CPS News Brief

CPS Update: Friday 17 December

• As expected, there is a lot of coverage today of the bail appeal hearing for Julian Assange yesterday. We provided this statement to media who called us:

“The Crown Prosecution Service acts as agent for the Swedish Government in the Assange case. The Swedish Director of Prosecutions this morning (16 December) confirmed that she fully supported the appeal.”

• The third CPS annual hate crime report has now been published on our website. Dale Simon, Director of Equality and Diversity Unit for the Crown Prosecution Service said:

“The third annual hate crime report published today shows that the CPS is continuing to make good progress in prosecuting hate crime. While the volume of prosecutions has increased the conviction rate remains the same in comparison with last year.

“This increase in prosecutions indicates that we are getting better at identifying cases of hate crime and that our staff has a better understanding of these types of cases. However there is still room for more progress and no room for complacency. We are determined to improve the quality of our prosecutions in all hate crime cases.

“Our work with charities and the feedback from our Hate Crime Scrutiny Panels are invaluable in helping us shape our guidance to prosecutors so that they can build stronger cases.

“We started to monitor our performance in prosecuting crimes against older people in 2008/09. The figures are encouraging as they show a large increase in the number of prosecutions since last year and also that our successful outcome rate has improved. The report is an important element of our accountability and transparency policy.”

CPS Update - Thursday 16 December

DPP Announces Measures to Strengthen Rape Prosecutions

The Director of Public Prosecutions, Keir Starmer QC has announced a series of changes to strengthen rape prosecutions and instil greater quality and consistency into the processes by which crimes of rape are prosecuted. An article written by the Director about the announcement has appeared in the Guardian newspaper. The Press Release announcing the changes can be read here.

A key element of these measures will be to seek the views of interested parties about the factors which should be considered before prosecuting people for perverting the course of justice connected with rape cases with a view to drawing up new guidance. This exercise will be launched in the New Year.

Further changes announced are:

• any prosecutor across England and Wales who considers charging a person who has retracted an allegation of rape with an offence of perverting the course of justice will now need the DPP’s approval before they can proceed;
• reinforcing the ‘merits-based’ approach to rape prosecutions by dealing effectively with myths and stereotypes;
• introducing Violence against Women (VaW) assurance measures from 1 January which require all CPS areas to monitor their handling of VaW cases and, where necessary, remedial action will be taken to ensure a consistent national approach;
• improving the quality of communications with victims.

CPS Update - Monday 13 December

• Mark Weston was convicted of the murder of Vikki Thompson today at Reading Crown Court. He had previously been tried and acquitted of her murder 15 years ago. The following statement was released:

Denis Burke, senior lawyer from CPS Thames and Chiltern said today:

"Jonathan Thompson and his children have waited 15 long years and have today seen justice for the murder of his wife and their mother.

"Vikki Thompson was savagely attacked on a warm August afternoon in a peaceful Cotswolds village while she was walking her dog, Daisy. When Daisy returned alone to their house, Jonathan knew straight away that something was wrong. No one can imagine his state of mind as he took his children on a desperate search for her in their car.

“Thames Valley Major Crime Review Team presented the CPS with new evidence in March 2009. As a result of a change in the law in 2005, which allows someone to be retried for a serious offence despite a previous acquittal, the Director of Public Prosecutions, Keir Starmer QC, gave his consent for an application to be made to the Court of Appeal for the acquittal to be quashed and a retrial to be held.

“The new and compelling evidence was small bloodstains found on the defendant’s boots, which matched Vikki Thompson’s DNA. Weston had always denied knowing her or being at the scene on that day. He could not explain to the jury in this trial how the blood had got on to his boots.

“Forensic scientists told the court that the blood was wet when it came into contact with Weston’s boots. This was the prosecution’s case that accidental contamination could be excluded.

“The court was told that during the course of the afternoon, while she was walking her dog down a country lane, Vikki Thompson saw Weston watching her as he performed a sex act. It was our case that he was concerned that she might tell someone about what she just had seen and so he chased her and violently attacked her.

“The attack was so violent that Vikki Thompson was never able to say who carried it out, and she died six days later in hospital. This is a tragic case that has shaken this normally peaceful, pretty village.

“This prosecution would not have been possible without the thorough re-investigation of the case by the Thames Valley Major Crime Review Team and the experts involved.

“The jury was satisfied that Weston was the murderer of Vikki Thompson. We would like to thank all the witnesses who came forward, in particular Mr Thompson who had to relive this terrible tragedy.

“We hope that this conviction will bring some comfort after all these years to Mr Thompson and his children, Vikki’s family, and all their friends.”

• A letter in the Guardian today discusses proposed legislation which would give the DPP the power of veto over arrest warrants for crimes of universal jurisdiction.  This contains some misconceptions about the role of the DPP and we are considering our response to the letter.

