CPS News Brief

DPP introduces new guidance on rape charges linked to murder

The Director of Public Prosecutions, Keir Starmer QC, explained why the CPS has introduced new guidance on rape charges linked to murder in an opinion piece in the Times this morning (paywall).

"Jane Clough, a young mother and nurse, showed tremendous courage when she reported to police that she had been repeatedly raped by her former partner, Jonathan Vass. Before the case came to trial, Vass killed her. To this day he has never been tried for rape.

"When prosecutors decide whether to prosecute, they must consider not only if there is a realistic prospect of conviction but also if it is in the public interest. In the past one factor against prosecution has been if the likely sentence for an offence would not lengthen the overall jail term imposed for other crimes for which the accused is being tried. In Jane’s case, Vass pleaded guilty to murder so the rape charges were left to lie on the file, which is neither an acquittal nor a conviction.

"Jane’s parents felt that this was wrong. She had wanted Vass tried for rape and her murder effectively denied her justice. I met Mr and Mrs Clough and other parents in a similar position. Their argument was powerful: that overall sentence is not the only factor and, in many cases, the public interest will be served by bringing rape charges even when there is a murder conviction.

"So I decided to look again at this issue and, following consultation, I am today publishing revised guidance. In cases where an offence as serious as rape is alleged in the context of a subsequent murder, the Crown Prosecution Service should persist with the rape charges save in exceptional circumstances, even if no extra penalty can realistically be imposed.

"Although the CPS does not act on behalf of victims or their families, it is vital that we acknowledge how important it is that families feel that justice has been done. In this new guidance I have made it clear that prosecutors must consult families whenever a plea or conviction for murder is entered and explain to them the implications of not proceeding with other charges. That does not mean that the CPS will always persist with charges, but leaving charges to lie on the file will now be the exception, not the rule.

"The CPS has worked hard in recent years to improve how we prosecute rape, and we now challenge the myths and stereotypes that rape victims can attract, both in our decision-making and in court. These guidelines add to that important work.

"None of this, of course, can address the terrible loss suffered by Jane’s parents and others in a similar situation. But the delivery of justice does play a part in reconciling such tragic losses. Victims and their families should not have only a “walk on” part in our criminal justice system. They should be treated as real participants with real interests that deserve to be protected."

You can read more about the new guidance in our News Centre.

Libor scandal and criminal investigation

There have been reports in the media that criminal charges should be brought against Barclays bank and individual bankers and calling for the Crown Prosecution Service to investigate and/or prosecute. The CPS is not an investigative authority and it is the Financial Services Authority which has been working with the Serious Fraud Office (SFO) during its investigation. The SFO conducts its own prosecutions and has confirmed it is considering whether it is appropriate and possible to bring criminal charges. You can see the SFO statement here: SFO statement

CPS comment as Edward Putman, lottery winner, pleads guilty to benefit fraud

Sally Barker, specialist lawyer for the CPS welfare, health and rural division, said:

“In ten years as a prosecutor this is the most blatant case I’ve ever seen of a fraudster ripping off hardworking taxpayers through the benefits system. Edward Putman was extraordinarily dishonest and deceitful, pretending to be unable even to pay for food, while all the time this lottery winner was his luxuriating in his millions.”

Putman is due to be sentenced on 24 July at St Albans Crown Court (subject to change)

Lion Steel Ltd pleads guilty to corporate manslaughter for Steven Berry's death

Alison Storey, specialist prosecutor in the special crime division, said:

“Lion Steel Ltd has today pleaded guilty at Manchester Crown Square to the corporate manslaughter of Steven Berry at the Hyde site on Johnson Brook Road. This is the second time a company has been charged with, and now convicted for, the new offence of corporate manslaughter.

“Steven Berry fell through a fragile roof panel and tragically died as a result of injuries sustained in the fall on 29 May 2008.

“My thoughts are very much with Steven’s family at this difficult time.”

Steven Berry was 45 years old.

DPP invites defence to appeal convictions of Drax Power Station protestors

The Director of Public Prosecutions, Keir Starmer QC, has invited 29 individuals convicted following the Drax Power Station protest in 2008 to appeal against their convictions. This protest involved the former undercover officer Mark Kennedy.

Mr Starmer has also asked the Metropolitan Police Service (MPS) to examine records of all operations involving Mark Kennedy that led to convictions.

He has also signed a Memorandum of Understanding with police and other investigative agencies that will ensure information about undercover officers is shared between investigators and prosecutors and disclosed to the defence when required in future cases.

Mr Starmer said:

“As a result of concerns raised with me about the convictions of 29 individuals for offences committed during a protest near Drax Power Station in North Yorkshire in 2008, I ordered a review of the case by a senior CPS lawyer with no prior involvement in the case and asked Brian Altman QC, First Senior Treasury Counsel, to advise on the safety of the convictions.

“Having considered the conclusion of that review carefully, I have decided that the safety of the convictions should be considered by the Court of Appeal. That is because it appears to me that a senior CPS lawyer, who has since left the organisation, may not have complied fully with disclosure obligations in this case.

“The prosecution cannot lodge an appeal in these circumstances, so I have taken the unusual step of writing to the legal representative of those convicted, inviting them to appeal on the basis of non-disclosure of material relating to the activities of the former undercover officer, Mark Kennedy. The safety of the convictions is a matter that can only be dealt with by the Court of Appeal.

“Because I have real concerns about any prosecutions involving Mark Kennedy, in April I asked the Metropolitan Police Service to examine their records relating to Mr Kennedy’s deployment to confirm that the Criminal Procedure and Investigations Act 1996, which sets out disclosure obligations, was adhered to.

“The MPS has agreed to that request and is currently engaged in that exercise. This is a task that can only be carried out by the police because they hold the relevant records, but should any issues arise in cases prosecuted by the CPS, I will ensure those cases are reviewed by a senior CPS lawyer.

“More generally, I have asked Sue Hemming, the head of the CPS Special Crime and Counter Terrorism Division, to work with our Complex Casework Unit Heads to identify, from our available records, whether there are any further cases involving undercover officers that might need to be examined.

“What happened in cases involving Mark Kennedy cannot be allowed to happen again. I have therefore negotiated a Memorandum of Understanding between ACPO, SOCA and HMRC and the CPS setting out in clear terms the approach to be followed in criminal cases involving undercover officers where it is essential that there is early, frank and regular liaison between investigating officers and prosecutors.

“In addition, I have put in place mandatory training for all senior CPS staff who supervise prosecutions involving undercover officers. That training commenced in January this year and is ongoing.”

Notes

• The defendants were charged with obstructing engines or carriages on railways, an offence under section 36 of the Malicious Damage Act 1861.
• 22 of the 29 individuals were convicted on 3 July 2009 at Leeds Crown Court after trial. The remaining seven pleaded guilty on different dates: five on 29 June 2009, one on 3 July 2009 and one on 4 September 2009.
• The legal representative of the defendants raised their concerns with the DPP in a letter on 17 August 2011. The case was then reviewed by a senior CPS lawyer, who reported her findings to the DPP on 12 January 2012. Brian Altman QC, First Senior Treasury Counsel, was then instructed to review the case. He provided his advice to the DPP on 3 April 2012
• The Memorandum of Understanding was signed by Keir Starmer QC, Sir Hugh Orde OBE QPM (Association of Chief Police Officers), Trevor Pearce QPM (Serious Organised Crime Agency) and Donald Toon (HM Revenue & Customs) in June 2012 and is now in force.