CPS News Brief

CPS Diary – Week of 25 July

Monday

• Sentencing of Mohammed Arif Hassan, Hafeez and Rashid Rahman and others at Leeds Crown Court for running a major drugs operation in the North of England.

• Case management hearing for 17 defendants charged in relation to the Fortnum and Mason protest in March.

Thursday

• Christopher Halliwell will appear for a plea and case management hearing at Bristol Crown Court. He was charged in March with the murder of Sian O'Callaghan.

Friday

• Jonathan May-Bowles will appear for a first hearing at City of Westminster Magistrates' Court in relation to an incident during a recent committee hearing in the House of Commons.

• Bilal Ahmed will be sentenced at Bristol Crown Court after pleading guilty to soliciting to murder and stirring up religious hatred.

• Judge Beatrice Bolton will appear for a first hearing at Preston Magistrates' Court, charged with one offence under the Dangerous Dogs Act in relation to an incident in Rothbury, Northumberland, on 1 June 2011.

CPS decides not to charge Salford man over intruder's death

A man who fatally stabbed an intruder who broke into his home in Salford will not face charges. Nazir Afzal, Chief Crown Prosecutor for CPS North West, said today:

“I have today told the police of my decision that Peter Flanagan should not face any charges in connection with the death of John Bennell, an intruder who broke into his home in Salford on 22 June.

“John Bennell was stabbed in the chest by Mr Flanagan, and died from his injuries shortly afterwards.

“I am satisfied that Peter Flanagan acted in self defence after being woken by noises downstairs in his house shortly before midnight. On investigating the disturbance he was confronted by intruders, one of whom was armed with a machete.

“In reaching this decision I have looked carefully at the evidence that the police have presented in this case and have taken into consideration the Crown Prosecution Service policy on householders and the use of force against intruders. In a case such as this I have to ask myself whether the use of force was necessary and whether it was reasonable in the circumstances.

“People are entitled to use reasonable force in self-defence to defend themselves, their family and their property. All the evidence indicates that in the frightening circumstances that he faced, Mr Flanagan did what he honestly and instinctively believed was necessary to protect himself and his home from intruders.”

Mr Bennell’s family have been informed of this decision.

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 decision: not in the public interest to prosecute 109 Fortnum and Mason protesters

Alison Saunders, Chief Crown Prosecutor of CPS London, said:

“I have decided that the cases against 109 individuals who were charged after protesting in Fortnum and Mason on 26 March should be discontinued. However, we will continue to pursue the other 30 cases through the judicial process.

“After careful and necessary investigative work by the police to provide the fullest evidential picture, we have reviewed the evidence now available and considered representations made by the defence teams.

“I have concluded that there is sufficient evidence to provide a realistic prospect of conviction for the offence of aggravated trespass against all the defendants, however, in discontinuing these cases I have considered whether a prosecution is necessary in the public interest. I have decided that it is not, taking into account the following factors from the Code for Crown Prosecutors:

• that this was a single incident;

• that they have not been involved in similar offences previously and that they played only a minor role in the offending behaviour;

• that if these defendants had been convicted the court would be likely to impose only a nominal penalty.

“The police investigation was able to identify whether these factors were present for each defendant. It was only after such an investigation that these factors could be applied.

“We have warned those whose cases have been discontinued that this reasoning may not apply in future if they go on to commit other similar offences.

“We have notified the court and the defendants’ representatives of this decision.”

DPP responds to Matthew Parris

The Director of Public Prosecutions, Keir Starmer QC, has responded to a comment by Matthew Parris in his column in Saturday's Times that the criminal law, including the CPS, is "riddled with corruption". The DPP wrote to the Times and the letter was published in today's paper. It says:

No doubt Matthew Parris' column on Saturday, which included the tongue in cheek suggestion that the CPS is "riddled with corruption", was intended as a joke. But, with a moment's thought, he would have realised that it is deeply insulting to our dedicated, professional and hard working staff. Happily, wrong doing in the CPS is extremely rare indeed and in the isolated incidents where it may occur, it is dealt with very swiftly and very robustly.

CPS Diary - Week of 18 July

Monday 18 July

• Shrien Dewani's extradition hearing will resume at Belmarsh Magistrates' Court and is expected to last four days. South Africa is seeking his extradition in relation to the murder of his wife Anni Dewani last year.

Seven charged following mass disturbance at HMP Ford

CPS South East has authorised Sussex Police to charge seven men following the investigation into a mass disturbance at HMP Ford from 31 December 2010 to 1 January 2011.

Simon Ringrose, Crown Advocate from the South East Complex Casework Unit of the CPS, said:

"I have today advised Sussex Police to charge seven men in relation to the mass disturbance at HMP Ford during the early hours of New Year’s Day this year during which a number of inmates were engaged in a concerted attack on prison property and threats made to other inmates and prison officers. This decision was taken in accordance with the Code for Crown Prosecutors."

Roche Allen, Lennie Franklin, Ryan Martin, Thomas Regan, Lee Roberts and Paul Hadcroft are all charged with arson being reckless as to whether life endangered and violent disorder.

Carniel Francis is charged with violent disorder.

The defendants will appear at Chichester Magistrates' Court on 29 July 2011.

DPP welcomes transfer of Defra prosecutors to CPS

In response to a written ministerial statement this morning from the Attorney General and the Secretary of State for Environment, Food and Rural Affairs announcing that Defra’s prosecution function has been transferred to the CPS, Keir Starmer QC said:

"I welcome the Attorney General's approval of the transfer of Defra's prosecution function to the CPS from 1 September 2011.

