect of the following matters:

i.     Whether the prosecution team (CPS and counsel) approached, prepared and managed disclosure in this case effectively, bearing in mind the history, size and complexity of the investigation and prosecution;

ii.     Whether the prosecution team (CPS and counsel) complied with their disclosure duties properly, including all relevant guidance and policy relating to disclosure, in light of the extensive material generated in this case;

iii.     Whether the existing legal guidance is appropriate for cases of similar size and complexity;

iv.     To make such recommendations as it feels appropriate in light of the examination and findings set out above, including, if appropriate, recommendations about CPS policy and guidance, and/or systems and processes, and CPS arrangements for handling of cases of similar size and complexity.

Mr Fuller said:

“It is important that the public can have confidence in the way the CPS conducts its cases and the Inspectorate will examine the issues with the utmost thoroughness. Inevitably this will take time but will be completed as soon as is practicable and a report prepared for the DPP.

“South Wales Police has decided to refer their part in this matter to the Independent Police Complaints Commission and we will work in tandem with the IPCC inquiry into what happened. Both organisations are committed to sharing all relevant information with each other and arrangements are being made to ensure there is meaningful liaison between the two inquiries.”

Rochdale vicar jailed for sham marriage scam

A Rochdale vicar has been sentenced to two and a half years in prison for conducting over 20 sham marriages and for stealing more than £8,000 of donations and fees for church services. The Crown Prosecution Service also applied for a confiscation order which was granted to the sum of £6,000.

Fran Gough, Senior Crown Prosecutor from CPS North West Area Complex Casework Unit said:

“John Magumba conducted these wedding ceremonies knowing full well that they were sham marriages, purely to assist non-EU citizens in their bid to gain UK residency. He was prepared to help them do this by completely disregarding those aspects of the law, and church regulations, which exist to ensure that marriages are properly conducted and entered into for the right reasons. His dishonesty in effectively plundering church funds is also difficult to believe in someone whom others looked to for moral guidance.

“Working closely with officers from the UK Border Agency we have been able to present a strong case against Magumba detailing his abuse of church rules and marriage law, which left him with little option but to plead guilty to the charges.

“This case sends out a clear message that the CPS and UKBA take these offences very seriously and anyone involved in arranging marriages of convenience like this can expect to be prosecuted robustly.”

Magumba, team vicar of St Peter’s, St Mary’s and St Luke’s churches in Rochdale, pleaded guilty at Bolton Crown Court in December to conspiracy to facilitate a breach of UK immigration law by a non-EU person and two counts of theft by an employee.

Between 2007 and 2010 Magumba regularly conducted marriages between Nigerian nationals and EU nationals solely to enable the Nigerian nationals to obtain marriage certificates to help them gain long-term residency in the UK and therefore knowingly assisted in their unlawful immigration.

Investigations by UK Border Agency investigators revealed that in conducting the ceremonies he had flouted rules under the Marriage Act and had ignored church regulations and practices about weddings. He failed to conform to rules about marriage banns, failed to keep accurate records of the weddings and the marriage certificates, and conducted weddings in secret without the knowledge of the other clergy at the churches.

Magumba also admitted theft of £8,345 by keeping money that was paid to him for weddings and other services which he was not authorised to keep and should have paid over to the church.

Three men convicted in first prosecution for stirring up hatred on grounds of sexual orientation

A landmark case has today seen three men convicted of stirring up hatred against the gay community by distributing leaflets calling for the death of homosexuals.

The case, at Derby Crown Court, is the first of its kind in British legal history, and demonstrates the CPS's determination to take on challenging and ground breaking cases.

Sue Hemming, head of the CPS Special Crime and Counter Terrorism Division, said:

"A court has heard for the first time from witnesses how they felt, as gay men, when they read a leaflet calling for the death penalty for homosexuals.

"The leaflet, which led to this prosecution, showed a manikin hanging from a noose and said gay people were destined to go to hell. The jury was told by one witness that he felt he was being targeted and he feared he would be burned.

"Everyone has a right to be protected by the law and we regard homophobic crimes, along with all hate crimes, as particularly serious because they undermine people's right to feel safe.

"While people are entitled to hold extreme opinions which others may find unpleasant and obnoxious, they are not entitled to distribute those opinions in a threatening manner intending to stir up hatred against gay people.

"This case was not about curtailing people's religious views or preventing them from educating others about those views; it was that any such views should be expressed in a lawful manner and not incite others to hatred."

It has been an offence to stir up hatred on the grounds of sexual orientation since the law was amended by the Criminal Justice and Immigration Act 2008, which came into force in 2010.

In this case, the CPS had to look at the evidence very closely to determine if the leaflets went beyond being insulting or abusive, but were in fact threatening, and distributed with the intent of stirring up hatred. Recklessness is not enough to prosecute a case like this, and the prosecution must be able to show that the defendant intended to stir up hatred and the behaviour must be threatening.

