CPS News Brief

Police officers fined for assaulting man in custody

Gerry Sydenham, Head of the Crown Court Unit at CPS North East, said:

“Every serving police officer has a commitment to ensuring the welfare of members of the public, including those brought into custody. As such, there are clear, stringent guidelines governing exactly how and when people are to be restrained and the level of force appropriate to this.

“The overwhelming majority of police officers operate in strict accordance with these guidelines, often despite challenging circumstances, and as a result cases of this nature are incredibly rare.

“In this case, however, the use of force was both unnecessary and unlawful and the actions of the officers amounted to assaults upon the victim Mr Healer, making a prosecution wholly appropriate.”

Two serving officers from Durham Constabulary were today fined a total of £750 and ordered to pay costs totalling £1300 at Teesside Magistrates Court, after being found guilty of assaulting a man in custody.

Sgt Stephen Harvey and DO Michael Mount were each found guilty of two counts of assault against their victim, David Healer, while he was detained at Peterlee Police Station in March of last year. Sgt Harvey was ordered to pay a fine of £450 and £900 costs and DO Mount a £350 fine and £400 costs.

The case was brought by the Crown Prosecution Service after an investigation by the Independent Police Complaints Commission (IPCC).

Charging announcement regarding The Spectator magazine

CPS London Chief Crown Prosecutor Alison Saunders said:

“The Crown Prosecution Service has today (9 May 2011) informed the publishers of The Spectator magazine of our decision to charge them with an offence under Section 83 of the Criminal Justice Act 2003, in relation to an article by Rod Liddle about the recent Stephen Lawrence trial.

“On 24 November 2011 the Attorney General referred an article published in The Spectator magazine to the Crown Prosecution Service for consideration of whether a reporting restrictions Order in place at the time had been breached.

“The article in question was dated 19 November 2011 and came during the trial of Gary Dobson and David Norris who were accused, and subsequently convicted, of the murder of Stephen Lawrence. The Judge, Mr Justice Treacy referred the article to the Attorney General for consideration under his contempt powers.

“Due to the intense media interest in this case an Order under Section 82 of the Criminal Justice Act 2003 prohibiting publication of certain assertions about the defendants was in place. This Order was imposed by the Court of Appeal on 18 May 2011 and was continued at the commencement of the trial on 14 November 2011.

“Having applied the full code test in the Code for Crown Prosecutors I have taken the decision that there is a realistic prospect of conviction. The Attorney General has determined that it is in the public interest to proceed and he has given his consent to this prosecution.

“Where a charge is brought under Section 83 of the Criminal Justice Act 2003 and the publication is a newspaper or periodical, the proprietor, editor or publisher may be liable for the offence, and not the author.

“Accordingly a summons against the publisher of the magazine, The Spectator (1828) Ltd has been obtained from City of Westminster Magistrates’ Court, and the first hearing will be on 7 June 2012.”

Additional Information

The details of the charge are:

Offence: On 16/11/2012 being the publisher of newspaper or periodical publishing matter contravening an order made under section 82 Criminal Justice Act 2003.

Particulars: on 16/11/2011 within the jurisdiction of the Central Criminal Court, when an order made at the Court of Appeal Criminal Decision on 18 May 2011 under Section 82, Criminal Justice Act 2003 had effect, The Spectator (1828) Ltd, as publishers of The Spectator included in The Spectator an article by Mr. Rod Liddle in contravention of that Order.

Contrary to Sections 83(1) & (2) of the Criminal Justice Act 2003.

PC Harrington faces ABH charge

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

“In February this year the Crown Prosecution Service decided there was insufficient evidence to charge PC Joseph Harrington in relation to an alleged assault on a young man in custody in August 2011.

“The incident was investigated by the Independent Police Complaints Commission, with CPS involvement beginning in November 2011. The IPCC gave summaries of interviews to the CPS in February, and in the same month the CPS decided that there was no realistic prospect of conviction in the matter.

“Grace Ononiwu, Deputy Chief Crown Prosecutor for CPS London, directed in April that there should be a new review of this case after concerns were raised with CPS London.

“That review is now complete and I have decided that there is sufficient evidence for a realistic prospect of conviction to charge PC Harrington with assault occasioning actual bodily harm contrary to section 47 of the Offences Against the Person Act 1861.

“Occasionally, a new look at a prosecution decision shows that the wrong view of the evidence was taken. That is regrettable. In this case, the conclusion originally reached was not tenable on the available evidence.

“When a review shows a previous decision not to prosecute is clearly wrong, it is open to the CPS to rectify that error by reconsidering the prosecution decision at Chief Crown Prosecutor level.

"As Chief Crown Prosecutor for London, I have taken the decision in this case that not only is there sufficient evidence to provide for a realistic prospect of conviction, and that a prosecution is required in the public interest, but that a prosecution is necessary in order to maintain confidence in the criminal justice system. That is the test I must apply under the Code for Crown Prosecutors when reinstituting a prosecution. It is clear that the allegation of using excessive force on a handcuffed 15 year old in custody is a serious matter.

“Accordingly I have advised the IPCC to summons PC Harrington.

“I hope the seriousness with which the CPS has taken this matter gives the public confidence that we are an organisation which will review our decisions, openly accept when we’ve got them wrong and then take the correct course of action.

“All parties have now been informed. Can I please remind all concerned that PC Harrington is to be prosecuted for a criminal offence and has a right to a fair trial. It is very important that nothing is said, or reported, which could prejudice his trial. Proceedings are now active.”