CPS News Brief

CPS charging decision - Death of Ann Maguire

Peter Mann, Head of the CPS Yorkshire and Humberside Complex Casework Unit, said:

“The Crown Prosecution Service has been working closely with West Yorkshire Police in connection with the death of Ann Maguire at Corpus Christi Catholic College, Leeds, on Monday 28 April.

“A 15-year-old male was arrested in connection with this incident and has been interviewed under caution by police.

“Having carefully considered all of the evidence presented to us by West Yorkshire Police, we have concluded that there is sufficient evidence to charge this youth with the murder of Ann Maguire and that it is in the public interest to do so. The defendant will first appear at Leeds Youth Court on Thursday 1 May and at Leeds Crown Court for a bail hearing on Friday 2 May.

“The family of Mrs Maguire have been informed of this decision and they will be offered a meeting to explain the trial process and answer any questions they may have.

“The death of Mrs Maguire has attracted a very considerable amount of public interest and media activity. This defendant now stands charged with an extremely serious criminal offence and has the right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings."

Letter to The Daily Telegraph

Dear Sir,

Max Pemberton is wrong to think the Crown Prosecution has a general policy not to prosecute doctors who pre-sign forms approving an abortion without assessing the health of the woman concerned (‘Another chance to rewrite the law on abortion’, 28 April 2014). Any decision to prosecute or not is taken on the individual facts and merits of a specific case, according to the Code for Crown Prosecutors.

Mr Pemberton also misunderstands the Code’s public interest test which is not a gauge of whether there is any interest in potential proceedings. Rather, it is an impartial assessment of the public interest test as set out in the Code.

We will continue to look at any cases referred to us by police and consider them on an individual basis.

Yours faithfully,

Jenny Hopkins
Deputy Chief Crown Prosecutor
Crown Prosecution Service London

CPS statement - Max Clifford

Jenny Hopkins, Deputy Chief Crown Prosecutor for CPS London, said:

“Today’s verdicts provide a long-denied justice to the victims of serious sexual offences. I would like to thank these victims for having had the courage to come forward and give evidence. The victims of sexual abuse, whenever it may have taken place, should know that police and prosecutors will listen.

“It is only right that we now take some time to consider our position on the hung count and we will update the court accordingly.”

‘Globetrotting’ woman jailed for large scale benefit fraud

Tracy Johnson has today been jailed for one year having been convicted of 13 counts of benefit fraud at Merthyr Tydfil Crown Court.

Ms Johnson was found to have travelled the globe and set up companies in South America, all while claiming to suffer from severe health problems, including agoraphobia, post-traumatic stress disorder and depression. She was found to be in fraudulent receipt of Disability Living Allowance, Income Support, Housing and Council Tax Benefit and Child Tax Credits totalling £48,000 between 2005 and 2007, despite having made multiple trips to India, South America and New York during that time.

Andrew Penhale, Deputy Head of Fraud at the Crown Prosecution Service, said:

“Tracy Johnson plotted a blatant fraud against the public purse. She used taxpayers’ money to fund a lavish, globetrotting lifestyle, all the while exploiting a system designed to support society’s most vulnerable citizens.

“This is one of the worst examples of benefit fraud that we have seen. Ms Johnson claimed more than £1000 per month in benefit payments over five years, when in truth she was spending the majority of her time either travelling or working abroad.

“Not only did Ms Johnson travel the globe while claiming she was ‘a prisoner in her own home,’ but she also ran her own tour guide company in South America and earned money working as a wedding photographer. In 2011 she even authored a book entitled ‘Last Tango in Buenos Aires’, detailing her experiences as an English woman living in Argentina.

“Making a false claim to suffer from anxiety, depression and agoraphobia undermines those who do genuinely suffer from these debilitating conditions.”

CPS authorises charge against two individuals for conspiracy to commit misconduct in public office

Gregor McGill, a senior lawyer at the Crown Prosecution Service, said: "The CPS has today authorised the Metropolitan Police to charge Robert Norman and summons Stephen Moyes to be charged with conspiracy to commit misconduct in public office.

"Both individuals will appear before Westminster Magistrates' Court on 8 May 2014.

"The CPS has decided there is insufficient evidence to prosecute one other individual and they have been informed they face no further action.

"May I remind all concerned that criminal proceedings against Robert Norman and Stephen Moyes will now be commenced and that both have a right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings."

