CPS News Brief

Man sentenced to six weeks imprisonment for harassing victim because of disability

A 25 year old man who used social media to harass a man because of his disability has been sentenced to six weeks imprisonment.

Saul Nyland, from Whitworth in Rochdale, pleaded guilty to two counts of harassment of the 31 year old victim.

Liverpool Magistrates' Court heard that between December 2014 and July 2015 the defendant harassed the victim on social media and by phone. The victim has a severe speech impediment and some physical difficulties caused by an accident in childhood. The CPS prosecuted this case as a disability hate crime and his sentence was extended from four weeks to six weeks.

In a personal statement to the Court, the victim said that the abuse was “destroying his life” and affecting his relationship. He said he had stopped going out.

Lionel Cope from Mersey-Cheshire Crown Prosecution Service said:

“Nyland targeted the victim and harassed him because of his disability. Nyland subjected the victim to a tirade of abuse online including posting a number of photo-shopped images of the victim which were hugely upsetting to both the victim and his partner.

“When the victim blocked Nyland online, he began ringing the victim on a nightly basis, mocking him for his disability and threatening to harm him. He also started to post abusive messages on the Facebook site of the victim’s partner.

“Hate crimes will not be tolerated – they are malicious, create fear and ruin lives. Nobody should be subjected to this abuse, online or offline, and the Crown Prosecution Service does everything in its power to bring these offenders to justice.”

Background

The defendant and victim work in the construction industry and have worked alongside each other on several sites in the past year. The victim is a plant operator and had set up a number of Facebook pages offering advice and information about diggers and tractors. The sites had attracted a number of followers.

Sentencing details

Saul Nyland was sentenced to six weeks imprisonment, with a Victim surcharge of £80, and a Restraining Order of two years. An extra two weeks was added to his sentence because of the hate crime uplift. He was sentenced on Monday 25 January.

Man sentenced to over 19 years for child sexual abuse undertaken in the Philippines

Trevor James Monk has been sentenced at the Old Bailey today to 19 years and six months for child sexual abuse, including the possession of over 80,000 indecent images of children.

The 47-year-old bought child abuse material from the Philippines, and travelled there to physically abuse children.

Laura Tams, specialist prosecutor in the Organised Crime Division at the Crown Prosecution Service, said:

“Trevor James Monk owned over 80,000 indecent images of children. He travelled to the Philippines to sexually abuse his victims, including a girl as young as eight years old, and ordered children to engage in sexual activity with others.

“Trevor Monk accessed these indecent images and ‘chatted’ with abusers who were thousands of miles away online.

“The CPS worked closely with the National Crime Agency to bring this man to justice and the strength of our evidence left him with no alternative but to plead guilty to all charges.”

Gunpoint rapist sentenced 22 years on

A man who raped a sex worker at gunpoint in Leicester in 1994 has been convicted and jailed, after a DNA sample identified him in 2013.

John Townsend targeted his victim on the streets of Leicester, agreed a price for sex and took her to a remote car park on the outskirts of the city. There, Townsend produced a handgun and raped her at gunpoint, forcing her to walk away from the car when the attack was over so he could drive away and abandon her. The victim sought refuge at a nearby garage and called the police. Townsend left traces of his DNA in the attack, but at that point the use of DNA in police investigations was not well established.

Nearly 20 years on, Townsend was required to give a DNA sample. His sample matched the profile taken back in 1994 and the victim was able to recount what had happened to her all those years ago.

He was charged with rape and indecent assault, tried and convicted. He was sentenced today to 15 years in prison at Leicester Crown Court.

Lawrence English, Head of the CPS East Midlands rape and serious sexual offences team said:

“This case demonstrates the value of securing evidence at the time of the offence, from witness accounts to DNA forensics. Although there was nothing that could be achieved with the samples at the time, modern scientific advances meant that when a sample was taken from Townsend, it identified him as the rapist.

“Townsend subjected his victim to a terrifying ordeal. It cannot have been easy for her to have revisited the events of that night and part of her past life, but she has given clear, compelling evidence that has brought Townsend to justice for what he did. The seriousness of his offending is reflected in the sentence handed down by the judge.”

Townsend also received a sentence of ten years for the count of indecent assault, which he will serve concurrently to the sentence for rape.

CPS statement re death of 13 month old girl [21 January 2016]

A CPS spokesperson said:

“We received a file from Cumbria police, in relation to the tragic death of a 13 month old girl in December 2012. We conducted a thorough review of the evidence in accordance with the Code for Crown Prosecutors. This review included consideration of expert evidence which was carefully considered by the prosecutor who took advice from experienced counsel. We decided there was insufficient evidence to provide a realistic prospect of conviction and therefore no one was charged with any offences relating to her death. Following the findings of the Family Court Judge we are now reviewing the case.”

Independent inquiry into the handling of allegations made against Lord Greville Janner

On Friday 15 January, Mr Justice Openshaw brought to an end criminal proceedings against Lord Greville Janner for child sexual offences, after the Central Criminal Court received formal evidence of his death.

