CPS News Brief

Response to reports in The Sun Newspaper - 16 October 2015

A number of inaccurate claims have been made in The Sun newspaper today, which we have clarified below.

The Sun has reported in its editorial that the Director of Public Prosecutions ‘upped the efforts’ in Operation Elveden. This is not true. In fact, in April this year, a comprehensive re-review of Operation Elveden was held in light of a Court of Appeal judgement and the Director decided that the CPS would offer no evidence in cases against nine journalists, and instead only proceed against three.

In addition, the editorial claims that the Director let Tom Watson ‘bully’ her into investigating allegations about Leon Brittan. Not only does the CPS not carry out investigations, as we have previously made clear, the CPS at no point made any request to the Metropolitan Police Service (MPS) that they reopen their investigation into Lord Brittan. As we have already outlined to The Sun, Lord Brittan was interviewed by the MPS before the CPS had forwarded correspondence from Mr Watson relating to the allegations made.

As is normal when we receive correspondence relating to operational police matters, the letter from Mr Watson was forwarded by CPS London staff to the relevant officer for their information. It is for the police to decide whether or not, or how, they will investigate an allegation that is referred to them. The CPS has no power to direct them and did not seek to do so.

Finally, the Sun misrepresents the Director’s comments in relation to complaints of rape and sexual assault. The Director has always made it clear that it is for the prosecution to prove the guilt of a defendant, including in cases of rape and sexual assault. We ask what made the defendant reasonably believe that consent was given, and what made the complainant think that it was not. There is certainly no assumption that any woman who wakes up with lack of memory of the night before has a rape case to pursue. The burden of proof has not changed and the law is clear – it is for the prosecution to prove that an offence takes place. This misrepresentation perpetuates the damaging myth that rape prosecutions take place if a woman simply regrets her actions of the night before. That is simply not the case.

Operation Elveden retrial of Jamie Pyatt and Chris Pharo

A CPS spokesperson said,

“After careful consideration, following the re-review of Operation Elveden this year, the Crown Prosecution Service determined that the case against Jamie Pyatt and Chris Pharo met both the evidential and public interest requirements of the Code, so this matter was put before a jury.

“It is right that a jury, rather than the CPS, decides whether a defendant is guilty or not. The CPS is duty-bound to prosecute cases which provide a realistic prospect of conviction and are in the public interest. This test is significantly different to that of a jury, which must only convict if they are assured of guilt beyond all reasonable doubt. The case was allowed by the judge to progress to a full trial and we respect the verdict of the jury today.

“This case in particular involved allegations of multiple payments to a corrupt public official in areas where the public should generally expect confidentiality.”

Clarification on Tom Watson MP letter

A CPS Spokesperson said:

“The DPP received a letter from Tom Watson MP in May 2014. The majority of the concerns raised by Mr Watson were operational matters concerning the police. As such, the DPP simply confirmed to Mr Watson that she would forward his correspondence on to the police to address. The CPS has no power to direct the police in operational matters, including the conduct of a criminal investigation, and the decision to interview a suspect is a decision for the police alone.”

Bishop Ball sentenced to 32 months imprisonment

Jaswant Narwal, Chief Crown Prosecutor for CPS South East, said:

“Peter Ball has admitted that he abused his power to groom and exploit vulnerable young men. As a Bishop in the Church of England, he was expected to provide spiritual leadership to young people following their faith. Instead, he breached that trust, causing profound and lasting suffering to his victims.

“This was an extraordinarily complex case with several legal challenges mounted by the defence before admitting guilt. The offences of indecent assault and misconduct in public office may have taken place many years ago, but Peter Ball must now face the consequences of his actions.”

The charges are:

• Misconduct in public office between 1977 and 1992
• Indecent assault on a boy, aged 12 or 13, in 1978
• Indecent assault on a man, aged 19 or 20, between 1980 and 1982

15 year old jailed for part in international terror plot

A 15 year old boy from Blackburn has today been sentenced to detention for life for his part in a plan to attack ANZAC Day memorial celebrations in Melbourne.

