CPS News Brief

Kevin Hutchinson-Foster – confirmation of charge details

The Mail on Sunday claimed last weekend (22 March) that the CPS “strangely” could not locate paperwork for a case relating to Kevin Hutchinson-Foster from 2008 in which charges were “mysteriously dropped”. This is not correct. Having been contacted on Thursday, we informed the newspaper on Friday that we were still waiting for information as the file would have been archived and it can take more than the time we had been given to retrieve information from a five-year-old case.

We have now established that  there were no charges dropped. Kevin Hutchinson-Foster was charged with possessing a prohibited weapon;  possessing ammunition without certificate, and possessing Class A controlled drug with intent to supply - Cocaine, possessing Class A controlled drug with intent to supply – Heroin and possessing Class B controlled drug– Cannabis/Cannabis resin. Following a trial he was convicted in March 2009 of the drugs offences and sentenced to 54 months imprisonment but was acquitted of both firearms offences by the jury. The file relating to this case would have been destroyed in February 2014 in line with our file retention scheme.

CPS statement on Operation Elveden appeal

CPS spokesperson said: “The judgement does not call into question the prosecution of the cases they considered but acknowledged this is an extremely difficult, and rarely visited, area of the law.  The Court of Appeal considered that the jury needed greater direction on how serious offending must be to amount to an abuse of the public’s trust than was given in this case and therefore could not be certain that the jury would have reached the same verdict if that direction had been given.

“As with all Court of Appeal rulings, the CPS will now consider the contents, and its implications, very carefully. No decision on possible retrials has been made.”

 

Additional information:

The decision on a retrial will be made by Tuesday 31 March as directed by the Court of Appeal.

Pyranha Mouldings Ltd. sentenced for corporate manslaughter following death of an employee in manufacturing oven

Following a trial at Liverpool Crown Court, the trial Judge passed sentence today whilst sitting at the Royal Courts of Justice.  Company director Peter Mackereth  was sentenced to nine months in prison suspended for two years and fined £25,000 and Pyranha Mouldings Ltd. were fined £200,000.  Pyranha Mouldings Ltd. and Peter Mackereth were also asked to pay costs of £90,000 between them.    

Alan Catterall was a supervisor for Pyranha Mouldings Ltd., a company which manufactures plastic kayaks and canoes. On the morning of 23 December 2010 a fault developed on one of the ovens used to create the kayak moulds, which was then out of service whilst maintenance work was carried out. Once the initial fault was fixed Mr Catterall began working on the machine, however the oven was turned back on with Mr Catterall inside. Mr Catterall had no means of escape and no alarm, due to the unique design of the oven which had been developed by Pyranha Mouldings Ltd.

Mark Auty, senior specialist prosecutor with the CPS said:

“Mr Catterall’s death was caused by the serious failings of his employer, Pyranha Mouldings Ltd. This wasn’t just a tragic situation; it was a tragedy waiting to happen. Mr Catterall’s death is all the more upsetting because it was avoidable.

“By choosing to take on the design and installation of the machine, Pyranha Mouldings assumed responsibility for its safety. However, the machine clearly endangered the safety of those working with it, including Mr Catterall.

“By their verdict, the jury have decided that Pyranha Mouldings Ltd is responsible for the death of Alan Catterall. This is a sad and distressing case, and our thoughts are with the family of Alan Catterall.”

  

Details of the charges:

Pyranha Mouldings Ltd. guilty of:

Corporate Manslaughter, contrary to section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007

Failing to ensure the health, safety and welfare of employees pursuant to section 2(1) of the Health and Safety at Work Act 1974

Failing to ensure the safety of an article designed, manufactured and supplied for use at work pursuant to section 6(1)(a) of the Health and Safety at Work Act 1974

 

Peter Mackereth (Director of Pyranha Mouldings Ltd.) guilty of:

Being an officer of a body corporate which committed an offence under the Health and Safety at Work Act 1974 committed with the consent, connivance or being attributable to the neglect of the office holder, contrary to section 33(1)(a) and s37(1) of the Health and Safety at Work Act 1974 as amended

 

Further information (taken from the prosecution opening):

The circumstances of Mr Catterall’s death are quite horrific. On the morning of the accident a fault had developed on one of the ovens. It was out of service for about an hour whilst maintenance work was carried out. The initial fault was fixed and one of the operators turned the machine back on. Tragically, what the operator did not realise was that Mr Catterall was still working inside the oven.