The conclusion of criminal proceedings means that the findings of an independent inquiry into the handling of past allegations of sexual abuse by Lord Janner can now be published.

The Director of Public Prosecutions (DPP) commissioned the inquiry last year, when she stated that decisions not to prosecute following previous investigations into Lord Janner were wrong. Retired High Court Judge Sir Richard Henriques was asked to conduct a thorough and independent review into the CPS decision making and handling of all past allegations relating to the Lord Janner case and to make any recommendations he felt appropriate.

 

The independent inquiry found:

• The decision not to charge Lord Janner in 1991 was wrong and there was enough evidence against him to provide a realistic prospect of conviction for offences of indecent assault and buggery. In addition, the police investigation was inadequate and no charging decision should have been taken by the CPS until the police had undertaken further enquiries.

• In 2002, allegations against Lord Janner were not supplied by the police to the CPS and accordingly no prosecution was possible. This merits investigation by the IPCC.

• There was sufficient evidence to prosecute Lord Janner in 2007 for indecent assault and buggery. He should have been arrested and interviewed and his home searched.

 

Director of Public Prosecutions Alison Saunders said:

“The inquiry’s findings that mistakes were made confirms my view that failings in the past by prosecutors and police meant that proceedings were not brought. It is a matter of sincere regret that on three occasions, opportunities to put the allegations against Lord Janner before a jury were not taken.

“It is important that we understand the steps which led to these decisions not to prosecute, and ensure that no such mistakes can be made again.

“I have carefully considered the observations and conclusions made by Sir Richard Henriques. The inquiry acknowledged that the CPS has moved on hugely since these investigations and that current guidance and procedures would result in decisions that there was sufficient evidence to prosecute in all three cases considered in the report. However we are also acting on his recommendations to make further changes and improvements in the handling of such sensitive cases.”

 

Significant changes have already been undertaken within the CPS which address many of the issues highlighted. In his report, Sir Richard Henriques says, “I have no doubt that with current guidance and procedures, a case management panel would conclude that there was a sufficiency of evidence in all three cases considered in this report.”

However, he makes the following three specific recommendations for the further action by the CPS:

• to consider whether time limits in charging decisions are appropriate;

• to establish a protocol when referring cases from CPS area teams to Central Casework Divisions (CCDs), to ensure no decision is taken to end a case without referring back to CCDs; and

• to establish a central log of cases referred and declined irrespective of whether a prosecution is to be commenced or not, with borderline cases included on the sensitive case list.

 

The CPS will implement these recommendations, and other issues identified by Sir Richard Henriques in his report. Measures are being introduced to ensure rape and serious sexual assault cases are dealt with swiftly. A full response to the findings is available below.

CPS legal guidance on child sexual abuse was introduced in 2013, which recognises that prosecutors must focus on the credibility of the allegation, rather than focusing solely on the actions of the victim, and factors such as late reporting, inconsistent accounts and a victim ‘voluntarily’ returning to the alleged abuser should not then undermine the credibility of the victim’s account. Rape and serious sexual offences are now dealt with by prosecutors specially trained in handling these cases, and a more rigorous Case Management Panel process means that prosecutors regularly meet to review such cases and decisions.

All case files and papers have now been handed to the Goddard Inquiry.

 

Notes for editors

January 2013:Operation Enamel initiated by Leicestershire Police

March 2015: Final case papers passed to the DPP for a charging decision in Operation Enamel

April 2015: The DPP announced the charging decision of No Further Action due to Lord Janner’s advanced stage of dementia which would mean he would be found unfit to stand trial

May 2015: A number of victims asked for this decision to be reviewed as part of the Victims’ Right of Review scheme June 2015: The DPP announced that criminal proceedings would begin against Lord Janner

December 2015: Mr Justice Openshaw determined that Lord Janner was unfit to stand trial and a trial of the facts would take place

January 2016: Mr Justice Openshaw determined that due to the death of Lord Janner, proceedings would be stayed

 

Terms of reference of the inquiry:

1. The Independent Inquiry will examine the three cases listed below and make findings in respect of the following matters:a) Whether the approach and decision making of the CPS and counsel instructed was correct in relation to advising the police including but not limited to case building, the making of further enquiries and advice on charge and sufficiency of evidence. b) Whether the CPS followed all relevant guidance and policy c) Whether the CPS arrangements in place for handling the case were adequate and properly followed d) Any other matters that the Inquiry considers would be relevant in preventing recurrence.
2. The Independent Inquiry will also make such recommendations it feels appropriate in light of the examination and findings set out above, including, if appropriate, recommendations about CPS policy and/or guidance and CPS arrangements for handling allegations involving high profile or political figures.
3. The Independent Inquiry has been established by, and will report its findings and recommendations to, the Director of Public Prosecutions.