Miss Hemming said:

"Once we were satisfied that the evidence was there, we then had to consider the public interest in bringing this case. Where an offence is motivated by any form of discrimination, then the public interest will almost always be in favour of prosecution."

Three defendants, Ihjaz Ali, Kabir Ahmed and Razwan Javed were found guilty by the jury and will be sentenced on 10 February 2012. Mehboob Hussain and Umar Javed were found not guilty.

CPS successful request leads to first UK citizen extradited from China

The first UK citizen to be extradited from China following a successful request by the Crown Prosecution Service has been sentenced at Liverpool Crown Court today.

David Price, 69, will serve seven years and eight months in prison after admitting numerous offences of possessing and distributing indecent images of children.

Paul Whittaker, Chief Crown Prosecutor of CPS Mersey-Cheshire, said:

“Price thought he could evade justice by fleeing to a country where the UK has no extradition treaty. This was not the case.

“Our prosecutors joined forces with the specialist teams in the CPS national extradition unit, and together with government agencies in the UK and China and with investigating officers from Merseyside Police, brought this manipulative and dangerous individual before the courts.”

CPS Specialist Extradition Prosecutor Alison Riley said:

“This is the first – and so far the only – extradition from the People’s Republic of China to the UK. This case proves that even where there is no formal extradition arrangement with a country this does not prevent us from seeking a person’s extradition to face justice.

“I received a full file of papers in November 2009, prepared a formal extradition request and depositions of fact and law were sworn at South Sefton Magistrates’ Court on 17 June 2010. The extradition request was sent to the Chinese authorities in early August 2010.

“In October 2011 we were informed that Price’s extradition had been approved by the Hubei High Court, and that decision had been ratified by China’s Supreme People’s Court. The final decision of the People’s Republic of China Ministry of Foreign Affairs, which allowed the UK extradition request, was dated 20 October 2011. Officers from Merseyside Police collected Price at Beijing Capital International Airport on 7 November 2011 and escorted him back to the UK.

“We have worked hard with colleagues across government and held discussions with the Chinese authorities so this extradition could take place. It is a tribute to all those involved in this case that they were determined that Price should be held to account for what he did and that even when he fled to the other side of the world, this was not far enough. Criminals should take heed that, as Price discovered, there is no guaranteed safe hiding place.”

Price was living in Southport when he was first arrested on suspicion of committing these offences in 2003. He was placed on bail while investigations were underway, but fled the country and was eventually traced in China.

Mr Whittaker said:

“The efforts of all the agencies involved have ensured that David Price has been brought to justice for his deplorable crimes against children. Price believed that his crimes were victimless. However, every image he had and shared contained a child who has a family and a future and a life which Price was complicit in destroying.”

Update on Huhne case in light of a national newspaper’s decision to withdraw its appeal against a production order

A spokesperson for the CPS said:

“We are pleased that the appeal has been withdrawn. As soon as we have received the evidence we will consider it carefully and will reach a decision as soon as possible.”

CPS announces appointments to new Advocate Panels

The anxious wait is over today for barristers and solicitors from around England and Wales who applied to join the new Crown Prosecution Service Advocate Panel.

The CPS is the country’s largest law firm, and will now be able to draw on a refreshed pool of high quality advocates to act on its behalf in the Crown Court and Higher Courts.

Keir Starmer QC, the Director of Public Prosecutions, said:

“The creation of the CPS Advocate Panel is a turning point in prosecution advocacy which will shape the way in which we instruct cases for the next generation of advocates. It is crucial that the CPS can instruct the very best advocates to present our cases from both within and outside the organisation, and this scheme means we now have a pool of quality assured barristers and solicitors with the talent and experience to do that.

“Of those who applied, nearly three quarters (74%) were successful in gaining a place on the panel at the level they applied for, with a further 17% being offered a position at the next panel down.

“Previously, advocates were selected from a list of around 4,500 individuals and the CPS will now draw on a pool of about 2,580 successful applicants who have been through an open and rigorous selection process.

“As a result of this process those members of the self-employed Bar and solicitors who have a place on an advocate panel will now have a greater opportunity to undertake advocacy work on behalf of the CPS.”

Advocates who applied were placed in one of four levels, so that the work they are given at least matches their ability, knowledge and experience. About 236 or nine per cent of applicants were not successful for a place on the panel, although 75 of those are on a reserve list.

Applications were received from 2,816 candidates, and now that their applications have been evaluated and moderated by members of the CPS and the independent Bar, 2,580 barristers and solicitors have succeeded in their applications and will begin providing the CPS with quality-assured advocacy. It is expected that the Panels will be operational from 1 February.

