CPS News Brief

CPS Update - Tuesday 25 January

The jury in the trial of Lord (John) Taylor, accused of six offences of theft by false accounting in relation to parliamentary expenses, is likely to retire today at Southwark CC. We will release a statement once the jury has reached a verdict.

DPP statement on phone hacking - Monday 24 January

Keir Starmer QC, the Director of Public Prosecutions, said:

“It has been agreed following a meeting this morning with Acting Commissioner Tim Godwin and Acting Deputy Commissioner John Yates, that any evidence resulting from recent or new substantive allegations made to the Metropolitan Police Service of mobile voicemail interception arising from the Goodman and Mulcaire case should be subject to the same rigorous assessment as Alison Levitt QC is applying to material already in the possession of the Metropolitan Police Service.

“I have asked Alison Levitt QC (who has had no previous involvement in the case) to take a robust approach with a view to advising whether the Metropolitan Police Service should carry out any further investigation or deciding whether any prosecutions can be brought.

“This builds upon the previous request by the MPS to the CPS to assess all the material relevant to phone hacking.”

CPS Update- Friday 21 January 2011

CPS statement on men accused of burning a copy of the Qu'ran in Gateshead:

Northumbria Chief Crown Prosecutor Wendy Williams said: “This was a serious incident which the vast majority people will rightly find repugnant. However, no matter how unacceptable people may find such behaviour, we can only prosecute if there is sufficient evidence for a realistic prospect of conviction. This case has been subject to a very careful, detailed review. Northumbria Police carried out a thorough investigation and we have taken very great care to consider all the facts in this case.

“The initial focus of the case was on the identity of the person who recorded the incident and posted it online, but it was not possible to identify who this was. Without knowing who it was, we cannot start a prosecution for the publicity of the video.

“We then looked to see whether we could prosecute any of the participants in the actual burning of the Qur’an for an offence of stirring up religious hatred. This offence requires proof that threatening behaviour was used, and there was no evidence which we could use to prove that. “We also looked at a religiously aggravated public order offence. For a case to go ahead, it would be necessary to prove that this act took place within the sight or hearing of anyone likely to be caused harassment, alarm or distress. The individuals involved claimed they did not intend to offend anyone and the incident took place in the back yard of a pub and was seen by very few people at the time. There was no evidence to say that anyone present at the time was upset or was likely to be upset by what they saw.

 “For these reasons we have decided that no one should be prosecuted for an offence arising out of this incident, based on the evidence provided to us. If any further evidence comes to light and is sent to us, we will look at it.

“I must stress that our policy is to prosecute racist and religious crime fairly, firmly and robustly, but this can be done only in cases where there is sufficient evidence for a realistic prospect of conviction.”

DPP announcement on phone hacking - Friday 14 January

The Director of Public Prosecutions, Keir Starmer QC, has today agreed that the Crown Prosecution Service will conduct a comprehensive assessment of all material in the possession of the Metropolitan Police Service relating to phone hacking, following developments in the civil courts.

The exercise will involve an examination of all material considered as part of the original investigation into Clive Goodman and Glenn Mulcaire and any material that has subsequently come to light. The assessment will be carried out by the Principal Legal Advisor, Alison Levitt QC.

The purpose of this assessment is to ascertain whether there is any material which could now form evidence in any future criminal prosecution relating to phone hacking.

Sentencing of PC Stephen Mitchell

Following the sentencing of PC Stephen Mitchell, the CPS Crown Advocate, Paul Simpson, said:

“Stephen Mitchell is a sexual predator. He used and abused his position as a police officer to target vulnerable women for his own sexual gratification.

“The sentence imposed today reflects the gravity of his offending and recognises the danger he poses to women. I would like to pay tribute to the victims in this case. In giving evidence and re-living some of the darkest days of their lives they showed immense courage. Without them this prosecution could not have been brought.”

CPS Update - Tuesday 11 January

Eric Illsley MP has today pleaded guilty at Southwark Crown Court to false accounting in his parliamentary expenses. Simon Clements, Head of the CPS Special Crime Division, said today:

“Eric Illsley, the MP for Barnsley Central, has admitted taking more than £14,000 of the public’s money that he was not entitled to. This was a significant sum of money and the grossly inflated claims he submitted could not be attributed to an oversight or accounting error – indeed he claimed that the expenses system was a way of supplementing members’ salaries. By his guilty pleas he has accepted that he was dishonest in making these claims. As an elected representative, Eric Illsley took advantage of the trust placed in him by his constituents to act honourably on their behalf. Instead, he siphoned off public money into his own pockets and betrayed those who rightly expected the highest standards of integrity from him as a Member of Parliament.”

