CPS News Brief

Death of Yvonne Fletcher

The Telegraph has reported that "an independent prosecutor informed the Met and the Crown Prosecution Service in April 2007 that they had sufficient evidence to charge two Libyans — Matouk Mohammed Matouk and Abdulgader Mohammed Baghdadi — with conspiracy to cause death" in relation to the death of Yvonne Fletcher.

The investigation into the death of Yvonne Fletcher is ongoing and there is still evidence to be gathered. So the CPS has yet to receive a file containing the admissible evidence from a completed investigation. It would only be at that point that we could give final advice on prosecution.

The police sought further advice in relation to their ongoing investigation from the CPS in 2007 and interim advice was provided. This advice was accompanied by a letter which said: “Whilst I have offered a view (in the interim advice) that a matter of this nature might be capable of proceeding, some of the evidence should be revisited to determine whether it is still available. In addition, there may be some additional avenues of investigation which might be appropriate to consider.”

Assisted suicide prosecutions

A report in the Guardian this morning states: “The case of Debbie Purdy in 2009 established that friends and family could help someone who is terminally ill travel to Dignitas without fear of prosecution on their return.” The Times (paywall) has said the same.

Assisting or encouraging suicide remains a criminal offence for all individuals. Our policy, which was published following the Purdy case, provides a clear framework for prosecutors to decide which cases should proceed to court and which should not. It does not override the will of Parliament, and neither it nor the ruling in the Purdy case grant anyone immunity from prosecution.

Each allegation is reviewed on its own facts and circumstances. We will prosecute when there is sufficient evidence and it is in the public interest to do so.

Whether or not and to what extent someone acted out of compassion is only one of several factors prosecutors must assess and they do so by considering all of the facts of the case following a thorough investigation.

Investigation into Jersey Police will not be considered by CPS

A story yesterday in the Sunday Mirror said that seven members of Jersey Police are being questioned over allegations of perverting the course of justice. The Sunday Mirror story says the CPS will decide if they should face trial. This is not correct.

The CPS only has jurisdiction over cases in England and Wales; it has no responsibility for advising or prosecuting cases on Jersey.

The Hampshire Police investigation report will be passed to the Law Officers’ Department of the Attorney General of Jersey who will decide what, if any, action should be taken.

Letter to the Independent concerning Ratcliffe on Soar cases

A recent report in the Independent claimed that the Court of Appeal had found the CPS deliberately withheld evidence about an undercover officer in the Ratcliffe on Soar power station cases.

This is not correct. Mike Kennedy, Chief Operating Officer for the CPS, has written to the Independent:

"While we recognise that evidence was not disclosed to the defence in the Ratcliffe on Soar cases as it should have been, the Court of Appeal did not rule that this was a deliberate act by the Crown Prosecution Service.

"The Appeal Court specifically declined to rule on the actual circumstances of the non disclosure, in view of the number of ongoing inquiries into the issues and police and CPS actions in the case."

How the CPS decides when to announce its decisions

The Evening Standard has today implied that the timing of the CPS announcement on discontining the cases against 109 Fortnum and Mason protesters was intended to “bury bad news”.

The CPS is an independent body and we announce decisions of public concern as soon as possible after the decision is reached. We have a duty to inform the suspects, or defendants in this case, as soon as we have reached a decision which concerns them. We take that duty very seriously as we understand that they will be waiting anxiously to hear any decision.

Once we’ve reached such a decision, the timing of any public announcement is aimed at ensuring that those directly affected by the decision can be informed first. The public will be informed as soon as is practicable after that.

Assisted suicide and decisions to prosecute

A feature in the Times T2 today (paywall) about Tony Nicklinson and the issue of mercy killing included this comment:

“In 2010 Debbie Purdy, a multiple sclerosis sufferer, won the assurance that her husband would not be prosecuted for assisting her suicide if he accompanied her to the Dignitas euthanasia clinic in Switzerland.”

This is not correct. The CPS cannot decide that an individual should not be prosecuted for committing a possibly criminal act before the act in question has been committed.

We have produced guidelines that outline the factors we would take into account when deciding whether it is in the public interest to prosecute an individual in relation to an allegation of assisting or encouraging a suicide. But Ms Purdy has not been granted an assurance as described above because it is not legally possible for us to do so.

