CPS News Brief

Two members of West Midlands CPS staff charged with conspiracy to commit fraud - updated statement

Malcolm McHaffie, Deputy Head of Special Crime for the CPS, said:

“Following a complaint by the Crown Prosecution Service and a subsequent investigation by West Midlands Police into two members of CPS staff, I have carefully considered available evidence in relation to Lisa Joanne Burrows, a finance manager, and Tahir Mahmood an administrative assistant. Both are employed by CPS West Midlands.

“I have now concluded that it is appropriate to charge both Burrows and Mahmood with conspiracy to commit fraud.

“The charges relate to an allegation that Burrows and Mahmood (otherwise known as Joseph Thomas A’Neil), on or before 27 February 2013, conspired together to commit fraud by false representation by submitting to the Crown Prosecution Service false claims for witness care taxi services to the value of at least £1,000,000 when no such services had been supplied. This is contrary to s1 of the Criminal Law Act 1977.

“This decision was taken under the Threshold Test of the Code for Crown Prosecutors. Both individuals have now been charged by West Midlands Police.

“These defendants now stand charged with criminal offences and have the right to a fair trial. It is extremely important that nothing should be reported which could prejudice their trial.”

 

The full charge is:

Joint charge

On or before 27 February 2013, within the jurisdiction of the Central Criminal Court, Lisa Joanne Burrows and Tahir Mahmood (otherwise known as Joseph Thomas A’Neil) conspired together to commit fraud by false representation by submitting to the Crown Prosecution Service false claims for witness care taxi services to the value of at least £1,000,000 when no such services had been supplied.

Contrary to s1 Criminal Law Act 1977

Notes to editors

Lisa Burrows, from Birmingham, date of birth 27.7.71

Tahir Mahmood, also known as Joseph Thomas A’Neil, from Birmingham, date of birth 23.11.1962

The Code for Crown Prosecutors says that in order to charge under the Threshold Test, prosecutors must determine whether the following conditions are met:

a) there is insufficient evidence currently available to apply the evidential stage of the Full Code Test; and

b) there are reasonable grounds for believing that further evidence will become available within a reasonable period; and

c) the seriousness or the circumstances of the case justifies the making of an immediate charging decision; and

d) there are continuing substantial grounds to object to bail in accordance with the Bail Act 1976 and in all the circumstances of the case it is proper to do so.

The Code for Crown Prosecutors is available at http://www.cps.gov.uk/publications/code_for_crown_prosecutors/

Clive Sharp sentenced to life for murder of Catherine Gowing

Clive Sharp has today been sentenced at Mold Crown Court for the murder of Catherine Gowing. He was sentenced to life imprisonment with a minimum term of 37 years.

Emmalyne Downing, Crown Advocate for the Crown Prosecution Service, Wales, said:

“Today’s sentencing recognises Clive Sharp’s responsibility for a most appalling, violent attack.

“Whilst Catherine’s family and friends will not have to endure a full Crown Court trial in order to obtain justice for Catherine, we are acutely aware that today’s sentencing cannot undo the unimaginable harm and distress caused by Clive Sharp.

“I would like to place on record our thanks to all those who have supported the prosecution of this case, especially those who have given statements to the police or had been willing to give evidence in court.

“Only Clive Sharp can truly know what motivated him to commit such a distressing and brutal act. What is beyond doubt is that the effects of his actions will continue to be felt by Catherine’s family and friends for years to come. Our thoughts are with them.”

DPP statement on use of external advocates

Some media have today published reports based on an email sent by a member of CPS staff suggesting how cases should be allocated to external counsel or managed internally.

Responding to reports, the Director of Public Prosecutions, Keir Starmer QC, said:

“The e-mail in question should not have been sent and categorically does not reflect the CPS policy on allocating cases to advocates. The circulation of the e-mail was small (about 43 recipients in an organisation of over 6,000 staff), it only covered advocates dealing with cases in North London Crown Courts and its existence was short-lived (it was dated 15th January 2013 and was withdrawn on 19th February 2013). I have had assurances from all Chief Crown Prosecutors across England and Wales that no such or similar scheme has been operated elsewhere in the CPS. I am disappointed that the e-mail was sent and I have assured the Attorney General, the Bar Council and the Criminal Bar Association that I will ascertain how it came to be sent and revert to them on the matter.”

Assisted suicide

Some concern has been expressed in the media today about the effect of the CPS's policy for prosecutors in respect of cases of encouraging or assisting suicide.

Assisting or encouraging suicide remains a criminal offence. The CPS guidelines do not, and could not, replace the law.

While no prosecutions have been brought since the guidelines were issued, each case is considered on its own facts and merits and any inference that the CPS has implemented a blanket policy of not prosecuting for this offence is wrong.