An article on the Exaro News website has wrongly claimed that the CPS has refused to tell the Metropolitan Police Service (MPS) whether it had enough evidence to charge the late Lord Brittan in relation to an allegation of non-recent rape.
A CPS spokesperson said:
“At their request, we provided police with early investigative advice on this matter in July 2013 – there was not at this stage enough evidence to request a charging decision and any decisions made at this stage were investigative and operational and therefore for the police.
“Following the suspect’s death earlier this year, the police asked if we would give a view on whether or not the case might have resulted in a prosecution had the suspect still been alive. In order for the CPS to make a full charging decision, it is necessary for the police to fully conclude an investigation and independently reach the conclusion that they have amassed sufficient evidence for a prosecution.
“The decisions in this matter have always been taken by the police. They made a decision to take no further action in 2013 and, despite their later investigations, they were never able to conclude that the evidential test for a full charging decision was met.
“As we had already given early investigative advice, and the state of the case fundamentally remains the same as it was then, we have declined to give another view."
Exaro News has also wrongly claimed that the Director of Public Prosecutions forced the MPS to interview the late Lord Brittan when he was still alive.
A CPS spokesperson said:
“The DPP received a letter from Tom Watson MP in May 2014. The majority of the concerns raised by Mr Watson were operational matters concerning the police. As such, the DPP simply confirmed to Mr Watson that she would forward his correspondence on to the police to address. The CPS has no power to direct the police in operational matters, including the conduct of a criminal investigation, and the decision to interview a suspect is a decision for the police alone.”