CPS response to Sunday Times story on rape complainant

The statements below were sent to the Sunday Times on Friday, 1 July 2011, in relation to their article: "Met officers 'intimidated' young Muslim rape victim" published on 3 July 2011, (Paywall) http://thetim.es/kGLbSO 

The statements were not included in the Sunday Times story.

In response to a query on disclosure: The court and the defence were notified on 30 November 2010, the same day the CPS was made aware, that a complaint against the alleged victim had been made in late September 2010. The papers were disclosed to the defence and the Court of Appeal in early January 2011. No complaint was made to the Court of Appeal by the defence in relation to disclosure in this matter.

In response to the query about the treatment of rape complainants: The CPS policy guidance on rape cases was followed in the circumstances of this specific case. The guidance says that where there is conflicting evidence, the prosecutor has a duty to assess the credibility and reliability of the victim's evidence. This does not mean the complainant is considered a suspect.

CPS Update - Monday 8 November

In the News

• An opinion piece in the Sunday Times carried a number of inaccuracies in relation to the CPS’ decision to charge Kevin Moore with kidnapping after he forced a child to get into his car following an earlier incident.

There are a number of misconceptions contained in the article, the most important of which are clarified below:

1. The defendant did not witness the incident between the youngsters – it was drawn to his attention after the children had run back into the church. The victim was not the boy who it was alleged (but never proven) had hit another child.
2. There was no ‘punch’ as described in the article. The evidence showed that one of the children was hit with a piece of fruit thrown by the younger boy accompanying the victim. The article states ‘nobody was concerned with the children’s behaviour'. This is not correct. The Police spoke to the mother of the boy hit by the fruit. She did not wish to bring charges.
3. The complainant did not get into the vehicle willingly. He was pulled off his bicycle and dragged to the car before being thrown up against the side of it. Independent witnesses complained because of the nature of the assault that the defendant subsequently pleaded guilty to.
4. The defendant did not make a 'citizens arrest'. There are several reports from by-standers and the youths involved that he claimed to be a policeman. The Sunday Times as well as other newspapers last week were provided with the following statement that explained what happened in this case.

Gerry Wareham, Chief Crown Prosecutor for CPS Cleveland, said:

“Kevin Moore was charged with kidnapping as there was evidence that he took a 13 year old boy into his car unlawfully and by force against his will. This case was brought to the attention of Cleveland Police by two adult members of the public who were concerned at the potentially serious nature of the incident. Both witnessed the scene and one of them called the police when he found out that the boy, who seemed upset when being forced to get into the car, was not related to the defendant whose behaviour was described as aggressive.

“The defendant said that he reacted that way in relation to an earlier incident, for which the 13 year old boy was not responsible.

“After a request from the Judge that the CPS reconsider the level of charge, an offence of common assault was added to the indictment to which the defendant pleaded guilty. In light of this plea we considered whether to go ahead with the kidnapping charge and or whether to ask for the charge to lie on file. This was discussed with the police, the victim and his family who accepted the CPS’ decision that a plea to the lesser charge was acceptable. Moore was sentenced to 18 months conditional discharge and ordered to pay £250 compensation for the common assault.

“The defendant in interview accepted that members of the public who witnessed the scene thought that his actions were terrible. The prosecutor in this case made the decision based on the available evidence.

“It is important that we robustly prosecute to deter people from acting in an unlawful manner but understand the judge’s concerns in this case. We have charging guidelines which seek to ensure we do this in an open, fair and consistent manner. I will look at this case to see whether there are any lessons we need to learn.”

For background: A group of boys aged 12-14, including the victim, were shouting at each other in a church yard with some throwing apples and berries that may have hit one of the other children present. The defendant, who did not witness this incident, chased the boys throwing fruit who had cycled away. He took his car, caught up with them and grabbed one of the boys (who was not responsible for the earlier incident) and forced him into his car.

• A numbers of reports over the weekend said that the judge’s report in relation to the case of the Labour MP Phil Woolas who was found guilty of illegal practices under election law under the Representation of People Act 1983 at the Royal Courts of Justice last Friday, will be passed onto the CPS. At this stage we have not received any file or report.

• It was reported yesterday that we will soon charge an individual in relation to the abuse of Parliamentary expenses. We are not considering any outstanding files of evidence in relation to Parliamentary expenses, so there are no imminent charging decisions. Questions about any ongoing investigations should be directed to the Metropolitan Police.