The court heard that the boy had sent over 3000 messages to a fellow plotter in Australia and that they had discussed a plan to kill police officers.

The plot was foiled following arrests in both the UK and Australia before any attack could be carried out.

Sue Hemming, Head of Special Crime and Counter Terrorism Division at said: “It is clear from cases such as this one that those who have been radicalised do not have to leave the UK in order to pose a threat to the public and the wider world.

“The plan to attack during the national day of mourning for the military dead of Australia and New Zealand was hatched by these individuals on different sides of the world and it was shocking in its brutality and scope.

“It is vital that we bring the full force of the law to bear on those who would seek to radicalise others or assist in preparation of acts of terror, regardless of where they or their targets are in the world.”

Additional Information

Australia and New Zealand Army Corps Day (ANZAC Day) takes place every 25 April and commemorates all those from the armed forces of Australia and New Zealand who have died in wars, conflicts and peacekeeping operations.

Mazher Mahmood and Alan Smith charged with conspiring to pervert the course of justice

Nick Vamos, Deputy Head of Special Crime at CPS, said: “The CPS has today, Tuesday 29 September, charged Mazher Mahmood and Alan Smith with conspiring to pervert the course of justice after a full file of evidence was submitted by the Metropolitan Police on 5 June this year.

“After carefully considering all of the evidence the CPS has decided that there is sufficient evidence for a realistic prospect of conviction and it is in the public interest to charge both men.  This decision comes after it was alleged that Mr Smith agreed with Mr Mahmood to change his statement to police as part of a trial in July 2014, and that Mr Mahmood then misled the court. 

"Mazher Mahmood and Alan Smith will appear at Westminster Magistrates’ Court on 30 October.

"May I remind all concerned that both Mr Mahmood and Mr Smith have a right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings. For these reasons, it would be inappropriate for any further comment."

Mazher Mahmood and Alan Smith charged with conspiring to pervert the course of justice

Nick Vamos, Deputy Head of Special Crime at CPS, said: “The CPS has today, Tuesday 29 September, charged Mazher Mahmood and Alan Smith with conspiring to pervert the course of justice after a full file of evidence was submitted by the Metropolitan Police on 5 June this year.

“After carefully considering all of the evidence the CPS has decided that there is sufficient evidence for a realistic prospect of conviction and it is in the public interest to charge both men.  This decision comes after it was alleged that Mr Smith agreed with Mr Mahmood to change his statement to police as part of a trial in July 2014, and that Mr Mahmood then misled the court. 

"Mazher Mahmood and Alan Smith will appear at Westminster Magistrates’ Court on 30 October.

"May I remind all concerned that both Mr Mahmood and Mr Smith have a right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings. For these reasons, it would be inappropriate for any further comment."

Child sex abusers sentenced at Norwich Crown Court

One woman and two men convicted of prolonged sexual and physical abuse of children have been sentenced today.

Marie Black, Jason Adams and Michael Rogers were convicted in August 2015 at Norwich Crown Court of 44 charges.

Black, who faced 26 charges including conspiracy to rape, sexual assault and child cruelty, was convicted of 23 charges. Also convicted were Jason Adams, who was found guilty of seven counts including sexual assault, rape and engaging in sexual activity, and Michael Rogers who was convicted on all 14 charges including child cruelty, rape, and conspiracy to rape.

Head of the Complex Casework Unit for the CPS in the East of England, Nigel Pilkington said: “Cases involving allegations against children are among the most challenging that we deal with and as prosecutors we are aware of how traumatic it can be for child victims and witnesses to give evidence about such events.

“We arranged for the children to give evidence during the trial by video link and the court agreed with our request that the children be given plenty of breaks whilst giving evidence and being cross-examined. We would like to pay tribute to the victims in this case for their courage in coming forward to the authorities and assisting the prosecution.

"The court heard details from the prosecution of the acts carried out by these convicted defendants against five children over a five year period. The jury have listened to some very distressing accounts of what these young children suffered and had to consider each charge against the defendants. We would like to thank them for their diligence in this case.

