CPS News Brief

One individual informed that no further action will be taken in relation to two counts including conspiracy to intercept phone voicemail messages

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

“The CPS has today [3 October 2014] decided that no further action will be taken in relation to an individual arrested on 30 August 2012, concerning allegations of conspiracy to intercept phone voicemail messages and conspiracy to pervert the course of justice.

“After careful consideration it has been decided that there is insufficient evidence for a realistic prospect of conviction. This decision has been made in accordance with the Code for Crown Prosecutors.

“Any decision by the CPS does not imply any finding concerning guilt or criminal conduct; the CPS makes decisions only according to the test set out in the Code for Crown Prosecutors and it is applied in all decisions on whether or not to prosecute.”

For editors:

The CPS's function is not to decide whether a person is guilty of a criminal offence, but to make fair, independent and objective assessments about whether it is appropriate to present charges for the criminal court to consider. The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. It is not a finding of fact, which can only be made by a court, but rather an assessment of what it might be possible to prove to a court, in accordance with the Code for Crown Prosecutors.

This assessment is based on the evidence available arising out of the police investigation and not on the evidence that is likely to be gathered by the defence, and likely to be used to test the prosecution evidence. The CPS charging decision is therefore necessarily an assessment on the basis of the evidence that is available to the CPS at the time the decision is made.

CPS prosecutors must also keep every case under review, so that they take account of any change in circumstances that occurs as the case develops, including what becomes known of the defence case. If appropriate, the CPS may change the charges or stop a case.

Man and wife sentenced following the sale of fraudulent bomb detectors

Samuel and Joan Tree, from Dunstable, have today been sentenced at Kingston Crown Court, following a trial at the Central Criminal Court, for an offence contrary to section 7 of the Fraud Act 2006. Samuel Tree has been sentenced to three and a half years and Joan Tree has been handed a two years suspended sentence with 300 hours community service. This is the last of four trials which relate to sales of fraudulent bomb detectors.

Elspeth Pringle, specialist prosecutor at the CPS, said:

“The deception undertaken by Samuel and Joan Tree is staggering – for many years they sold a product made in a shed in their back garden which, they claimed, could detect drugs, explosives and other substances. They even claimed it was capable of finding missing children. All of these claims were false; however Samuel Tree used whatever tactics he could to persuade his clients otherwise, resulting in the sale of these devices for hundreds and sometimes thousands of pounds when in reality they cost little more than a few pounds to make.

“The severity of this deception is underlined by the fact that the Trees sold these devices, which were to be used in dangerous, high-pressure and hazardous situations, knowing that they would provide no benefit or security for the men and women using them. When in its essence, the Alpha 6 device sold and created by Samuel and Joan tree was nothing more than a plastic box with antennae on the top and some pieces of paper inside, they put many lives at risk for the sake of making a profit.”

This sentencing marks the end of the four trials which were brought against six people accused of selling fake bomb detectors.

For information:

Samuel Tree

Convicted of: Making an article for use in the course of a fraud, namely that between 14th January 2007 and 12th July 2012 at 15 Houghton Road, Dunstable made an article, namely an Alpha 6 device, knowing that it was designed or adapted for use in the course of or in connection with fraud or intending it to be used to commit, or to assist in the commission of, fraud. Contrary to section 7(1) of the Fraud Act 2006

Joan Tree

Convicted of: Making an article for use in the course of a fraud, namely that between 14th January 2007 and 12th July 2012 at 15 Houghton Road, Dunstable made an article, namely an Alpha 6 device, knowing that it was designed or adapted for use in the course of or in connection with fraud or intending it to be used to commit, or to assist in the commission of, fraud. Contrary to section 7(1) of the Fraud Act 2006

CPS Statement: Criminal extradited from Spain and jailed for non-payment of UK Confiscation Order

Martin Hickman, who was convicted in relation to the illegal sale and supply of medicinal products in 2009, has been extradited from Spain and jailed for 10 years after failure to pay a confiscation order made against him in 2012 at Southwark Crown Court. 

Nick Price, Head of CPS Proceeds of Crime said:

“Martin Hickman’s crimes were unscrupulous and greedy, putting people’s health at risk for the sake of pure profit. Having failed to pay his debt, he has now begun a ten year sentence behind bars.

“Mr Hickman’s arrest, extradition from Spain and subsequent imprisonment back in the UK should send out a clear message to criminals seeking to hide themselves and their assets abroad: if you won’t pay up, we will find you and you will go to jail.

“We would like to thank Titan, the North West Regional Organised Crime Unit and International law enforcement colleagues for their tireless work on this case.”

Background

• Hickman was prosecuted by DWP in relation to the illegal sale and supply of medicinal products. He was convicted on 06/03/09, having pleaded guilty to five counts on the Indictment, and was convicted of one further offence following a guilty plea on 16/03/09. On 08/06/09 he was sentenced to 2 years imprisonment. On 27/04/12 a Confiscation Order was made. DWP prosecutions were transferred to the CPS on 1 April 2012.

• Martin Hickman was jailed for 10 years following his extradition from Spain in August after failure to pay on a Confiscation Order made against him at Southwark Crown Court on 27/4/12 for £14,407,850.28.

• His Confiscation Order currently stands at £13,940,391.44 plus interest. The service of the default sentence will not expunge the debt.

• A European Arrest Warrant was issued in March this year. Mr Hickman was arrested in Spain in early July and extradited to the UK on 13 August where he was taken immediately to prison to begin his sentence.  

 

DPP publishes final standards for all prosecutors

Alison Saunders, the Director of Public Prosecutions, has today published the final version of new standards for all CPS prosecutors. This follows a consultation with the public, which demonstrated that draft interim standards published in April 2014 were largely in the right place.

Casework Quality Standards apply to all cases prosecuted by the CPS and set out the benchmarks of quality expected by the DPP in every major aspect of CPS work. The four standards also place greater emphasis on the quality of casework and replace the previous 12 Core Quality Standards. The Casework Quality Standards are:

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

Alison Saunders said: “I am grateful to those organisations and individuals who have taken the time to respond to our public consultation - with their help I am confident that we now have a clear set of standards against which both we and the public can measure our performance.

“In particular, these standards are a very clear commitment to victims and witnesses. Our success in prosecuting criminals relies on the willingness of victims and witnesses to engage and give evidence, so it’s right that they should know what to expect from us and be able to hold us to account when necessary. That’s why, following consultation with the public, our standards now promise to protect the interests of victims in the court process, which we know can be a difficult experience.

“These are the standards for a modern and forward-looking CPS, with a focus on victims and casework quality. I’m particularly pleased that the public consultation welcomed, for example, our emphasis on identifying the proceeds of crime and ensuring that criminals do not retain any financial advantage. Such work embodies what we now expect of our public prosecutors; effective, thorough and doing all they can to serve victims and the wider public.”

 

 

Background:

The final Casework Quality Standards are available on the CPS website, along with a summary of responses from the public consultation. The initial review considered the original Core Quality Standards 1 to 10, relating to the key aspects of casework from advice to presentation. In their place, there are now four new standards.

A separate consultation in respect of the Complaints Handling and Community Engagement Quality Standards is currently ongoing and is due to conclude on Friday, 10 October 2014.