CPS News Brief

DPP celebrates the best of the CPS

We are now celebrating the CPS's best work every month. Keir Starmer QC, the Director of Public Prosecutions, says:

"I want the public to know about some of the really excellent work that our lawyers, caseworkers and other staff do on a daily basis.

"So we are now publishing, each month, a few examples of projects or cases where work by individuals should be celebrated. To that end, we have created a 'Successes of the Month' section on the website.

"I am proud of the fantastic work that our staff carry out up and down the country and I hope you take some time out to read the first 'Successes of the Month'."

One of this month's successes was the creation of a spreadsheet that accurately calculates custody time limits (CTL). Keeping track of a CTL is essential for protecting the public as an exceeded limit can, in some circumstances, lead to an individual being released from custody before their trial. Since the 1980s, staff have relied on their fingers and calendars to calculate the CTL expiry date, which carries with it the normal human error risks.

Anthony Madison, a CPS performance management analyst, has created an extremely clever and useful Microsoft Excel tool to calculate difficult CTL expiry dates, which has been very warmly received across the CPS.

Having designed this calculator, Anthony then developed his own CTL calculator app for his personal smartphone. He is now developing the app for other platforms.

Read more Successes of the Month.

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.

DPP says Bellfield trial raises "fundamental questions"

The Director of Public Prosecutions, Keir Starmer QC, said

“This trial has raised some fundamental questions about the treatment of victims and witnesses in the court process. Those questions require answers and we will be contributing to the review by the Ministry of Justice into all aspects of victim support.”

DPP speaks about allowing cameras in court

Keir Starmer QC, the Director of Public Prosecutions, was asked last month about his views on allowing cameras in court. He said that he was supportive of the principle, with appropriate safeguards particularly in cases involving vulnerable individuals. He repeated this in a discussion on Sky News yesterday. Some commentary has suggested that the DPP is backing particular proposals, currently being considered by the Ministry of Justice, to allow cameras in courts. To clarify, Mr Starmer has not seen these proposals, and told Sky News:

“There are proposals that have been put forward. I am not going to comment on them. They’re for other people. I am simply saying from my point of view - a prosecutor’s point of view - that I think this is a good idea”

Statement from DPP Keir Starmer QC on the Ratcliffe on Soar power station cases

In light of growing concerns about the non-disclosure of material relating to the activities of an undercover police officer in the Ratcliffe on Soar power station cases, I have decided that I will set up an independent inquiry, conducted by a senior legal figure, to work in tandem with the IPCC inquiry into the matter which began in January 2011 . The two inquiries will have full access to all the available evidence, whether held by the police or the CPS, and will share information. They will also share their provisional findings before final reports are drawn up.

This arrangement will provide independent scrutiny of the actions of both the police and the CPS in relation to the disclosure issues arising from the Ratcliffe on Soar power station cases. It is an arrangement supported by the IPCC and the Chief Constable of Nottinghamshire. Until the two inquiries report, it is important that no conclusions are drawn about any individuals involved in this matter.

Keir Starmer QC, Director of Public Prosecutions

Mr Ian Tomlinson: Final decision - Statement by Keir Starmer QC

On 3 May this year I announced that the decision not to prosecute anyone in relation to the death of Mr Ian Tomlinson would be reviewed in light of the verdict of unlawful killing returned by the jury at the inquest into Mr Tomlinson’s death. That review is now complete and I have this morning met Mr Tomlinson’s family to tell them the outcome.

The difficulty facing any prosecution in relation to the death of Mr Tomlinson lies in the conflicting medical evidence about the cause of death. That difficulty remains. A criminal trial is different to an inquest and it is my duty to ensure that a prosecution is only brought where there is evidence available to the prosecution that provides a realistic prospect of a jury being able to satisfy themselves beyond reasonable doubt that an offence has been committed. For that reason very careful consideration is required where there is conflicting medical evidence.

However, matters have moved on in two ways since the original decision was taken in this case. First, new medical evidence was presented at the inquest. Second, the various accounts and opinions given by the medical experts, including Dr Patel, were tested in extensive questioning at the inquest; this has changed the basis upon which the case falls to be considered. But for the inquest, the significant conflicts in the evidence that had previously existed could not have been addressed; and the inquest process, which is less confined than a criminal trial, has allowed a degree of clarity to emerge.

We have considered the new evidence adduced at the inquest and the final positions adopted by the medical experts very carefully indeed. We have also taken the advice of leading counsel, Mr Tim Owen QC, on the critical medical issues that remain.

Having done so, we are satisfied that the position in relation to the medical evidence about the cause of death has clearly changed. The difficulties that would now confront any prosecution have changed in nature and scale from last year when a decision was taken not to prosecute, although it is clear that real difficulties remain.

Taking the evidence as it now stands, we have concluded that, even with those remaining difficulties, there is now sufficient evidence to provide a realistic prospect of successfully prosecuting PC Simon Harwood for the manslaughter of Mr Tomlinson. That being the case, it is clearly in the public interest that criminal proceedings be brought.

