CPS News Brief

CPS statement: Conspiracy to commit misconduct in public office charge

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

“The CPS has today, 28 February, authorised the Metropolitan Police to charge Simon Quinn with one count of conspiracy to commit misconduct in public office between 1 November 2000 and 30 January 2011.

“Mr Quinn will appear before Westminster Magistrates’ Court on 10 March 2014.

“Criminal proceedings have now commenced and this defendant has 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.”

 

Charge:

SIMON QUINN, between 1 November 2000 and 31 January 2011 conspired together with journalists and other persons unknown to commit misconduct in a public office

Contrary to section 1 Criminal Law Act 1977.

DPP seeks public views on bringing non-recent cases to court - where a nominal penalty is likely

The Director of Public Prosecutions has today instructed prosecutors not to dismiss complaints about crimes allegedly committed decades ago just because of the lapse in time of reporting, in a shift of focus towards ensuring potential victims have their day in court.

Alison Saunders is asking Crown Prosecution Service lawyers to carefully consider the impact of the alleged offending on the victim concerned, as well as the views of the victim on whether bringing a prosecution will help them come to terms with what they say happened to them.

Previously, the length of time passed and the fact that an offender may only receive a nominal penalty could have dissuaded prosecutors from charging a non-recent case as they may have considered it not in the public interest.

New legal guidance is now in force in relation to cases where a nominal penalty is likely to be passed, often because an offender has been prosecuted and sentenced for similar offending previously. The Director is asking for public views on the approach for the next three months. This guidance will also be applied immediately to cases currently being considered by the joint CPS/ACPO National Child Sexual Abuse Panel.

The new approach requires prosecutors to consider that “the impact over time might have become greater and led to adverse effects on the victim’s physical or mental health and their circumstances in general. A prosecution, especially for a more serious non recent offence may help the victim through the offender being brought to justice even if the courts are likely to only impose a nominal penalty. An admission or finding of guilt may help the victim come to terms with the offence committed against them.”

Alison Saunders, Director of Public Prosecutions, said the guidance makes clear that a sense of justice for the victim is a crucial factor for prosecutors to consider:

“I want potential victims of crime to know that it doesn’t matter how long ago a crime is alleged to have been committed, we will take it seriously and we will take the views of the victims, or their families where appropriate, into account when deciding if we should prosecute.

“Of course, where the most serious offences are being alleged it is nearly always in the public interest to prosecute, and the evidential test remains the same - only those cases where there is sufficient evidence will be considered for prosecution. But whereas previously we have thought that the passage of time in certain cases lessened the public interest in prosecuting, that is not the case anymore. We will consider cases in the same way be they 30 days or 30 years old. I am determined that victims of these crimes get their day in court, where appropriate.”

The guidance also reminds prosecutors that ancillary orders should not necessarily be considered as a nominal penalty and therefore where they are likely following conviction, it may be in the public interest to bring a prosecution.

These include (but are not restricted to):

• Disqualification from working with children
• Compensation orders for victims
• Sexual offences prevention orders
• Financial reporting orders
• Deportation orders

Alison Saunders continued:

“I want the public’s views on this shift in approach, which I believe is necessary, not only for new complainants bravely coming forward for the first time, but also because we are seeing cases coming forward to the joint CPS ACPO child sexual abuse panel for review, where the allegations are in relation to offending some years ago.

“Victims may not have come forward in the past due to a lack of confidence in the criminal justice system, or for many other reasons, but this is changing. The passage of time is not a barrier to prosecution and I hope this guidance will give prosecutors the tools to help us get justice for victims who may have been living with the trauma of the past offending for many decades.

“I urge all those with an interest in tackling these crimes to respond to the consultation.”