“The sentences handed down today show how seriously child abuse offences are taken by the courts and also sends out the strong message that the courts will look to protect vulnerable victims against those who prey on them for their own sexual gratification.”

 

Background

Sentencing details

Marie Black: life imprisonment

Jason Adams: 24 years imprisonment

Michael Rogers: 24 years imprisonment

Carol Stadler, who was found guilty of actual bodily harm, was also sentenced today to six months imprisonment

40 year old man sentenced for revenge porn

A 40 year old man has been sentenced to four months imprisonment suspended for 18 months after pleading guilty to one charge relating to revenge pornography. Simon Humphrey was sentenced at St Albans Magistrates’ Court after he admitted at an earlier hearing that he had published a naked picture of the victim without her consent. A restraining order was also put in place for 18 months which means he may not contact the victim. 

In June 2015, Humphrey set the picture as his “profile picture” on Facebook intending to humiliate the victim. It was the victim’s child who first noticed the picture being used, adding further distress to the victim and her family. This was reported to the police who subsequently arrested the defendant who was charged with an offence contrary to Section 33 of the Criminal Justice and Courts Act 2015.

Ruth Bowskill, Deputy Chief Crown Prosecutor for CPS Thames and Chiltern said: 

“Seeking revenge in such a vicious and public manner is completely unacceptable. By his own admission Simon Humphrey knew the damage that his actions would cause and yet this did not stop him.

“This sort of harassment and bullying will not be tolerated and we will do everything in our power to obtain justice for victims of this crime by robustly prosecuting all those who engage in such malicious activity. 

"The CPS has introduced new guidelines for its prosecutors on revenge porn and anyone who has been a victim should report it to the police so that we can continue to bring such offenders to justice."

Additional Information 

In April 2015, the Criminal Justice and Courts Act 2015 created a new criminal offence of Revenge Pornography, making it a criminal offence to disclose private sexual photographs and films without the consent of an individual who appears in them and with the intent to cause that individual distress. A typical case of revenge pornography would involve an ex-partner uploading an intimate image of the victim to the Internet or sending it to their friends and family. It is carried out with the intention of causing distress, humiliation and embarrassment to the victim.

Previously, these cases have been prosecuted under other areas of legislation, such as the Communications Act 2003, Malicious Communications Act 1988 or the Harassment Act 1997. Under the new legislation someone convicted of an offence could face up to two years in prison and receive a fine.

 

Response to File on Four

BBC Radio 4’s File on Four is to suggest that the Crown Prosecution Service is on the “brink of collapse”.

This is nonsense and our record of delivering justice for the public speaks for itself. 

• Our overall conviction rate has been maintained at more than 80%. Last year in the Magistrates’ Court our conviction rate was 84.2%, up from 80.6% in 2004/2005. In the Crown Court, it was 79.4%, up from 75.1% in 2004/2005.
  
  More defendants are also pleading guilty which shows we are making the right decisions and building strong cases. 75.9% of our cases result in guilty pleas, up from 62.3% in 2004/2005.
  
  Like all publicly funded organisations, the CPS has played its part in reducing overall budgets. Over the last 4 years we have made savings of £338.1 million, which equates to almost 25%, comparing 2015-16 funding to 2010-11. This has been achieved while continuing to deliver justice to the public we serve, and maintaining strong performance levels.
  
  We acknowledge that there are pressures but our dedicated and highly professional staff work extremely hard to maintain this performance. This has been particularly evident in the past year when the nature of our cases has changed dramatically, with unprecedented rises in counter terrorism and sexual offences.
  
  For counter terrorism cases, our caseload has massively increased - in 2010/11, we received 298 new cases to consider (suspects/defendants). In 2014/15, the figure was 406 and if the figures for the first quarter of this year are projected to year end, we’ll see 520 new cases for 2015/16. All counter terrorism figures include cases currently going through court, appeals and pre-charge decisions.
  