• The following statement explains the CPS decision to discontinue the case against Newcastle footballer Andrew Carroll. A CPS spokesman said:

“We take all cases such as this extremely seriously and we considered the evidence initially provided by the police and decided the correct charge was one of assault by beating. We have a duty to keep cases under constant review and once we received a full file of evidence before the trial we looked at the case again.

"Having reviewed all the evidence now available, we have decided there is no longer a realistic prospect of conviction and we are no longer proceeding with the case against Andrew Carroll. We have sent a letter explaining our decision to the victim.”

 

Phone hacking allegations: Statement from Director of Public Prosecutions

The Director of Public Prosecutions, Keir Starmer QC, said today:

“In September 2010 the New York Times published allegations that phone hacking at the News of the World newspaper was more widespread and more widely known than was outlined at the 2007 prosecution of Clive Goodman and Glenn Mulcaire.

“This prompted a number of associated reports and wide media coverage and speculation.

“The police have investigated these allegations and, on 12 November 2010, requested advice from the Crown Prosecution Service about the prospects of bringing criminal charges against anyone for offences relating to the interception of communications.

“Sean Hoare, who made significant allegations in the New York Times and elsewhere, was interviewed by the police but refused to comment. A number of other witnesses were interviewed and either refused to cooperate with the police investigation, provided short statements which did not advance matters, or denied any knowledge of wrongdoing.

“Against that background, there is no admissible evidence upon which the CPS could properly advise the police to bring criminal charges. The contents of the reports in the New York Times and the associated reports and coverage are not enough for criminal proceedings unless those making allegations are prepared to provide the police with admissible evidence to support their assertions. None have been prepared to do so.

“It is possible that further allegations will be made and the CPS remains willing to consider any evidence submitted to us by the police. To facilitate this, the CPS and the Metropolitan Police Service intend to convene a panel of police officers and prosecutors to assess those allegations with a view to determining whether or not investigations should take place.

“I have made it clear that a robust attitude needs to be taken to any unauthorised interception. But a criminal prosecution can only take place if those making allegations of wrongdoing are prepared to cooperate with a criminal investigation and to provide admissible evidence of the wrongdoing they allege.”

CPS Update - Friday 10 December

In the News

• There are reports this morning about Nathan Sparrow, who was prosecuted for entering a gym using another person’s identity, that suggest the prosecution was not a proportionate response to his offending. CPS Leicestershire has released this statement on the case:

“The defendant has pleaded guilty to fraud by misrepresentation under the Fraud Act 2006, which is a very serious offence, and not the mere theft of 50p. His guilty plea clearly acknowledges his criminal conduct and the seriousness of his actions in using another person’s identity. Given the seriousness of identity theft, this is an entirely correct prosecution to bring and has been dealt with appropriately through the courts.

“The decision to prosecute in fraud cases is not determined only by the amount of loss, but on the level of criminality involved. The victim in this case indicated that this level of fraud is a serious matter for them. Taking the wishes of the victim into consideration it is only right and proper that this type of crime should be prosecuted so that they do not incur further loss through dishonesty of this nature.”

The court was told that Nathan Sparrow had previous convictions for dishonesty and the offence was committed while on bail for another matter.

• Nazir Afzal, our community liaison director, spoke to the Evening Standard yesterday about the dangers of cyberstalking. Find out more about our new guidance for prosecutors on stalking and harassment cases.

• We can confirm that we have received the ninth file of evidence in relation to Parliamentary expenses, as announced by the Metropolitan Police yesterday. A decision will be taken by our Special Crime Division in due course.

CPS Diary

• The jury is likely to go out today in the trial of Mark Weston for the murder of Vikki Thompson.

• The trial of Lord Hanningfield in relation to Parliamentary expenses, which was scheduled to begin on Monday 13 December, has been postponed. No new trial date has been set yet.

CPS Update - Wednesday 8 December

In the News

• Both Julian Assange, founder of Wikileaks, and Shrien Dewani, husband of the woman who was killed while on honeymoon in South Africa, have appeared at the City of Westminster Magistrates’ Court in the past 24 hours in relation to extradition requests from foreign jurisdictions.

We have been asked similar questions about the extradition process several times, so we thought it would be helpful if we shared some Q&A with our readers:

1. What is the CPS’s position? Why are you ‘prosecuting’ these cases?

The CPS is not prosecuting these cases. We act on behalf of the foreign jurisdiction in court and follow their legal instructions. We must do so if the UK has an extradition agreement with them (as they must do for us in their jurisdiction whenever we submit an extradition request to them).

Any questions about why a request has been made should be directed to the authorities in the country that made the request. Neither the CPS nor the DPP have any role in decision making on extradition requests from foreign jurisdictions.