Mr Starmer said:

“The scheme was developed in close co-operation with the Bar Council, and was run with the assistance of many members of the independent Bar itself. We are grateful for their support, and for the positive feedback we have received on the thoroughness, fairness and transparency with which the scheme was conducted. We are also grateful to the Law Society and their broad support of these proposals on behalf of solicitor advocates.

“Applicants will be told of the result of their application in the coming days and the selection process for the specialist Panels to be used by the CPS Central Casework Divisions will now begin.”

Any applicants who are not successful have the right to appeal that decision. Those advocates who are currently representing the CPS in ongoing cases and have not been successful in obtaining a place on an Advocate Panel will continue to represent the CPS until their cases come to an end.

The full panel list is available on the CPS website.

The process of appeals can also be found on the CPS website here.

Additional information:

Statistics:

• Previous number of advocates on CPS list: around 4,500
• Number of applicants for Advocate Panel scheme: 2,816
• Number of applicants successful at level applied for: 2,094 (74%)
• Number of applicants successful at level below that applied for: 486 (17%)
• Number of applicants with a place on a panel (either at level applied for or for one below): 2,582 (91%)
• Number of applicants on the reserve list: 75 (3%)
• Number of unsuccessful applicants (not on any Panel or reserve list): 161 (6%)

Statement from the DPP in response to the House of Commons Justice Committee report on Joint Enterprise

The Director of Public Prosecutions, Keir Starmer QC said:

“Having studied the report and considered its content I have decided that the CPS will now produce guidance on the approach we will take to cases of joint enterprise, including guidance on the proper threshold at which association potentially becomes evidence of criminality.

“This exercise will be done through consultation with interested parties of draft guidance in due course, and as with all CPS guidance, it will be kept under review.

“The CPS will now consult with the Ministry of Justice on the best way forward for collating statistics around cases involving joint enterprise.”

CPS celebrates January's 'Successes of the Month'

The CPS is celebrating the outstanding work of teams and individuals up and down the country by publishing their stories on the CPS website.

In our 'Successes of the Month', we congratulate those colleagues who have gone beyond the call of duty or who have made a real contribution to their communities by working hard to see justice done.

This month six members of CPS Wales are commended by the police for their role in the conviction of John Cooper for two notorious double murders committed in the 1980s; CPS North West delivered swift justice to a dangerous rapist; and when a colleague was involved in an accident and couldn’t appear in court, a senior prosecutor from CPS East Midlands stepped in on the morning of the trial and secured a maximum sentence for the harassment of a vulnerable individual.

Four guilty of £50 million drink fraud

Following a report on the BBC News Website today, please see below the CPS statement in full.

After a three month trial at Canterbury Crown Court, Kevin Burrage and Gary Clarke were convicted of Conspiracy to cheat the Public Revenue. They await sentence with Michael Turner and Davinder Dhaliwal who both pleaded guilty to cheating the Public Revenue at the commencement of the trial.

George Barbary, Specialist Fraud Prosecutor at the CPS said;

“The conviction of these four men marks a significant breakthrough in the prosecution and investigation of this kind of alcohol tax fraud which is estimated to cost this country up to £1bn a year.

“Burrage, Clarke, Turner, Dhaliwal and others conspired to pocket millions of pounds in unpaid tax and duty through this fraud. They used their positions and links in the trade to divert hundreds of lorry loads of alcohol from the attention of the authorities to evade taxes and duties rightly owed. What seemed like a bonanza for these criminals was in fact a tax fraud on such a grand scale that it probably resulted in a loss to the taxpayer of £50 million a year – quite possibly more.

“This is far from being a victimless crime. These fraudsters have undermined honest and hardworking retailers, as well as British taxpayers. We would all rather see the money these people stole being spent on schools and hospitals instead of being pocketed by criminals to fund luxurious lifestyles with expensive houses, jewellery, holidays, and cars; including for these defendants, highest specification Mercedes and a Sports Bentley.

“This case saw lawyers from the Crown Prosecution Service and investigators from HMRC working closely with counterparts from Belgium, France, Germany, Portugal, Italy, the Netherlands, Romania and Turkey who assisted with the investigation and in many instances provided the vital evidence needed to secure these convictions.

“At an earlier trial, John Byrne and Terrence Ward, who were in control of a haulage company, Stag Freight, were convicted for their role in alcohol diversion fraud and were responsible for many of the fraudulent movements in this latest case.”

Statement on sentencing of Christopher Towers at Newcastle Crown Court

Christopher Towers, Kelly McKone and Lynn Flaherty were today sentenced at Newcastle Crown Court for their involvement in a serious assault in June of last year which left a young woman paralysed.