  For sexual offences, last year saw the highest volumes ever of Violence against Women and Girls (VAWG) cases prosecuted (107,104) and convicted (78,773) – a real achievement. These cases now comprise a sixth of our total caseload and almost a third of all Crown Court trials, up from just over a quarter in 2012/13.
  
  Sexual offences and counter terrorism are some of the most difficult and resource intensive cases we prosecute and they do present a challenge, which is why we are recruiting additional prosecutors to maintain our high performance under this changing landscape.
   
• File on Four also claims that the numbers of cracked (prepared for trial but doesn’t go to trial – often due to a last minute guilty plea by a defendant) and ineffective trials show poor performance. Ineffective trials can occur due to a number of reasons, and these are often nothing to do with the prosecution team (police and prosecutors).
  

  In the Magistrates’ Court, the defence and the courts are responsible for a higher proportion of ineffective trials than the prosecution (6.8% defence, 5.6% courts v 4.7% prosecution) 
  
  In the Crown Court, the defence are responsible for a higher proportion of ineffective trials than the prosecution (6.1% defence v 5.3% prosecution)

  In fact, over half of all trials that are ineffective for prosecution reasons are ineffective because of witness absence. We are working hard to support victims and witnesses through the court process, but it would be unfair to suggest that every witness absence is a failing of the CPS as the matter is often beyond our control. The same applies to the significant number of trials that crack due to prosecution reasons and do so because of witness issues. 
  
  The entering of late guilty pleas is another reason that trials can crack and the results from our work to secure guilty pleas earlier in the process are clear:

  In the last financial year, we increased guilty pleas secured at the first hearing in Magistrates’ Courts by 2.8%
  
  In the Crown Courts, the number of guilty pleas secured at 1st, 2nd and 3rd hearing, before the plea hearing, is up 11%

• A number of individuals have questioned the quality of CPS decision making and the quality of staff working at the CPS. In contrast to this, Dame Elish Angiolini, who conducted an independent and detailed review of how rape cases are investigated and prosecuted in London in the year 2013/14, is better placed than many to comment on this. Her report acknowledged pressures, but praised the robustness of decision making and recognised the sound and expert reasoning of prosecutors, their mature insight and good communication with victims when explaining decisions. 
  
  The results from our Victims’ Right to Review (VRR) scheme also provide clear evidence on the quality of our decision making. In 2014/15, the CPS made 126,589 decisions which could be subject to appeal under the VRR scheme. 210 appeals were upheld, meaning just 0.17% of our cases that year were overturned.
  
  To attack the hardworking, dedicated and talented staff of the CPS is not only unfair it is ill-informed.
  
  The Crown Prosecution Service secures thousands of convictions every day across England and Wales, ensuring that offenders are brought to justice. Our lawyers now have lightweight, touch screen tablets and Wifi in court, which has transformed the way we prosecute cases. And we are leading the way on the understanding of consent in rape cases and improving the experience of victims and witnesses.
  
  We acknowledge the challenges, but the facts on our performance are clear.
  
  Alison Saunders, the Director of Public Prosecutions, said:
  
  “Our record of delivering justice for the public speaks for itself. The overall conviction rate has been maintained at more than 80% and last year we secured more convictions for sexual offences – some of the most difficult and resource intensive cases to prosecute – than any year on record. More defendants are also pleading guilty which shows we are making the right decisions and building strong cases.
  
  “That is not to say there are not pressures, but our dedicated and highly professional staff work extremely hard to maintain this performance – particularly in the past year when the nature of our cases has changed dramatically, with unprecedented rises in counter terrorism and sexual offences. This does present a challenge and that is why we are recruiting additional prosecutors to maintain our high performance under this changing landscape.”

Zack Davies given life imprisonment for racially motivated machete attack

Zack Davies has today been sentenced to life imprisonment for attempted murder after he attacked a man with a machete in a racially aggravated attack in January. He must serve a minimum of 14 years.

Davies targeted Dr Sarandev Bhambra in a supermarket in Mold, north Wales, attacking him with a machete causing deep wounds before another man, Peter Fuller, intervened to stop the attack.