Note: Eric Illsley was charged in May with dishonestly claiming £27,704. This represented the total value of the claims made for expenses incurred while maintaining his second home. After discussions with the defence, we have agreed that Eric Illsley was entitled to claim for some of those expenses as he had actually incurred them. We have accepted a guilty plea on the basis that the total amount defrauded was £14,204.

CPS Update – Monday 10 January

• We have issued the following explanation of why the trial against environmental protesters accused of breaking into Ratcliffe-on-Soar power station will not go ahead:

“Previously unavailable information that significantly undermined the prosecution’s case came to light on Wednesday, 5 January 2011. In light of this information, the Crown Prosecution Service reviewed the case and decided there was no longer sufficient evidence for a realistic prospect of conviction. There is a hearing today to offer no evidence, thereby discontinuing the case.” 

• Eric Illsley MP will be appearing for a hearing at Southwark Crown Court tomorrow in relation to three counts of false accounting.

CPS Update - Friday 7 January

News

• We have authorised the charging of Paul Wilson with two counts of oral rape of a child. Jayne Salt, Head of CPS West Midlands Complex Casework Unit, said:

“Having carefully examined all of the available information which was submitted to us by the police, we have decided that there is sufficient evidence and it is in the public interest to charge Paul Wilson with two counts of rape in relation an investigation into the Little Star Nursery in Nechells, Birmingham. He faces two charges of oral rape of a child under 13 years, namely two or three years, on dates between 1 January 2009 and 30 July 2010. Paul Wilson will be appearing before Birmingham Magistrates’ Court tomorrow, where an application to remand him in custody will be made by the prosecution.”

• There are reports this morning about the case of Alan Thomas, 79, a man who was charged with the murder of his wife and later committed suicide. We provided this statement yesterday to any journalists who asked:

“It was clear from the outset that this was a tragic case. It was kept under continuous review and we were considering if lesser alternative charges would have been appropriate to put to the jury. We were also in regular contact with the defence team to assist them where possible. However, the evidence clearly demonstrated that a serious offence had been committed and we concluded a prosecution would be in the public interest because a person had been killed, as Mr Thomas admitted.”

Note: Encouraging or assisting a suicide is not a lesser alternative charge if the suspect is believed to have killed another person. The Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide only applies in cases where the suspect has helped another to commit suicide or attempt suicide. 

Diary

• Former MP David Chaytor is being sentenced today at Southwark Crown Court after pleading guilty to three counts of false accounting.

CPS Update - Thursday 6 January

News

• Updated guidance for prosecutors on dealing with Non-Accidental Head Injury (NAHI) cases involving children, formerly known as “Shaken Baby Syndrome” cases, has been published today by the Crown Prosecution Service.

• As widely reported yesterday evening and this morning, a major drug and money laundering operation has been smashed by the CPS and Metropolitan Police. Jonathan McGarry, reviewing lawyer from CPS London, said:

“Today’s hearing in the last of 16 linked trials marks the conclusion of the biggest ever criminal case in London handled by the Crown Prosecution Service and the Metropolitan Police. The investigation began in 2007. It included, in 2008, a drugs bust in which over 100kg of cocaine was seized, still wet with seawater, having arrived on our shores just hours earlier after being loaded by criminals onto an inflatable raft.

“I was on hand to advise the police from ‘day one’ on the sort of evidence that would be admissible in court and would help to build an unbeatable prosecution case. As part of that, the CPS considered over 1000 witness statements. Having also co-ordinated the 16 trials, I have seen dozens of corrupt criminals face justice and a series of drugs and money-laundering networks disbanded.

“I thank the Metropolitan Police for their exhaustive investigation, and pay tribute to the witnesses who bravely came forward to give evidence to ensure these dangerous men would not go unpunished.”

Diary

• Former MP David Chaytor will be sentenced tomorrow at Southwark Crown Court after pleading guilty on 3 December to three counts of false accounting.

• The trial of Eric Illsley MP in relation to Parliamentary expenses begins on Monday 10 January at Southwark Crown Court.

CPS Update - Wednesday 5 January

• There is widespread coverage today of the prosecution of a man who flashed his headlights to warn other drivers of a police speedtrap. We gave this explanation for our decision to prosecute to the media yesterday:

“It was the Crown Prosecution Service’s case that Michael Thompson flashed the lights of his car to warn other drivers of a speed trap ahead. In doing so, he was obstructing a police officer in the execution of their duty, which is a criminal offence contrary to the Police Act 1996, sect 89 (2). The CPS was satisfied that there was sufficient evidence and it was in the public interest to prosecute the defendant with this offence.