2. How long will the extradition process take?

As soon as someone is arrested on an extradition warrant, they appear in court as soon as possible – sometimes on the same day, but usually within 12 to 24 hours – for the first hearing. This is adjourned for a full extradition hearing, which will normally happen within several weeks of the suspect’s first appearance at court. If the extradition is ordered, the suspect has the right of appeal. It is impossible to predict how long the entire process will take. The aim of the European Arrest Warrant (EAW) is to make the procedure as swift as possible while observing the due process of the law.

3. Why can the court deny bail?

The court can refuse to grant bail on three grounds: the risk of further offending, the risk that the suspect will interfere with witnesses and the risk that the suspect will flee. It is for the court to determine how serious these risks are and decide whether the risk justifies the suspect being remanded in custody.

4. Where are suspects held if they are refused bail?

Custody arrangements are a matter for the police and the National Offender Management Service, not the CPS.

If you’d like to learn more about the extradition process, please see the Extradition fact sheet in our News Centre. You can also read our in depth legal guidance.

• A report in the latest edition of Private Eye questions our decision not to bring any charges in relation to the death of a young moped rider, Ryan Stewart, in Gloucestershire, who died following a collision with a car driven by a police officer. The inquest concluded his death was accidental. Our full explanation is as follows and attributable to a CPS spokesperson:

“This case was reviewed by a District Crown Prosecutor and it was decided that there was not a realistic prospect of convicting Miss Dover of a criminal offence. An inquest has taken place and a verdict returned of accidental death. We have not at this stage been invited by the police to re-consider our decision as we understand that no further evidence was heard by the Coroner in addition to that considered by the CPS under the Code for Crown Prosecutors.”

CPS Diary

• The sentencing at Bristol Crown Court of three defendants in the Little Ted's nursery abuse case, including Colin Blanchard, that was scheduled for tomorrow has been postponed to the New Year.

Welcome from the Director of Public Prosecutions

The CPS News Brief will keep you up to date with national news coverage of the CPS, both good and bad, and our responses, as well as the latest developments in court cases of interest. Keir Starmer QC, the DPP, welcomes you to the new blog:

“I believe that openness and transparency should be the hallmarks of the criminal justice system. I want the public to know more about our work and to understand better our decisions.

“This blog is the latest step in that direction. It will keep the public up to date with what we are doing and explain why we have done it.”

Subscribing by RSS is the best way to receive every update made to the CPS News Brief. Just click on the RSS icon to the right and add the feed to your browser’s reader by adding it as a favourite (or subscribe directly to the feed through http://blog.cps.gov.uk/atom.xml).

CPS Diary – Weeks of 6 & 13 December

This week: 6-10 December

Monday 6 December

• Martin Smith’s trial begins today at Manchester Crown Court. He is charged with three rapes, three attempted rapes, four indecent assaults and indecency with a child. Some legal argument is expected, but the prosecution will begin this afternoon or tomorrow.

Tuesday 7 December

• Bernadette Quirk will be sentenced at Liverpool Crown Court for concealing the birth of four children.

Thursday 9 December

• Three defendants involved in the Little Ted’s nursery child abuse ring, including Colin Blanchard, will be sentenced at Bristol Crown Court.

• Jury may go out today or tomorrow in the case of Mark Weston at Reading Crown Court. He is accused of murdering Vikki Thompson in 1995.

Next week: 13-17 December

Monday 13 December

• Lord Hanningfield’s trial at Southwark Crown Court in relation to Parliamentary expenses will begin.

• Kaur Satpal Singh will be sentenced at the Old Bailey. She was found guilty of killing her son by forcing him to drink bleach.

CPS Update – Monday 6 December

In the News

• Former MP David Chaytor pleaded guilty to three counts of false accounting under the Theft Act on Friday at the Old Bailey. Simon Clements, Head of the CPS Special Crime Division, made a statement that was carried live on air and widely reported over the weekend. The full statement is as follows:

“David Chaytor has today admitted his dishonesty and he will now face the consequences of his actions. No-one, no matter their position, should be allowed to take money that they know they have no right to. By his actions, David Chaytor has abused the trust placed in him by the public.

“I would however remind all concerned that today’s outcome relates to the actions of David Chaytor and David Chaytor alone. Every defendant is entitled to a fair trial and nothing that has happened today should reflect on any defendant in any other case.”

CPS Update - Thursday 25 November

In the News

It was a busy news day yesterday so people may have missed these two stories:

• The CPS authorised a charge of gross negligence manslaughter against Dr Hisham El-Baroudy, a former forensic medical examiner, in relation to a death in police custody in 2009.

• A 77 year old child killer was convicted in London of the repeated rape and sexual assault of a child nearly 50 years ago.