• The sentencing of Bernadette Quirk who pleaded guilty to four counts of concealing the birth of her children has been postponed to December, the date has not been confirmed yet. A statement will be released on sentencing.

CPS Update - Thursday 28 October 2010

In the News

• The Times' evaluation of the last two years since the DPP, Keir Starmer QC, has been in post talks about transparency in the CPS (subscription required). The article states that the organisation faces redundancies, but this is not what the DPP said and in his letter to the staff dated 20 October he stated:

“Inevitably in 2015 the CPS will be a smaller organisation with fewer staff. The recruitment controls in place since August 2009 have helped to reduce our staff numbers appreciably. At HQ, the number of posts, including at the most senior levels, has been reduced considerably and each HQ Director has now agreed a plan to reduce staff numbers by approximately 50% from the December 2009 baseline by the end of March 2014. In this connection we hope to offer a voluntary early release scheme this financial year.

“We will now be asking Groups to develop staffing profiles for the full period of the Spending Review, reflecting normal staff turnover rates and the application of an early voluntary release scheme in the next two years. Over the coming weeks we will commence discussions with our trade union colleagues with regard to the management of such a scheme, taking into account the proposed changes to the Civil Service Compensation Scheme which have yet to be finalised.

“We continue to be confident that, through careful planning, introducing smarter and better ways of working and offering those who wish to leave on voluntary terms the opportunity to do so, we can avoid compulsory redundancies. We are committed to this principle and wish to work with our managers, staff and trade unions to achieve this aim.”

The article also carries an inaccuracy in relation to the redeployment of lawyers following advocacy assessments – please see our earlier post.

• Reports in the Daily Mail and Independent of the case of Timothy Dale, a drug trafficker who was jailed for 18 years yesterday for masterminding an attempted one million euro (£873,700) cocaine deal. Following the conviction, Moira MacDaid, senior lawyer with the CPS Organised Crime Division, said:

“This case shows that where evidence is gathered by the police abroad it can still be used in courts in England and Wales, even when it includes foreign intercept evidence. 

“Faced with this compelling evidence of his criminal behaviour, Timothy Dale had no credible defence to the prosecution case and no option but to plead guilty.

“This is an excellent example of our building relationships with law enforcement around the world so we can work together to tackle international organised crime.”

CPS Update - Monday 25 October 2010

In the News

• A report in Saturday’s Times, “Law chief orders radical reform of justice,” referred to the CPS’ advocacy assessment programme. It stated that 1,000 advocates were assessed and four per cent moved to other roles as a result. This is not quite right. To clarify:

There have been a little over 1,000 assessments of Crown Advocates and Associate Prosecutors last financial year and this year (not necessarily 1,000 people, as some may have had more than one assessment.) These were independent assessments with two QCs included in the team of assessors.

Ratings are awarded on a scale of 1-5:

1 = Outstanding

2 = Exceeds the required standard

3 = Meets the required standard

4 = Below the required standard in some aspects – this would result in extra support being given to the advocate

5 = Significantly below the required standard – this would result in immediate removal from court advocacy duties

The results were:

1% scored a rating of 1;

14% a 2;

80% a 3;

5% a 4; and

0% a 5 (That is rounded down. The figure is, in fact, a fraction of a percent)

This means that less than half a per cent of those assessed were found to be significantly below the standard required and were immediately removed from court advocacy duties. Five per cent were found to be below the standards required in some aspects, which would result in action being taken to improve their work. In all, 95 per cent of advocates met or exceeded the required standards.

CPS Diary

• The sentencing of Thomas Harris and other animal rights activists for a blackmail plot involving Huntingdon Life Sciences started on Friday and ends today at Winchester CC. Full background from an earlier linked trial is available here. Alastair Nisbet, senior crown prosecutor for the Wessex Complex Casework Unit, will be giving a statement on the steps of the court.

CPS Update - Wednesday 13 October

In the News

• The Guardian is reporting this morning, in advance of the visit by Foreign Secretary William Hague to Moscow, on comments by Andrei Lugovoy who is wanted for the murder in London of Alexander Litvinenko.

In its report the Guardian says the CPS charged Mr Lugovoi with Mr Litvinenko's murder in May 2007. This is not correct. The CPS announced at that time it was seeking Mr Lugovoi's extradition from Russia for the murder but he has not been charged. Our position remains that we are still seeking Mr Lugovoi's extradition and the appropriate place for a trial is in this country.