"After hearing the prosecution’s case and Michael Thompson’s defence, magistrates at Grimsby Magistrates’ Court found the case against him proved. They decided that he knew his action would cause vehicles to slow down and cause other motorists to avoid the speed trap and prosecution. They fined him £175 and ordered him to pay prosecution costs of £250."

Background information

Police Act 1996, sect 89 (2): Any person who resists or willfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding one month or to a fine not exceeding level 3 on the standard scale, or to both.

CPS update - Friday 24 December

Christoher Killick was convicted yesterday at the Old Bailey of two historic sexual offences against disabled victims. He will be sentenced at the end of January. Alison Saunders, Chief Crown Prosecutor for CPS London, said:

“The Crown Prosecution Service is determined to achieve justice for all.

“I would like to pay tribute to the victims and witness in this case for their patience and determination in giving evidence in this trial. Without them, Christopher Killick would never have faced the consequences of his actions. He subjected these men to appalling acts of sexual violence when he knew their disabilities meant they were unable to stop him. He is a very dangerous and manipulative man.

“During the trial we were faced with a unique and challenging set of circumstances but in bringing this case we have shown our belief that justice should be secured for every member of our society who needs it. I would encourage victims to come forward, whatever their circumstance in life, with confidence that we will do all we can to seek justice for them.”

As the witnesses in this case were wheelchair-users and could not communicate without the use of voice machines or the help of intermediaries, the CPS asked them what additional support they may need. As a result the following actions were taken to ensure an effective trial:

• A pre-trial hearing was held with the judge so that court arrangements, such as how frequently there would be breaks to prevent the experience becoming too tiring, could be decided in advance;
• We arranged for extra BLISS symbols to be designed to enable the complainants to answer questions from prosecution and defence counsel in more detail;
• We applied for a screen so that the complainants did not have to see the defendant when they gave evidence;
• When transport systems were badly affected by snow we arranged overnight accommodation for the complainant who was giving evidence at the time, with adjoining accommodation for his carers.

Christopher Killick was convicted at the Central Criminal Court of buggery between 1990 and 1992 and of sexual assault in 2005.  He was acquitted of rape.

CPS Update - Wednesday 23 December

Just to confirm that the CPS Special Crime Division yesterday received a further file of evidence from the Metropolitan Police in relation to Parliamentary expenses. This is now the tenth such file that we have received. We have charged six people and former MP David Chaytor pleaded guilty this month to three counts of false accounting.

CPS Update Wednesday 22 December

• CPS has today announced the below decision:

 

CPS DECIDES NO CHARGES CAN BE BROUGHT AGAINST MEMBERS OF ENFIELD CRIME SQUAD

 The Crown Prosecution Service has today decided that no charges will be brought against any member of the Enfield Crime Squad after allegations that they assaulted and abused suspects and mis-appropriated their property. 

 The CPS Special Crime Division carefully reviewed files of evidence submitted by the Independent Police Complaints Commission (IPCC) and the Metropolitan Police Service’s Directorate of Professional Standards (DPS) in relation to 15 members of Enfield Crime Squad. 

 The evidence gathered by the IPCC related to an allegation that in November 2008, during the course of a search of a house for drugs, members of the squad assaulted and abused two men in their custody.  The men claimed they had been beaten and one alleged an officer attempted to hold his head under water. 

 Simon Clements, head of the CPS Special Crime Division, said:    “Both men provided statements to the IPCC but their accounts substantially contradicted each other and their identification of the officers allegedly involved was clearly wrong.  Their claims were further undermined by the lack of medical evidence to support claims of repeated assault.  In the absence of reliable, corroborative evidence there is no realistic prospect of a conviction against any officer.

 “Put simply, events could not have happened as the two men described them.”

 The evidence submitted by the DPS included an allegation that in June 2008, officers used excessive force to stop a stolen car. There were also allegations that between 2008 and 2009, officers took suspects’ property such as electrical goods and cars, including a Mercedes, for their personal use.

 Mr Clements said:   “I looked very carefully at the evidence submitted by the DPS and concluded that in no instance was there sufficient evidence to reach the criminal standard for prosecution.

“In particular I considered whether a number of officers could be charged with misconduct in public office for using excessive force when detaining a disqualified driver in a stolen car. 