The design of the oven was such that the moment it was switched on its power-operated doors shut and automatically locked with metal bolts on the outside. Mr Catterall was trapped within the oven. There was no means of escape and no alarm. The oven is lined with insulation material, and on the noisy factory floor there was no chance of anyone hearing any cries for help.

The evidence indicates that Mr Catterall made efforts to escape using a metal crow bar, but it was to no avail. He suffered severe burns and died as a result of shock.

There had been repeated problems with the ovens breaking down and with computer failures, and every time that happened the company was losing production. Much of the responsibility for keeping production going through these difficulties would fall on Mr Catterall.

…

Even in the old factory, there was a practice of going into the ovens to remove drips of plastic. But the new ovens were much more dangerous, for two reasons. First, in the old ovens there was a drip tray which could simply be removed for cleaning. Second, in the previous factory the control panels were positioned directly in front of the ovens with a clear view of what was taking place inside.

There had been a previous incident where someone was inside the oven when the doors started to close. Staff were fearful of being stuck inside the ovens. There was another near-miss incident when a moulder turned the oven on when a fitter was working underneath it changing the belt on a motor.

Peter Boddy and David Moss sentenced in first prosecution related to the ‘horsemeat scandal’ of January 2013

Peter Boddy and David Moss have today been sentenced at Southwark Crown Court, they were each asked to pay costs of over £10,000, Moss received a four month prison sentence suspended for two years and Boddy was fined £4,000 for each count.

Peter Boddy, the owner of a slaughterhouse which sold horsemeat to customers, admitted to failing to keep adequate records which could trace the provenance of the meat. The slaughterhouse manager, David Moss, has been sentenced for falsifying an invoice.

Kevin Hansford, specialist prosecutor at the Crown Prosecution Service said:

 “FSA inspectors visited the slaughterhouse owned by Peter Boddy and managed by David Moss after widespread publicity over alleged miss-selling of meat. Documents produced for this inspection were intended to deceive the inspector and the lack of proper records meant that the source and destination of the horsemeat was untraceable. This deception is serious - the absence of proper records means that it is not possible to identify whether the horsemeat may have entered the human food chain. It also means that if there was a problem with the horsemeat it would not be possible to recall it. Both Boddy and Moss had little regard for the consequences of their actions and have now been held to account for them.”

Details of sentences:

David Moss – received a four month prison sentence, suspended for two years and asked to pay costs of £10,442 payable within six months.

Peter Boddy – was fined to pay £4,000 per count (total £8,000) and asked to pay costs of £10,442 payable within six months.

 

Details of the charges:

David Moss convicted of:

Forgery, contrary to section 1 of the Forgery and Counterfeiting Act 1981

Peter Boddy convicted of:

Failing to comply with food traceability requirements, contrary to Regulation 4 of the General Food Regulations 2004 and Regulation 18(3) of Regulation (EC) 178/2002

Failing to comply with food traceability requirements, contrary to Regulation 4 of the General Food Regulations 2004 and Regulation 18(2) of Regulation (EC) 178/2002

Clarification of Times story: CPS views on police bail

Contrary to a report in today’s Times newspaper, the CPS does not find the proposal to require a senior police officer to review police bail at 28-days unworkable. This was in reference to requiring all investigations to be referred to Magistrates at the 28-day stage, due to the sheer volume of cases police anticipate would need to be considered by the court.

It should also be noted that since our initial response to the government consultation, which was published by the Home Affairs Committee today, there have been significant further discussions with the Ministry of Justice, Home Office and the Attorney General, which means our position has moved on and that document would not be a wholly accurate representation of our current position.

We await the outcome and details of the government’s final position.

Brustholm Ziamani jailed over plot to behead British soldier

At the Old Bailey today, Friday 20 March 2015, Brustholm Ziamani was jailed, having been convicted on 19 February 2015 of one count of preparation of terrorist acts, contrary to section 5(1) Terrorism Act 2006. Brustholm Ziamani was aged 18 at the time of the offence.

The court heard how Brustholm Ziamani had a settled plan to decapitate a member of the armed forces, or a government official, and display the severed head for photography. When arrested, he was found in possession of the equipment required for the planned attack and had conducted research on the locations of army cadet bases in south east London.