"Consolidating prosecution services allows prosecutors to share expertise and best practice, as well as bringing with it natural efficiencies. I look forward to incorporating the Defra team into a new central casework division at our Headquarters, and welcoming the staff to the CPS."

The Defra prosecution team specialises in environmental regulatory offences and will be based at the CPS Headquarters in Rose Court, London.

CPS Diary – Week of 11 July

Monday 11 July

• Jonathan Limani will stand trial at Oxford Crown Court for the murder of Christopher Varian at an Oxfordshire golf club.

• The trial of Fiona Donnison for the murder of her two children in Sussex last year will begin at Lewes Crown Court.

Tuesday 12 July

• Julian Assange’s appeal against the extradition order to Sweden will begin at the High Court. This is a two-day hearing and we expect the judgment to be reserved. Read more about the appeals process in extradition cases.

Thursday 14 July

• Charlie Gilmour will be sentenced at Kingston Crown Court for violent disorder during the student protests in December.

• Christopher Halliwell will appear for a plea and case management hearing at Bristol Crown Court. He was charged in March with the murder of Sian O'Callaghan.

Friday 15 July

• Shabaaz Hussain, who faces five charges in relation to terrorism fundraising, will appear for a preliminary hearing at the Old Bailey.

• Junior Bradshaw and Kevin Liverpool will be at Exeter Crown Court for a preliminary hearing on charges of conspiracy to commit robbery and conspiracy to commit grievous bodily harm against singer Joss Stone.

Keir Starmer QC talks about domestic violence

Watch Keir Starmer QC, the Director of Public Prosecutions, talk about how the Crown Prosecution Service's response to domestic violence has improved over recent years and about our commitment to further improvements.

You can read more about the CPS response to domestic violence in a speech given by the Director in April and in our legal guidance.

DPP responds to Louise Casey report with enhanced service to bereaved families

The CPS is extending its service for bereaved families at court, announced the Director of Public Prosecutions, Keir Starmer QC, today.

He also welcomed the Victims’ Commissioner’s report: Review into the Needs of Families Bereaved by Homicide. Mr Starmer said:

“I wholeheartedly agree with the principle that bereaved families should not experience ‘avoidable intimidation, humiliation or distress’ in the court process. If that principle is to be recognised, the CPS must play its part.

“I already require prosecutors to treat victims and witnesses respectfully and to ask the court to stop inappropriate questioning of prosecution witnesses. But I now want the CPS to go further and enhance the service offered to bereaved families.

“This is not about changing the legal system, but about making the adversarial experience more bearable for families dealing with grief and trauma. While the CPS already delivers a number of the recommendations in today’s report, we have been working closely with Ms Casey and are now improving the service we offer.

 “I recognise that a timely meeting with an understanding lawyer cannot remove grief. But explaining what will happen in court can often reduce the sometimes intimidating court room atmosphere of an adversarial system.”

The CPS is already committed to keeping victims and witnesses informed of the progress of their case in all cases and supporting them through the court process.

For bereaved families the CPS also offers face-to-face meetings at any stage of the process, but specifically:

• Following a CPS decision not to charge
• Following a charge in cases heading for the Crown Court
• If charges are dropped or substantially changed
• Following conviction

 We will now be enhancing the scheme to also offer the following additional meetings:

• Following a charge in cases likely to be heard in the magistrates’ court
• Following acquittal
• Following reconsideration of a case after acquittal
• Following leave to appeal to the Court of Appeal being granted

The CPS also recognises why it is important for a bereaved family to meet the prosecuting advocate who will actually be presenting the case in court, and in future there will be a meeting arranged with the advocate shortly before the appropriate hearing.

Mr Starmer said:

“The significance of Louise Casey’s report is that it exposes flaws in the system and proposes concrete recommendations. These recommendations need to be taken seriously and call for a response.

“The CPS, along with others involved in criminal justice, has taken significant steps to address the needs of victims and witnesses in recent years, and genuine progress has been made. But it is clear that more needs to be done. That is why I am committing the CPS to contributing to the Ministry of Justice review of the treatment of victims and I am also committing the CPS to ongoing positive dialogue with Louise Casey. I am determined that we will play our part.”

Read more about our response to the report.

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 Diary – Week of 4 July

Tuesday 5 July

• Thirteen people charged in relation to the protest at Fortnum and Mason on 26 March will appear for a first hearing at City of Westminster Magistrates’ Court. Seventeen other protestors will appear on 25 July.

We recently discontinued the case against five minors who were charged by the police following the same protest and are reviewing a number of other cases.

Friday 8 July

• Charlie Gilmour will be sentenced at Kingston Crown Court for violent disorder during the student protests in December. Update: This hearing will now take place on Thursday 14 July.

Lion Steel Ltd and three directors charged with manslaughter

Alison Storey, reviewing lawyer in the CPS Special Crime and Counter Terrorism Division, said:

“I have advised Greater Manchester Police to charge Lion Steel Ltd in Manchester with corporate manslaughter following the tragic death of Steven Berry at the Hyde site on Johnson Brook Road when he fell through a fragile roof panel and died as a result of injuries sustained in the fall. I have also decided that three of the company directors - Kevin Palliser, Richard Williams and Graham Coupe - should be charged with gross negligence manslaughter.

“The three men are also charged under section 37 of the Health and Safety at Work Act 1974 for failing to ensure the safety at work of their employees. Lion Steel is also charged under section 2 and 33 of the Health and Safety at Work Act 1974 for failing to ensure the safety at work of its employees.

“I have taken this decision after very carefully reviewing the material gathered in the police investigation and have concluded that there is sufficient evidence for a realistic prospect of conviction and that it is in the public interest to bring these charges.

“The first hearing will take place at Tameside Magistrates’ Court on 2 August 2011."