 “The driver of the stolen car would not assist the DPS investigation and the officers justified their approach by saying they had been told the driver was dangerous and had a history of carrying weapons and violence towards police officers.  In those circumstances it was impossible to prove that the force used was not proportionate or reasonable.”

 Speaking about the allegations relating to suspects’ property, Mr Clements said: “The squad was also accused of misusing a system that allows suspects to ‘disclaim’ ownership of property found in their possession.  From reviewing the evidence, I found this system had been used to circumvent formal police procedures for the seizure and proper disposal of criminal property. 

 “The officers said they believed they were seizing stolen property or property obtained using criminal proceeds, and understood that the Proceeds of Crime Act allowed them to do so.  They said their approach was condoned and supported by their managers.  There was no evidence that the seized items were put to officers’ personal use, rather than deployed in police-related activities.

 “At the request of the CPS, the DPS interviewed a number of the squad’s senior managers.   While not confirming knowledge of specific actions, the managers accepted they had been generally aware of what was happening.  Without being able to prove any specific knowledge, the managers could not be prosecuted.

 “Their evidence also means that we could not charge the officers with theft because, given the open way their actions took place within the police station, we would not be able to prove they acted dishonestly. For the same reason they could not be charged with misconduct in public office as recent case law shows where the substance of the allegation under consideration is the dishonest appropriation of property, we would need to prove they had acted dishonestly to prove that offence too.

 “It is clear that internal police procedures were flouted and breached on a regular basis. But we cannot prosecute members of a squad unless we can show to the criminal standard that they acted dishonestly.”

This case has been very carefully reviewed by experienced lawyers within the CPS Special Crime Division including the head of the division.  The papers were also sent to a senior QC with unrivalled experience in the law relating to misconduct by police officers.  Counsel concurred with the decision reached by the Special Crime Division.   

CPS Update - Tuesday 21 December

• Speaking outside Leeds Crown Court today after the conviction and sentencing of triple murderer Stephen Griffiths, Peter Mann, Head of CPS West Yorkshire’s Complex Casework Unit, said:

“Faced with the overwhelming evidence presented against him, and after he was confronted with the horror of what he had done, Stephen Griffiths today pleaded guilty to the murder of Suzanne Blamires, the murder of Shelley Armitage, and the murder of Susan Rushworth.

“Few people in Bradford are likely to forget the horrific events which led to Griffiths being arrested and charged with these murders in May this year. It was the start of a complex process by my team at the Crown Prosecution Service to build a robust prosecution case. The case, based on the evidence painstakingly-gathered by the West Yorkshire Police, overwhelmingly proved Griffiths’ guilt.

“We cannot begin to understand what drove this cold-hearted and manipulative individual to take three lives in such a brutal and senseless way. The sentence handed down today reflects the truly appalling nature of his crimes. We hope that this result has brought some small measure of comfort to the families of Suzanne, Shelley and Susan, who have suffered a harrowing ordeal as a result of Griffiths’ crimes. They are at the forefront of all our minds today.”

• After the inquest into the death of barrister Mark Saunders we looked to see whether any significant new evidence had arisen. Sally Walsh, the reviewing lawyer from the CPS Special Crime Division, said today:

“Following the verdict at the inquest into the death of Mark Saunders, I have been considering whether any significant new evidence arose which would be capable of affecting my original decision. Having considered a full transcript of the inquest hearing, and a report of the inquest submitted by the IPCC, I have concluded that my decision remains the same. There remains insufficient evidence to charge any officer in relation to the tragic death of Mark Saunders. I would again extend my sympathies to Mr Saunders’ family.”

CPS Update - Monday 20 December

• We have advised the Independent Police Complaints Commission that Paul Cook, a customs officer, should be prosecuted for misconduct in public office and conspiracy to pervert the course of justice.

The reviewing lawyer from the Special Crime Division, Sally Walsh, said:

“I have advised the IPCC that Mr Cook should be summonsed to appear at City of Westminster Magistrates’ Court on 11 January 2011.

“The charges relate to a period from 1993 to 2001, when Mr Cook was an officer of Her Majesty’s Customs and Excise, and worked in the National Investigation Service.

“I have reviewed a file of evidence from the IPCC and have decided there is sufficient evidence for a realistic prospect of conviction so that a jury could reasonably conclude that his conduct fell significantly below the standards the public are entitled to expect from someone in his position.

“I considered the public interest very carefully in deciding whether Mr Cook should be prosecuted given the length of time which has elapsed for some of these allegations. However, the seriousness of the offences and the allegations mean I have decided the public interest requires a prosecution.

“Mr Cook now faces prosecution for criminal offences and has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice his trial.”