Deb Walsh, Deputy Head of Counter Terrorism at the Crown Prosecution Service, said:

“Brustholm Ziamani is a highly dangerous individual and this country is significantly safer as a result of this conviction.

“This case highlights how violent and extreme views on a page can become credible threats to the lives and safety of British citizens.

“This successful conviction is testament to the work of our dedicated counter-terrorism prosecutors who, with police colleagues, are determined to play their part in the fight against terrorism.”

Brustholm Ziamani jailed over plot to behead British soldier

At the Old Bailey today, Friday 20 March 2015, Brustholm Ziamani was jailed, having been convicted on 19 February 2015 of one count of preparation of terrorist acts, contrary to section 5(1) Terrorism Act 2006. Brustholm Ziamani was aged 18 at the time of the offence.

The court heard how Brustholm Ziamani had a settled plan to decapitate a member of the armed forces, or a government official, and display the severed head for photography. When arrested, he was found in possession of the equipment required for the planned attack and had conducted research on the locations of army cadet bases in south east London.

Deb Walsh, Deputy Head of Counter Terrorism at the Crown Prosecution Service, said:

“Brustholm Ziamani is a highly dangerous individual and this country is significantly safer as a result of this conviction.

“This case highlights how violent and extreme views on a page can become credible threats to the lives and safety of British citizens.

“This successful conviction is testament to the work of our dedicated counter-terrorism prosecutors who, with police colleagues, are determined to play their part in the fight against terrorism.”

Clarification: prosecution of serious sexual abuse

Last weekend, an article in The Sunday Times (£) (Tories warn police A-list raids ‘stink of unfairness’, 15 March 2015), suggested that the CPS was "changing its rules over the prosecution of high profile sex abuse suspects" and attempting to "upgrade the quality of legal advice".

The CPS is not “changing the rules” for the prosecution of serious sexual abuse suspects, high profile or otherwise.

From September, advocates selected to prosecute rape and serious sexual offences will undergo an initial probationary period. We are also considering improved training for these advocates.

These steps are simply part of our continuous improvement approach to the quality of our casework and unconnected to the outcomes in the cases referred to. We are satisfied that the prosecutions referred to were properly brought.

Court of Appeal rejects tobacco smugglers’ attempts to write off confiscation orders worth more than £2.7m

On Tuesday 17 March 2015, The Court of Appeal rejected an attempt by Robert Doran and Patrick Gray to write-off confiscation orders made against them for £1,456,325.00 and £1,244,982.44 respectively, finding in favour of the Crown Prosecution Service (CPS).

In March 2013, Robert Doran and Patrick Gray were convicted of conspiracy to fraudulently evade the duty chargeable on the importation of cigarettes following the discovery by HM Revenue and Customs (HMRC) of two containers of cigarettes being smuggled into the UK from Dubai via Hong Kong to the dock at Felixstowe.

In October 2013, the applicants lodged an appeal on the following grounds:

1. The Judge at Ipswich Crown Court was wrong to find that the applicants incurred a liability to pay excise duty and VAT as HMRC took control of the cigarettes’ “controlled delivery” as soon as they entered the country and therefore had lost control;

2. Even if they were liable to pay duty, on the facts, they did not obtain any criminal benefit for the purposes of the asset recovery legislation as the cigarettes were seized by HMRC and not sold;

3. The Confiscation orders made by Ipswich Crown Court were disproportionate and contrary to Human Rights legislation.

The Court of Appeal dismissed all grounds of the appeal on Tuesday 17 March 2015.

Lorraine Lally of the CPS Proceeds of Crime Service said:

“Robert Doran and Patrick Gray are serious criminal fraudsters who cannot be allowed to wriggle out of paying what is owed to the British taxpayer.

“Organised criminals need to understand that there are consequences to their actions and that these are not limited to custody in prison. Tax revenue raised from the legitimate sale of cigarettes is used to fund vital public services and frauds against this system are serious criminal offences.

“This was a hard fought and lengthy appeal which clearly demonstrates our determination to ensure that nothing stands in the way of criminals respecting the orders made against them.”

Background:

Ipswich Crown Court calculated the benefit figure to be £4,368,975 - representing the duty evaded and the unpaid VAT. The court then “apportioned” that figure by dividing it equally between the two defendants and a third man, O’Meara, now deceased.

