John Gowland and Dominic Wallis have today pleaded guilty to the theft of copper railway cabling in Warwickshire following the earlier guilty pleas of Flame Redshaw and John Brunozzi-Jones on 30 January 2012. Between August 2010 and March 2011, their criminality caused some 500 hours of delay and affected 58 train services.
These convictions follow the launch of Crown Prosecution guidance for lawyers on tackling metal theft, highlighting the significant and damaging impact it has on communities and industry.
Keir Starmer QC, the Director of Public Prosecutions, said:
“The impact of metal theft on the railway network can be particularly severe, with serious disruption to services and the threat to safety for all those who use, and work on, the rail network, not to mention the cost implications. In this case alone, the cost to Network Rail for repairs and compensation was £135,000.
“Metal theft is far from a victimless crime; it causes frustration and disruption to commuters and can be a real burden on taxpayers who are forced to fund, directly or indirectly, costly replacements, especially on the railway network. Not only does it cause problems for business and the railways, it indiscriminately targets homes, churches and memorials. I am determined my prosecutors take a firm stand on this issue and that is why we have issued guidance specifically to deal with this crime.”
The CPS guidance reminds prosecutors that whilst the scrap value of the metal concerned is sometimes negligible, the public harm it causes is widespread. Prosecutors will highlight the full facts of a case, actively obtaining information on the impact and effect of such thefts which may go far wider than the direct loss or damage caused, allowing the courts to sentence appropriately.
Mr Starmer said:
“Victims and witnesses of metal theft play a crucial role in helping us to prosecute and I urge them to report these crimes to the police as soon as possible. The sooner the police are able to act, the more likely it is that they will be able to gather the evidence we need to prosecute.”
Prosecutors are reminded of the range of charges available to them, including criminal damage, money laundering and handling stolen goods as well as theft. Prosecutors can also ask the court to consider deprivation and disqualification orders, denying thieves of their car or van where a vehicle and driving license is vital to the success of their criminal activity.
“When metal theft occurs, whether it is railway cables, lead from a village church roof or commemorative metal plaques honouring our war dead, we want to mount a robust prosecution of those responsible. A number of prosecutions resulting in tough custodial sentences, compensation and confiscation of vehicles have already been achieved. We are now building on this success, keeping up on the pressure on criminals who blight the lives of all those affected,” Mr Starmer added.
The CPS Theft Act Offences guidance can be read in full on the Legal Guidance section of the CPS website