The guidance has been published for consultation on the CPS website and can be found here: https://www.cps.gov.uk/consultations/public_interest_cases_consultation_index.html

Michael Adebolajo and Michael Adebowale sentenced for the murder of Lee Rigby

Michael Adebolajo and Michael Adebowale were today jailed for life at the Old Bailey. In sentencing, the court applied Section 30 of the Counter-Terrorism Act 2008, which makes provision for certain mainstream offences to be considered as having a terrorism connection. Section 30(2) imposes a mandatory requirement on the court to decide whether an offence has a terrorist connection and if, having heard from the parties, it decides that it does it must then treat it as an aggravating factor (s.30(4)).

Sue Hemming, Head of Special Crime and Counter Terrorism at the Crown Prosecution Service, said:

“Michael Adebolajo and Michael Adebowale revelled in one of the most appalling terrorist murders I have seen whilst head of counter terrorism at the CPS.

“Not only was the attack brutal and calculated, it was also designed to advance extremist views. As a soldier, Fusilier Lee Rigby was targeted in a clear act of revenge, deliberately carried out in full view of members of the public for maximum impact.

“Under the law, terrorism is committed by a defined act designed to influence a Government, the public or an NGO for the purpose of advancing a religious, political, ideological or racial cause. This attack was always going to fail in that purpose as it served only to bring people together in shock, sympathy and solidarity.

“In December, the two defendants were convicted of a savage murder. Following strong argument from the prosecution, they have today been sentenced for carrying out that murder during an act of terrorism.

“I know the court process has been particularly distressing for Lee Rigby’s family. I hope they can take some small comfort from the sentences imposed today and can begin to move on.”

Eight charged with offences of misconduct in public office

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

“Following receipt of two separate investigation files from the Metropolitan Police, the CPS has today authorised the following charges.

File relating to ten individuals received on 18 October 2013:

“The CPS has authorised the Metropolitan Police to charge Tom Wells, Neil Millard, Reggie Nunkoo, Mark Blake and Rosemary Collier, and to summons Brandon Malinsky and Graham Brough, for offences of misconduct in public office.

“The CPS has decided that there is insufficient evidence in relation to three other individuals who have been informed they face no further action.

File relating to four individuals received on 4 November 2013:

“The CPS has authorised the Metropolitan Police to charge Sam Azouelos with one count of misconduct in public office between 3 July 2006 and 30 April 2010.

“The CPS has decided that there is insufficient evidence in relation to three other individuals who have been informed they face no further action.

“All defendants will appear before Westminster Magistrates’ Court on 10 March 2014.

“Criminal proceedings have now commenced and these defendants 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.”

Charges:

1. Tom Wells and Mark Blake between 27th January 2008 and 17th December 2010 conspired together to commit misconduct in public office, contrary to s 1(1) Criminal Law Act 1977.

2. Graham Brough and Reggie Nunkoo between 22nd January 2009 and 14th January 2010 conspired together to commit misconduct in public office, contrary to s 1(1) Criminal Law Act 1977.

3. Neil Millard, Reggie Nunkoo and Brandon Malinsky between 13th September 2010 and 23rd February 2011 conspired together to commit misconduct in public office, contrary to s 1(1) Criminal Law Act 1977.

4. Tom Wells between 2nd March 2010 and 30th April 2010 conspired together with a public official to commit misconduct in public office, contrary to s 1(1) Criminal Law Act 1977.

5. Tom Wells and Neil Millard between 22nd March 2010 and 9th March 2011 conspired together and with others to commit misconduct in public office, contrary to s 1(1) Criminal Law Act 1977.

6. Neil Millard and Rosemary Collier between 24th November 2010 and 23rd December 2010 conspired together to commit misconduct in public office, contrary to s 1(1) Criminal Law Act 1977.

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1. Between the 3rd July 2006 and the 30th April 2010, Sam Azouelos being a public officer, namely a Metropolitan Police Officer, and acting as such, without reasonable excuse or justification, wilfully misconducted himself to such a degree as to amount to an abuse of the public’s trust in that office, Contrary to Common Law.