In August 2013, the CPS gave notice of an application for leave to appeal against the Confiscation Orders made at Ipswich Crown Court on the single ground that the Court had been wrong to apportion benefit. In addition to rejecting the appeal put forward by the defence, the Court of Appeal, on 17 March 2015, quashed the Order made by the Judge at Ipswich Crown Court apportioning benefit between the three defendants. An increased order therefore will be made for the full amount of benefit being £4,368,975 against Robert Doran. Patrick Gray’s order is reduced to £148,107.44 as agreed between the parties and the Court as his available assets have reduced.

The CPS will now pursue the enforcement of the two orders in full, having already identified the assets necessary.

2 jailed in "biggest ever" drugs operation

Two men have been jailed over what is believed to be one of the biggest ever conspiracies to smuggle cannabis into the UK.

Steven McDonald, aged 32, from Chatham in Kent, and John Wright, 66, from Hounslow, were part of a crime group behind the importation of in excess of 28 tonnes of cannabis over a seven year period – enough to provide two joints for every person in Britain.

They were caught after Border Force officers at Harwich port intercepted a consignment of around 300 kilos of herbal cannabis that had been shipped from the Netherlands disguised as flooring tiles on 24 April 2014.

The following day investigators from the National Crime Agency and Metropolitan Police Service, through the joint Organised Crime Partnership team, watched as the load was delivered to an address in Whetstone, north London.

It was signed for by McDonald, who then loaded it into a van and drove it to a row of garages in Wembley, Wright following behind.

As the pair began to open the consignment officers moved in to arrest them. Another 150 kilos of cannabis was found in another garage in the same row.

Searches of McDonald and Wright’s home addresses led to the recovery of drug dealing ledgers and evidence of bank transfers and trips to the Netherlands made by the pair. Wright had travelled there at least 20 times a year since 2008 and even had access to a rented apartment in the Dutch town of Lisse.

NCA and MPS officers began to investigate the companies used by McDonald and Wright as cover for drug smuggling.

Working with Dutch police, investigators uncovered evidence of around a hundred other importations from three different Dutch addresses to the same two companies operated by McDonald and Wright.

One such shipment was apparently stolen at gunpoint by a rival criminal group, leading to both the Dutch and UK ends of the network having to change the names of companies and locations used as fronts for the deals.

The two men admitted conspiring to import class B drugs at a hearing at Luton Crown Court on 16 October 2014. Today (Friday 13 March) a judge at the same court sentenced Wright to nine years and four months in prison and McDonald to eight years. Both will also be banned from travelling outside the UK for ten years after their release.

Detective Inspector Steve Miles, from the joint NCA/MPS Organised Crime Partnership, said:

 “These men were involved in drug smuggling on a truly industrial scale over a number of years. The potential street value of the cannabis imported as part of this conspiracy would have been in excess of £80 million.

“Using their contacts with criminal networks in the Netherlands they were able to set up elaborate fronts to cover their activities.

“But through our close work with the Dutch authorities and Border Force we were able to unpick that, and disrupt and then dismantle a very significant organised crime group responsible for bringing thousands of kilos of illegal drugs into the UK.”

Anthony Hill, a specialist organised crime lawyer at the Crown Prosecution Service, said:

“It is clear from the scale of the operation that has been thwarted that these men believed they could operate with impunity. The brazen assurance with which they carried out their crimes has led to their downfall and they have paid with their freedom. Their conviction and sentencing shows that organised crime such as this will not go unnoticed or unpunished.

“Such a vast quantity of drugs brings untold misery to communities across the country, breeding further crime and anti-social behaviour.”

Charlotte Mann, Border Force Assistant Director at Harwich, said:

“This was a sophisticated, large scale drug smuggling operation and I am delighted that, as a result of the initial Border Force detection at Harwich, our law enforcement colleagues have been able to bring these serious offenders to justice.”

NCA and MPS investigators continue to hunt a third man suspected of being involved in the conspiracy.

The man is believed to have used a fraudulently obtained British passport in the name of Mark Gamble to rent the garages used to unload the cannabis in Wembley and another location in West Hampstead used as a delivery address.

DI Steve Miles said:

“We are today releasing a photo of the man known as Marc Gamble who we wish to speak to in connection with this investigation.

“We know this identity has been used to rent a number of properties in the north London area, and I would urge anyone with information about him, his whereabouts or his true identity to contact the NCA on 0370 4967622.”