The full charges are:

Stephen MOYES and Robert NORMAN, between 30 April 2006 and 1 May 2011, conspired together and with others unknown to commit misconduct in public office, contrary to s.1(1) of the Criminal Law Act 1977. 

Paul Flowers charged with drug possession

Clare Stevens, from CPS Yorkshire and Humberside’s Complex Casework Unit, said:

“We have carefully considered a file of evidence gathered by West Yorkshire Police in relation to alleged criminal offences committed by Paul Flowers in Bradford in November 2013.

“Following a review of the evidence, I have concluded that there is sufficient evidence and it is in the public interest to charge Paul Flowers with possession of Class A and Class C drugs relating to an incident on 9 November 2013.

“In addition, there is sufficient evidence to show that another individual offered to supply a variety of drugs in connection with this incident. I have concluded that Gavin Woroniuk should be charged with four offences of offering to supply a controlled drug as well as one count of possessing criminal property.

“The decision to prosecute was taken in accordance with the Code for Crown Prosecutors. We have determined that there is sufficient evidence for a realistic prospect of conviction and that a prosecution is required in the public interest.

“Paul Flowers and Gavin Woroniuk will appear at Leeds Magistrates’ Court on 7 May 2014.

“Proceedings are now active and both defendants have the right to a fair trial. It is very important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.”

Notes to editors

The authorised charges are:

Paul Flowers

• Possession of a Class A drug, namely cocaine
• Possession of a Class A drug, namely methamphetamine
• Possession of a Class C drug, namely ketamine

Gavin Woroniuk

• Offer to supply a Class A drug, namely cocaine
• Offer to supply a Class A drug, namely methamphetamine
• Offer to supply a Class B drug, namely cannabis
• Offer to supply a Class C drug, namely ketamine
• Possession of criminal property, contrary to Section 329 of the Proceeds of Crime Act 2002

Sir Norman Bettison and alleged theft/handling of platinum

Review of Derbyshire Police charging recommendation, conducted on behalf of South Yorkshire Police

An investigation was undertaken by Derbyshire Police in 2013, at the request of South Yorkshire Police (SYP), into the alleged theft and handling of a quantity of platinum by Sir Norman Bettison in 1987. This has been widely publicised. Derbyshire Police recommended to SYP in July 2013 that no further action be taken and subsequently SYP asked the Crown Prosecution Service to confirm this recommendation was correct.

We have completed a fresh review of the evidence and decided that there is insufficient evidence to prosecute. An essential legal element of the alleged offences is that the prosecution must be able to prove that the goods in question were in fact stolen. There was insufficient evidence to establish this and as such a prosecution for theft or handling stolen goods is not possible. Should any further evidence come to light we will, of course, consider it.

This decision was taken in accordance with the Code for Crown Prosecutors.

CPS statement following acquittal of Nigel Evans

The complainants in this case provided clear accounts of the alleged offending and it was right that all of the evidence was put before a jury. That evidence could only be fully explored during a trial and the jury has decided, after hearing all of the evidence, that the prosecution has not proved its case beyond reasonable doubt. We respect this decision.

Two charged with conspiracy to commit misconduct in public office and conspiracy to commit forgery

Gregor McGill, a senior lawyer at the Crown Prosecution Service, said:

“The CPS has today authorised the Metropolitan Police to charge both Kenneth Hall and Karen Hall, who are husband and wife, with one count of conspiracy to commit misconduct in public office and two counts of conspiracy to commit forgery.

“Both individuals will appear before Westminster Magistrates’ Court on 8 May 2014.

“The CPS has decided that it is not in the public interest to prosecute one other individual for conspiracy to commit misconduct in public office. They have been informed they face no further action.

“May I remind all concerned that criminal proceedings against Kenneth and Karen Hall will now be commenced and that both have a right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.”

 

The full charges will be:

(1) Kenneth HALL and Karen HALL nee SCATES, between the 29 June 2002 and the 6 October 2004, conspired together and with others, to commit misconduct in  public office,

Contrary to section 1(1) Criminal Law Act 1977.

 

(2) Kenneth HALL and Karen HALL nee SCATES, between the 6 October 2004 and 6 July 2006 conspired together, to commit forgery contrary to section 1 of the Forgery and Counterfeiting Act 1981, by making false instruments, namely documents purporting to be official Broadmoor hospital records, intending to induce News Group Newspapers Limited and others, to accept them as genuine, and do some act to their own or any other person’s prejudice,

Contrary to section 1(1) Criminal Law Act 1977.