 

The three cases

1. Allegations by an individual who featured in the trial of Frank Beck in 1991. The CPS considered the evidence and advised police that there was insufficient evidence to prosecute. The police took no further action.
2. Operation Magnolia in 2002. Allegations were referred to the CPS but apparently not the allegations relating to Lord Janner. Police decided that no further action should be taken against Lord Janner, and the CPS decided that no further action should be taken against any other individual.
3. Operation Dauntless in 2006. Allegations of offending by three individuals including Lord Janner. The CPS decided there was insufficient evidence to prosecute in 2007. Note: 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.

 

Download Henriques Report

Download Response to Henriques Report

Statement regarding Lord Janner

A CPS spokesperson said:

“The Central Criminal Court today received formal evidence of the death of Lord Greville Janner. As a result Mr Justice Openshaw brought proceedings to an end. This concludes the criminal proceedings against Lord Janner.

“In April 2015, the Director of Public Prosecutions commissioned an independent inquiry into the handling of past allegations of sexual abuse by Greville Janner. Now that criminal proceedings have concluded, we will publish the findings of Sir Richard Henriques’ inquiry at the earliest opportunity.”

 

Hatton Garden defendants convicted of the biggest burglary in English legal history

Three men were convicted today for offences relating to the burglary of a vault at Hatton Garden, in the heart of London’s jewellery district. Four other men had previously pleaded guilty to conspiracy to burgle. The burglary took place over the Easter weekend, 2nd to 5th April 2015, and an estimated £14 million worth of jewellery, gold and cash was stolen.

Ed Hall, CPS London reviewing lawyer, said:

“Following a successful prosecution the Crown Prosecution Service, together with the MPS, have convicted the men who carried out the biggest burglary in English legal history.

“The four main ringleaders, a close-knit group of experienced criminals, some of whom had been involved in other high-value crimes, pleaded guilty after realising the strength of the case against them. As a result of this trial, three other men who played significant roles in the moving and concealing of the stolen gold and jewels have also been convicted.

“This was a challenging case for the CPS given the huge amount of evidence generated from a crime that was years in the planning. It was our job to present to the jury a clear picture of the planning, commission and aftermath of the burglary and how the defendants each played their roles. Today’s convictions are a testament to the dedication and hard work of the prosecution team in doing this so well.”

ENDS

 

Background

Defendants and convictions

Pleaded guilty on 4th September to one count of conspiracy to burgle:

John Kenneth Collins (75 years old)

Daniel Jones (60 years old)

Terrence Perkins (67 years old)

Brian Reader (76 years old)

 

Convicted after trial 

Carl Wood (58 years old) Conspiracy to commit burglary and conspiracy to conceal, convert or transfer criminal property

William Lincoln (50 years old) Conspiracy to commit burglary and conspiracy to conceal, convert or transfer criminal property

Hugh Doyle (48 years old) Concealing, converting or transferring criminal property

John Harbinson (42 years old) was acquitted of conspiracy to commit burglary and conspiracy to conceal, convert or transfer criminal property

Former chaplain and headmaster convicted for 35 non-recent sex offences

James Carragher (75) and Anthony McCallen (69) have today been sentenced at Leeds Crown Court for 35 sex offences against 11 young boys between 1970 and 1991 who were in the care of a residential home for troubled boys near Market Weighton in the East Riding of Yorkshire.

James Carragher has been sentenced to nine years in prison and Anthony McCallen has been sentenced to 15 years in prison.

Caroline May, reviewing lawyer, CPS Yorkshire and Humberside said:

“This case involves the systematic abuse and rape of children as young as 12. These young boys were troubled and vulnerable, and had been removed from their families and sent to St Williams Boys Home in the East Riding.

“Both defendants were senior members of staff in positions of considerable power and authority. Carragher was the headmaster and McCallen – an ordained priest – was the school chaplain.

“Far from being dedicated to the education and protection of the young, these men were bullies and paedophiles; cynical sexual predators who deliberately sought out contact with vulnerable children to abuse and in some cases rape them.

“I would like to pay tribute to the numerous victims in this case for coming forward, helping us to build a strong prosecution case and giving evidence against their abusers in court. This has ensured that these two individuals will be serving considerable prison sentences and I hope this brings their many victims some comfort.”

Additional information

JAMES CARRAGHER has been sentenced for 21 offences of Indecent Assault and three of Buggery. He received nine years for the three offences of buggery together with five years for each Indecent Assault, all to run concurrent - a total of nine years custody.

ANTHONY McCALLEN has been sentenced for 10 Indecent Assaults and 1 Buggery. He received ten years for the Buggery and five years for each Indecent Assault – the Indecent Assaults to run concurrent with each other but to run consecutive to the ten years - a total of 15 years custody.

Sexual Harm Prevention Orders were made in respect of both defendants, to continue until further Order.

The Judge directed the jury to find a third defendant not guilty on two counts which related to the allegations made by one complainant who made two allegations against him. The Judge also directed a not guilty verdict in respect of a further two allegations made by the same complainant against Carragher.

Both defendants have previous convictions for sexual offences against young boys.