Gerry Sydenham, Senior District Crown Prosecutor for CPS North East said:

“The most tragic aspect of this case is clearly the extent and nature of the injuries sustained by their victim, Claire Hilton, during this unprovoked assault. Despite being told that she may never walk again, her love for her young son and the support of her family continue to drive her recovery.

“While her grave injuries are clearly the result of Christopher Towers’ irresponsible actions, the evidence in this case has made it difficult to prove whether the severity of those injuries was the intended outcome of Towers when carrying out this attack.

“I would hope that the custodial sentence handed down today will encourage Towers to reflect upon the damage his actions have caused, not only to this innocent woman, but also to her family and to the wider community.”

Christopher Towers, 24, was sentenced to 3years imprisonment after pleading guilty to the charge of  inflict grievous bodily harm without intent and a further 30 weeks for a section 47 assault.

Kelly McKone, 29, was sentenced to a 12 month community order and 40hours unpaid work after pleading guilty to assault by beating.

Lynn Flaherty, 46, was sentenced to a 12 month community order after pleading guilty to assault by beating.

Resolve to use Facebook responsibly this year - or risk jail says Chief Crown Prosecutor

Merseyside's top prosecutor issued a New Year warning urging people to use social media responsibly, especially when involved in court cases - or risk a prison term.

Paul Whittaker, Chief Crown Prosecutor of CPS Mersey-Cheshire, said:

"Last year we saw more and more instances of people using social media in a way which had the potential to undermine prosecutions or even put them at risk of prosecution.

"For example, a number of people have been jailed after using media such as Facebook in a criminal way, or to encourage criminal behaviour."

Mr Whittaker highlighted the cases of Jordon Blackshaw and Perry Sutcliffe-Keenan who were both jailed for four years for inciting riots via Facebook during the nationwide civil unrest in August.

"The cases of Blackshaw and Sutcliffe-Keenan highlights the potential dangers of misuse of social media. Both of these young men ultimately paid with their liberty.

"Illegal on-line activity does not have to relate to riots - it can be any encouragement to carry out any criminal act.

"What many people may not realise is that posting information on social media means that the information is in the public domain and can be viewed by anyone. This can expose the user to arrest and prosecution if their activity breaks the law, such as if it involves racist abuse. Many people do not seem to appreciate this.

"The irony is that the person will have effectively handed police and prosecutors the evidence to build a case against them."

Mr Whittaker also warned those involved in prosecutions to avoid the temptation to use social media to become a digital detective or virtual judge and jury.

"We've seen instances of people conducting makeshift Facebook I.D. parades and searching for suspects on-line. People have also posted comments about ongoing court cases which can have very serious implications if prosecutions are still running.

"If people don't stop and think, it's only a matter of time before a case collapses because of careless comments on-line which would be devastating for us and, more importantly, for any victim involved.

"I urge people to resolve to let investigators and prosecutors do their job this year and resist the temptation to become virtual vigilantes."

Statement on convictions of David Norris and Gary Dobson for the murder of Stephen Lawrence

Alison Saunders, Chief Crown Prosecutor for London, said:

“The Crown Prosecution Service brought this prosecution after a lot of hard work and scientific developments. We have worked very closely with the police throughout their investigations and with the Lawrence family to bring these killers to justice.

“This is one of the most significant cases of this generation: changing attitudes, policing and the law. It has taken a long time and a lot of hard work to get here. The prosecution took the exceptional step of making an application to the High Court to quash the acquittal of Dobson and order a retrial. We were convinced that the new and compelling evidence presented by the police was strong enough to successfully prosecute these individuals. The High Court agreed with the application for a retrial.

“It should be remembered that 18 years ago, a young man lost his life. We hope these convictions will offer some justice to the family and friends of Stephen Lawrence. The family of Stephen have long campaigned for justice to be done in this case and I would like to pay tribute to them for their perseverance and determination in this matter.”

CPS authorises charge in Salford shooting case

A man has been charged with the murder of Indian student Anuj Bidve.

Anuj was shot shortly before 1.35am on Monday 26 December 2011, as he walked along Ordsall Lane, Salford.

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

“This is a continuing, thorough and particularly complex investigation which, in my view, has been handled by GMP with utmost professionalism and dedication. Rarely are so many challenges overcome without their tireless efforts.

“I can now announce that the Crown Prosecution Service has authorised the police to charge Kiaran Stapleton, a 20-year-old man from Salford, with the murder of Mr Anuj Bidve on Boxing Day 2011. There is sufficient evidence to provide a realistic prospect of conviction. 

“Mr Stapleton will appear before Manchester City Magistrates Court in the morning.

“Now that he has been charged, I must remind everyone that he is entitled to a fair trial and any reporting must not prejudice his trial.

“Finally, prosecutors and police officers remain determined to deliver justice for Mr Bidve's family and friends. They have our deepest condolences.”