 

(3) Kenneth HALL and Karen HALL nee SCATES, between the 6 October 2004 and 6 July 2006 conspired together, to commit forgery contrary to section 1 of the Forgery and Counterfeiting Act 1981, by making false instruments, namely documents purporting to be official Broadmoor hospital records, intending to induce Mirror Group Newspapers and others, to accept them as genuine, and do some act to their own or any other person’s prejudice,

Contrary to section 1(1) Criminal Law Act 1977.

Diplomatic Protection Group officer charged under Obscene Publications Act

Jenny Hopkins, Deputy Chief Crown Prosecutor for CPS London, said:

“We have been asked to review a file of evidence submitted by the Metropolitan Police Service’s Department of Professional Standards concerning alleged offences under the Obscene Publications Act.

“Following a review of the evidence, we have concluded that James Addison, a police constable in the Diplomatic Protection Group, should be charged with 11 offences. It is alleged that between 17 February 2013 and 6 June 2013, PC Addison distributed moving images via his mobile telephone, contrary to section 2(1) of the Obscene Publications Act 1959.

“The decision to prosecute was taken in accordance with the Code for Crown Prosecutors. We have determined that there is sufficient evidence for a realistic prospect of conviction and that a prosecution is required in the public interest.

“PC Addison will appear at Westminster Magistrates’ Court on 23 April 2014.

“May I remind all concerned that PC Addison has a right to a fair trial. It is very important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings. For these reasons, it would be inappropriate for me to comment further."

Two prisoners sentenced for threatening to kill prison officer

Feroz Khan and Fuad Awale were today sentenced at the Old Bailey for making threats to kill against a prison officer at HMP Full Sutton on 26 May 2013. Feroz Khan was also sentenced for one count of grievous bodily harm (section 20, Offences Against the Person Act) against the officer and was jailed for a total of six years. Fuad Awale was also jailed for six years. Both sentences will run consecutively to sentences currently being served.

Mari Reid, from the Crown Prosecution Service Counter Terrorism Division, said:

“The incident at HMP Full Sutton in May last year was carried out in the wake of the savage murder of Fusilier Lee Rigby.

“Feroz Khan was the instigator and leading figure of this threatening duo. As individuals, they had been jailed as dangerous murderers and working together they were shown to be brazen operators who made a number of demands including the immediate release of Abu Qatada and Roshonara Choudhry.

“The prisoner officer was subjected to a terrifying ordeal and was struck so hard that his right cheek bone was fractured. Today’s convictions show our determination to protect prison officers from such violence and bring the full force of the law against perpetrators.”

DPP puts victims at the heart of new standards for all prosecutors

The Director of Public Prosecutions, Alison Saunders, has today set new standards for the work of prosecutors, publishing what she expects of those prosecuting crime for the CPS. The new Casework Quality Standards apply to all cases prosecuted by the CPS and specifically address what victims can expect from those who prosecute on their behalf.

The CPS prosecutes over 800,000 criminal cases a year and the Casework Quality Standards set out the benchmarks of quality expected by the DPP in every major aspect of CPS work.

The four new standards also place greater emphasis on the quality of casework bringing them up-to-date for the CPS in 2014 and replacing the previous 12 Core Quality Standards. The new standards are:

• Victims, witnesses and communities;
• Legal decision-making;
• Casework preparation; and
• Presentation in court.

The standards take effect from today, 7 April 2014, and the public has been urged to have their say during the public consultation period which runs for the next three months. In addition to this, separate quality standards in respect of Complaints Handling and Community Engagement will be published soon.

Announcing the new standards today, DPP Alison Saunders said:

“The work we do delivering justice for the public we serve is a vital part of a functioning democracy and the public should know what to expect from us, particularly when it comes to the quality of our casework and our work with victims.

“The best service we can give victims is to prosecute their cases professionally while keeping them informed and supporting them through the sometimes difficult process of a trial. That is why, alongside decision-making, case preparation and presentation in court, I have identified victims, witnesses and communities as one of the four focus areas.

“The public depends on us to make the right decisions when we prosecute and I urge them to respond to this consultation because these are measures against which they can hold us to account.”

Notes to editors:

The public consultation on the new casework standards has been published on the CPS website and can be found here: http://www.cps.gov.uk/consultations /CQS_consultation_index.html