Gareth Preston, Senior Crown Prosecutor for the Crown Prosecution Service Cymru-Wales, said:

“This was a vicious, racist attack upon Dr Bhambra which has left him with life changing injuries.

“When the prosecution team reviewed the evidence from a number of witness accounts and from CCTV of the incident, Zack Davies’ intention to cause extremely serious or even fatal injuries to Dr Bhambra was abundantly clear.

“It was also clear from the evidence that the heroic actions of Peter Fuller may well have prevented this horrific attack from having a fatal outcome.

“I would like to thank all those who helped the prosecution team build a strong case against Davies, especially all those who provided statements to the police or appeared as witnesses during the trial.

“Finally, we should acknowledge that whilst the criminal justice process is concluded with today’s sentencing, Dr Bhambra continues to deal with the consequences of this terrible incident. We hope that today’s sentencing will be of some assistance to him as he seeks to move forward with his life.”

Seven child sex abusers sentenced to total of 107 years

Seven men were sentenced at Bristol Crown Court today for a total of 107 years for child sexual abuse offences, including the rape of a child under the age of 13.

Robin Hollyson, Adam Toms, Christopher Knight, Matthew Lisk and David Harsley pleaded guilty to offences of sexually abusing a baby and young children. Adam Toms admitted to drugging and raping a four year old child. Robin Hollyson pleaded to the rape of a baby.

After denying conspiracy to rape or sexually assault a baby both John Denham and Matthew Stansfield were convicted in April by a jury. Denham was convicted of conspiracy to sexually assault a baby and Stansfield for conspiracy to rape a baby on two occasions.

Gregor McGill, Head of the Crown Prosecution Service Organised Crime Division, said:

“This case has exposed a horrific world that many would never have believed existed. These men had a shocking interest in sexually abusing young children, including raping a baby when only months old.

“This abuse was planned and calculated. They arranged the abuse when there was only a small amount of time to be alone with a baby or child, including when one of the men was trusted to be alone by unsuspecting parents. They would sometimes live stream the abuse via the dark web or Skype.

“Much of the evidence in this case was recovered messaging on social networking websites and tracking of phones and cars putting the men at relevant locations at particular times.

“It’s hard to find the right words to describe this profoundly disturbing abuse but I hope today’s sentence will be of some very small comfort to the families of the children and sends a clear message to abusers and others tempted to become involved in this type of criminality.”

Graham Gardner, Deputy Director of Investigations at the National Crime Agency said:
 
“Today’s sentences highlight the depravity of these men – a depth of depravity that thankfully we rarely see.
 
“These offenders demonstrated a determined ruthlessness to identify vulnerable babies and infants who were unable to protect themselves. Their callousness beggars belief.
 
“This national investigation has now moved to an international one and the NCA will continue to work with our partners, at home and abroad, to ensure those who abuse children are brought to justice”.

 

Sentencing details:

ROBIN HOLLYSON – 24 years custodial + 8 years extension = total of 32 years

ADAM TOMS – 12 years custodial + 4 years extension = total of 16 years

CHRISTOPHER KNIGHT – 18 years custodial + 6 years extension = total of 24 years

JOHN DENHAM – 8 years custodial + 4 years extension = total of 12 years

MATTHEW STANSFIELD – 10 years custodial + 4 years extension = total of 14 years

MATTHEW LISK – 4 years custodial + 3 years extension = total of 7 years

DAVID HARSLEY – 2 years

Statement in relation to Operation Kalmyk

Gregor McGill, Senior lawyer at the Crown Prosecution Service said: ”The CPS received a full file of evidence from the Metropolitan Police’s Operation Kalmyk investigation team in March 2015, after a complex investigation. Having carefully reviewed the evidence in accordance with the Code for Crown Prosecutors, the CPS has concluded that no further action can be taken against any of the suspects involved.

“In total 15 suspects were considered in relation to allegations of ‘computer hacking’ allegedly carried out between April 2005 and September 2007 against 13 potential victims – some individuals, some corporate.