CPS Update - Thursday 18 November

In the News

• The Crown Prosecution Service announced its decision on an allegation relating to 'Witness B' yesterday following an investigation into a specific complaint by Binyam Mohamed.

The Director of Public Prosecutions, Keir Starmer, QC, issued the following statement:

“The Crown Prosecution Service has advised the Metropolitan Police Service that there is insufficient evidence to prosecute Witness B for any criminal offence arising from the interview of Binyam Mohamed in Pakistan on 17 May 2002.

“We are unable to release further information at this stage because the wider investigation into other potential criminal conduct arising from allegations made by Mr Mohamed in interviews with the police is still ongoing.”

• There is some media coverage today of the two teenagers who were sentenced yesterday for stabbing Robert Daley to death on 23 April 2010, one of whom had previously made allegations of a sexual nature against him.

Here is the CPS explanation of why no charges were brought in relation to that:

“The Crown Prosecution Service had carefully considered all the evidence relating to those allegations against Mr Daley. The young female defendant in this case failed to assist police in that investigation and due to this and other conflicting evidence, the CPS was not satisfied on the evidence available that there was a realistic prospect of conviction and in the circumstances decided that no further action should be taken. This was communicated to all parties.”

Background: The allegations against Daley were made by the teenage girl aged 14 (the defendant), her sister and another woman. They were supported by a 14 year old youth (the other defendant) who allegedly witnessed some of the offences.

The CPS carefully reviewed the evidence of two teenagers, the male defendant in this case and his girlfriend, the sister of the female defendant. However the other two potential victims/witnesses declined to be interviewed by the police in relation to their allegations and refused to assist them in their investigation. There was also other evidence which had the potential to undermine the prosecution case.

Taking all of this into account we had to conclude that there was insufficient evidence to provide a realistic prospect of conviction and it was therefore right that no further action should be taken against Robert Daley.

The lawyer who made the decision had a face-to-face meeting with the investigating officer and advised him that there was insufficient evidence for a realistic prospect of conviction. This was accepted by the officer and our decision was communicated to all interested parties.

CPS Update - Wednesday 17 November

In the News

• Following the student protests last week in London, CPS London has authorised a charge of violent disorder against 18-year-old Edward Woollard from Southampton.

Grace Ononiwu, Legal Director for CPS London North, said:

"I can confirm we have advised that Edward Woollard should be charged with one count of violent disorder in relation to a student protest outside Conservative Party Headquarters in central London on 10 November 2010. The charge relates to an allegation that Mr Woollard made his way onto the roof of a neighbouring building where he threw a fire extinguisher to the ground below.

“After a careful review of the evidence supplied by Metropolitan Police, we have decided there is sufficient evidence to prosecute Mr Woollard and it is in the public interest to do so.

“Mr Woollard was charged last night at Belgravia police station and is appearing at City of Westminster Magistrates Court, today, Wednesday 17th November 2010."

Background: The maximum sentence for the offence of violent disorder is five years imprisonment.

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 - Wednesday 3 November

In the News

• Roshonara Choudhry was sentenced to life imprisonment with a 15 year minimum term this morning for the attempted murder of Stephen Timms MP. Simon Clements, Head of the CPS Special Crime Division, said:

“An MP’s surgery where they meet their constituents is one of the cornerstones of our democracy. It allows the public to discuss their concerns face-to-face with their elected representatives about the issues that matter to them. Roshonara Choudhry decided against any peaceful discussion of issues that concerned her and instead seized an opportunity to attack a man she had never met and who had never wished her any harm. The court was told that one of the aggravating factors in this case was that Ms Choudhry clearly planned in advance to attack Mr Timms and expressed no remorse afterwards. She admitted without hesitation that her intention was to end her victim’s life, but has succeeded only in ruining her own.”

• It was widely reported this morning that Shameless star Elliott Tittensor had not been charged in relation to a permanent eye injury sustained by a young man. CPS London Senior Crown Prosecutor David Davies explained the decision:

“I received a full file of evidence in relation to allegations of causing grievous bodily harm with intent and dangerous driving on 22 September 2010.

“Having reviewed all of the available evidence I concluded that there is no realistic prospect of conviction and have advised the police to take no further action. “Although the complainant suffered serious injuries in this incident, individuals are entitled to act in a reasonable and proportionate way in self-defence where they perceive that they are under immediate threat.

“I have decided, based on evidence including statements from independent eye witnesses, that Mr Tittensor was acting in self-defence in driving in the manner in which he did that evening."

CPS Update - Tuesday 2 November

• Roshonara Choudhury is on trial for the attempted murder of Stephen Timms MP at the Old Bailey. Jury expected to go out this afternoon. We will have a statement for release on verdict.