Accordingly, a summons charging PC Harwood with the manslaughter of Mr Tomlinson has been obtained from the City of Westminster Magistrates’ Court. He will appear before that court on 20 June 2011.

Can I remind all concerned that PC Harwood now faces a charge of manslaughter, and proceedings are now active. He has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice his trial.

Keir Starmer QC
Director of Public Prosecutions

DPP statement on allowing cameras in court

Keir Starmer QC, Director of Public Prosecutions, was asked by the Society of Editors whether he supported proposals to televise sentencing, judges’ closing remarks and judgments. In response, he said:

“In principle I would support a proposal that judgments, judges’ closing remarks and judicial sentencing in criminal cases could be televised. There may be a case for going further, although I would obviously not want to promote anything that adversely affected the ability of victims or witnesses to give their best evidence to the court. Therefore there would need to be appropriate safeguards, particularly in cases involving vulnerable individuals, and any requests to televise any part of the court process should be subject to the judge’s individual discretion.

“But I think that there should be a presumption of openness in showing certain parts of a trial. I believe that transparency and visibility help the public understand how the criminal justice system works, and shining a light on the workings of the court room can only serve to boost its efficiency and effectiveness.”

DPP invites defence to appeal convictions of Ratcliffe-on-Soar protestors

The Director of Public Prosecutions, Keir Starmer QC, has written to the legal representatives of 20 protestors convicted of conspiracy to commit aggravated trespass after a protest at Ratcliffe-on-Soar power station, inviting them to appeal the convictions.

On 28 January 2011, Mr Starmer asked Clare Montgomery QC to review the case of those protestors convicted in December last year. Ms Montgomery has now completed her review and given her conclusions to the DPP. Mr Starmer said:

“I instructed Ms Montgomery to review the safety of the convictions of the individuals convicted at Nottingham Crown Court on 14 December 2010 in light of non-disclosure of material relating to the activities of an undercover police officer.

“Ms Montgomery has now completed her review and, having carefully considered her conclusions, I believe that the safety of the convictions should be considered by the Court of Appeal as soon as possible.

“The prosecution cannot lodge an appeal to the Court of Appeal save in very limited circumstances, which are not met here, and in my letter I have invited the defence to lodge an appeal and to include the issue of non-disclosure of material relating to the activities of an undercover police officer in any grounds of appeal.

“I have also indicated that the CPS will assist in any steps necessary to expedite the appeal.

“The safety of the convictions is a matter that can only be dealt with by the Court of Appeal.

“I am satisfied that, despite the ongoing reviews into what happened in this case, this is the only proper course of action. It would be wrong if, having reached this conclusion, I waited until the reviews were completed before contacting the defence about a possible appeal.

“As reviews into the handling of this case have yet to report, it would not be appropriate for me to comment further on any issues involving the undercover officer.”

• The 20 protestors were found guilty of conspiracy to commit aggravated trespass at Nottingham Crown Court on 14 December 2010.

• We offered no evidence at Nottingham Crown Court on 10 January 2011 against six people charged with conspiracy to commit aggravated trespass.

Domestic Violence: the facts, the issues, the future

Keir Starmer QC gave a speech this afternoon at our headquarters entitled Domestic Violence: the facts, the issues, the future. The DPP said domestic violence is a "serious and pernicious" form of crime and that while much progress has been made in prosecuting offenders in recent years, police and prosecutors must do more to tackle it. Recent statistics show that nearly one million women are abused every year, two are killed every week by partners or ex-partners and more than half of all victims of serious sexual assaults have been attacked by partners or ex-partners.

Figures also show that young women between the ages of 16 and 19 are the most at risk of domestic abuse (12.7% according to the British Crime Survey). Mr Starmer said: "What that tends to show is that there may be a next generation of domestic violence waiting in the wings.”

The criminal justice system has made real progress in prosecuting domestic violence offences in the past decade, raising the conviction rate from 49% to 72%, but the DPP said there is no room for complacency – a change in attitude is needed and this issue must be tackled head-on.

You can read more in our press release and read the speech here.

Statement from DPP Keir Starmer QC and ADC John Yates on phone hacking

Joint statement from Metropolitan Police Service Acting Deputy Commissioner John Yates and Director of Public Prosecutions Keir Starmer QC:

"There has been a significant amount of interest in recent weeks among the media over understanding of the complex law in respect of phone hacking, particularly in relation to the prosecutions of Goodman and Mulcaire. We have both written to, and appeared before, the relevant Parliamentary Select Committees providing detailed evidence on this matter to give an account of our best understanding of what took place five years ago.

"Neither of us had responsibility for this case at the time it was originally prosecuted. We have, therefore, both sought to interpret, as best we can, the original documentation and the recollections of those involved. The relevant information is now in the public domain.

"We, and others in our organisations, would now like to focus together on the current investigation, in the same way that we work closely and constructively on a daily basis on numerous other cases and complex issues."

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.”

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.

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.

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.”

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).