The OCP, formerly the Middle Market Drugs Partnership, brings together officers from the National Crime Agency and Metropolitan Police Service to protect the communities of London from the harms inflicted by drug dealing.

No further action against one individual for conspiracy to commit misconduct in public office

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

“The CPS has decided that no further action will be taken regarding a journalist whose full file was submitted to the CPS on 24 February 2015. After careful consideration it has been decided that there is insufficient evidence to provide a realistic prospect of conviction for the charge of conspiracy to commit misconduct in public office.

“This decision was taken in accordance with the Code for Crown Prosecutors and the Director’s Guidelines on Assessing the Public Interest in Cases Affecting the Media.

“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.

CPS decision to stop private prosecutions of doctors charged with abortion offences

In February 2012 Drs Sivaraman and Rajmohan were the subject of an undercover operation organised by The Daily Telegraph at various abortion clinics in England. The evidence obtained was passed to the police and, after an investigation, considered by the Crown Prosecution Service (CPS). It was concluded that in each case there was sufficient evidence of an abortion offence, although this was a finely balanced decision, but that it was not in the public interest to prosecute. On 5 September 2013 and, in more detail, on 7 October 2013 the CPS issued public statements explaining the decision making in these cases.

A person called Ms Hubert has now commenced private prosecutions against both doctors arising from the same undercover operation. She alleges that each doctor conspired with person(s) unknown to commit an offence contrary to section 59 of Offences Against the Person Act 1861, that is to procure or supply a poison or other noxious thing knowing that it was intended to be unlawfully used with intent to procure a miscarriage. Each defendant has asked the CPS to intervene and stop these prosecutions, as is their right under section 6(2) of the Prosecution of Offences Act 1985. We are bound to consider the case according to the test set out in the Code for Crown Prosecutors, which, if not met, means we have no choice but to stop the case. In each case, in accordance with our legal guidance, the parties, including the private prosecutor have been asked to supply a complete set of papers relied on by them.

The evidence relied on by the private prosecutor in each case consists of a single unsigned and undated witness statement from Aisling Hubert. It seeks to produce other evidence in the case as exhibits, including extracts of the covert footage taken during each consultation and medical reports from three expert witnesses. It does not include any of the witness statements obtained during the original investigation, most notably those of the undercover journalist and the pregnant woman, known as E, who were present at the consultations.

Ms Hubert appears to have no personal knowledge of the events in question and so gives no admissible evidence about them. The only potentially admissible evidence is that contained in the extracts from the covert footage produced as exhibits. However, these are heavily edited and reduced in length. It may be argued that, the manner in which they have been edited means that they do not provide a fair and balanced representation of events at each consultation. Moreover, no witness who was actually present in the footage forms part of the private prosecutor’s case, witnesses who could perhaps be asked questions to put these extracts in their proper context during any trial. In these circumstances a judge is likely to exclude these extracts as evidence under section 78 of the Police and Criminal Evidence Act 1984. When considering the evidential stage of the Code for Crown Prosecutors, prosecutors must consider the admissibility of evidence.

Therefore, no admissible evidence has been served to support any offence and, applying our legal guidance, there is insufficient evidence put forward by the private prosecutor. Their case has no realistic prospect of conviction and these prosecutions should be taken over and stopped.

However, in order to give this case the fairest possible consideration, we have decided to consider the charge selected by the private prosecutor against all available evidence known to exist. This includes all the original case papers considered by the CPS in 2013, the full versions of the covert footage and the extra information Ms Hubert supplied.

Section 59 of the 1861 Act makes it an offence unlawfully "to supply or procure any poison or other noxious thing, or any instrument or thing whatsoever, knowing that the same is intended to be unlawfully used or employed with intent to procure the miscarriage of any woman". It essentially criminalises the obtaining or supplying of a tool [here, as alleged, poison] which is intended for use to carry out a miscarriage unlawfully. This is not supported by the evidence. The evidence does not show that they supplied or procured poison, nor that they conspired with any other person to do so or even attempted to do so.

However, we widened our consideration and looked to see if there could be a prosecution for any abortion offence on the evidence known to exist. Having done so, we have come to the same conclusion as was met in 2013. As far as section 58 of the 1861 Act is concerned, “unlawfully using poison, instruments or other means with intent to procure a miscarriage”, there is just sufficient evidence to provide a realistic prospect of conviction but the public interest factors against a prosecution outweigh those in favour for the reasons previously given.

