CPS News Brief

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.