In reaching this decision we have taken into account the three medical reports obtained and exhibited by the private prosecutor since we last considered this matter. These consist of two reports from consultants in Gynaecology and Obstetrics and one from a General Practitioner, who only saw the limited material supplied by the private prosecutor. On a number of important matters there is a divergence of opinion between them. Some of their evidence supports the previous decision, for example:

• The two consultants relied upon both agree that a doctor does not need to see, let alone examine, the pregnant woman before an abortion is authorised by signing form HSA/1. This was an important factor in the consideration of Dr Rajmohan's case which is, again, supported by the expert evidence.
  
  
• An important consideration to both stages of the Code test was the fact that there was, at the time, no professional guidance as to how doctors should go about the comparative risk assessments. One consultant agrees with this as a fact but argues it should make no difference to the assessment of the case. Another suggests there was guidance from the Department of Health but only to the effect that "doctors are expected to have enough evidence of the woman's circumstances to justify that they were able to form a good faith opinion that the ground for termination exists" or else they risk committing an offence. The third doctor believed the guidance derived from every doctor's general duty to take a full history from the patient and collect, organise and interpret the data obtained. Such divergence of opinion serves only to highlight the difficulty. In reality, specific guidance was not issued by Department of Health until May 2014.

Conclusion: In relation to the private prosecutions, we have concluded that they should be taken over by the CPS and stopped. On the current evidence before the court, there is in our judgement, insufficient evidence to form a realistic prospect of conviction. Taking into account all the other evidence we are aware of, whilst there is sufficient evidence for a realistic prospect of conviction, this is truly very finely balanced indeed. However, the public interest considerations in not pursuing a prosecution outweigh those in favour, as concluded and set out in 2013.

Clarification of costs regarding the prosecution of journalists

It has been implied in recent press reports that the CPS has spent £33m prosecuting journalists. This is not correct – this figure represents the cost of the police investigations and not the CPS consideration of charges and subsequent prosecutions. The CPS has spent £2.2m (up to December 2014) bringing cases in phone hacking and public corruption cases against more than 50 people (many of whom are not journalists) as well as deciding that charges should not be pursued against 49 people of which 25 were journalists. The majority of CPS decision making in these cases has been completed within three months of all the evidence being received from police.

12/3/15

 

Clarification regarding Mirror hacking allegations 

It has been reported in the Independent and i newspapers that the CPS is currently considering charging decisions in relation to phone hacking at titles that belong to the Mirror Group Newspaper. To clarify, other than the completed case of one journalist, who pleaded guilty to a phone hacking offence in November 2014, the police have not submitted full files to the CPS for a charging decision in relation to allegations of phone hacking either by journalists at the Mirror newspaper, or by MGN group.

19/3/15

Clarification of recent reporting in relation to the case of Paul Gambaccini

 

The CPS did not “sit” on a file of evidence against Paul Gambaccini as reported, but made a decision in his case around one month after all the evidence had been received from police on 4 September. While we received initial papers in February 2014 further investigation was necessary in order to properly consider the case.

It is also not right to imply that any decision making was timed in relation to other cases – this would only have been relevant if it had been decided to bring charges which was, of course, not the case in this instance.

Spending almost a year on police bail is of course, difficult, and a matter we do not take lightly, but it is vital that the CPS considers all the evidence in a case – both that which strengthens a case and that which undermines it - so that the right decision can be made, as happened in this case.

This information, along with further detail, has been provided to the Home Affairs Select Committee.

This is the first time that the CPS has used Mr Gambaccini’s name in relation to this case as our firm policy is not to name suspects unless they are charged – unless there are exceptional circumstances.

CPS authorises further charges in relation to death of Becky Watts

The Crown Prosecution Service has today authorised Avon and Somerset Police to charge a further four people in connection with the death of 16 year old Becky Watts.

Rachael Scott, head of the CPS South West Complex Casework Unit said:

“Having carefully reviewed all the evidence presented to me by Avon and Somerset police, I have today authorised them to charge Karl Demetrius, Jaydene Parsons, Donavon Demetrius and James Ireland with assisting an offender. The defendants remain in custody and are due before Bristol Magistrates’ Court this afternoon.

“I must remind you that proceedings are now ongoing and the 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.

“The CPS has worked closely with Det Supt Tunks and her team within the Avon and Somerset police during this complex investigation and will continue to do so until this prosecution is concluded.”