“The appropriate offence under consideration was unauthorised monitoring of a computer, contrary to section 1 of the Computer Misuse Act. Any potential offending under s1 Computer Misuse Act could not be prosecuted as that offence was time barred due to the age of the allegations. In order to consider other offences we must be satisfied that any alternative offences would have been preferable had the time-bar not been a barrier to prosecution – for example that it better illustrated the alleged offending or that it allowed more suitable sentencing powers.  

“Accordingly, further consideration was given to potential charges of conspiracy to defraud, other offences under the Computer Misuse Act and also offences under the Fraud Act, Data Protection Act and Regulation of Investigatory Powers Act.

“None were considered appropriate, in particular because any charge under those Acts would have been made to circumvent the time limit which applies to the section 1 offence.  

“In one discrete matter it was determined that there was sufficient evidence to charge one suspect with an offence contrary to section 2 of the Fraud Act  - fraud by false representation - but we have determined, in accordance with the Code for Crown Prosecutors, that it would not be in the public interest to prosecute that matter due to the age of the allegation and the likelihood that it would result in a nominal penalty only if the suspect were convicted. It is therefore not in the public interest to bring this matter to court now.

“Any decision by the CPS does not imply any finding concerning guilt or criminal conduct; the CPS makes decisions only according to the test set out in the Code for Crown Prosecutors and it is applied in all decisions on whether or not to prosecute.

“Contact has been made with all relevant parties to inform them of the outcome of this case.”

 

Additional information

The CPS's function is not to decide whether a person is guilty of a criminal offence, but to make fair, independent and objective assessments about whether it is appropriate to present charges for the criminal court to consider. The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. It is not a finding of fact, which can only be made by a court, but rather an assessment of what it might be possible to prove to a court, in accordance with the Code for Crown Prosecutors, a copy of which is provided via the link below:

www.cps.gov.uk/publications/code_for_crown_prosecutors/index.html

This assessment is based on the evidence available arising out of the police investigation and not on the evidence that is likely to be gathered by the defence, and likely to be used to test the prosecution evidence. The CPS charging decision is therefore necessarily an assessment on the basis of the evidence that is available to the CPS at the time the decision is made.

CPS prosecutors must also keep every case under review, so that they take account of any change in circumstances that occurs as the case develops, including what becomes known of the defence case. If appropriate, the CPS may change the charges or stop a case.                                                                                

 

 

Angela Shafiq sentenced to 15 months imprisonment for assisting acts of terrorism

Angela Shafiq, 22, was today sentenced at the Old Bailey to 15 months imprisonment following her conviction for terror offences under s5 of the Terrorism Act 2006. At a trial in July, Ms Shafiq was found guilty of giving help and advice to Mohammed Nahin Ahmed before he left to join jihadis fighting in Syria.

Evidence at trial showed that Shafiq had advised Ahmed on renewing his passport, which he needed to do in order to travel to Syria, and also suggested ways to fool people into believing that he was travelling to Syria for humanitarian purposes. The two also discussed the possibility of Shafiq joining Ahmed in Syria.

Sue Hemming, Head of Special Crime and Counter Terrorism at the CPS, said:

“Even if you don’t leave the UK, or meet face to face with someone involved in terrorism, you can be prosecuted and properly convicted of assisting terrorism if you engage in this kind of behaviour.

“From the content of their exchanges it was clear that Shafiq knew that she was encouraging and assisting someone who was planning to go to Syria to engage in terrorist acts.

“We will continue to work to build strong cases against these individuals to ensure that terrorists and those that assist them will find no hiding place in Britain.”

Background

Angela Shafiq was found guilty of 1 count of assisting another to commit terrorist acts contrary to s5 of the Terrorism Act 2006. She was sentenced to 15 months imprisonment, a 10 year notification period upon her release and the forfeiture and destruction of her two computers.

 

Douglas Richard charged with child sexual offences

Caroline Hughes, CPS London reviewing lawyer, said:

"We have carefully considered the evidence gathered by City of London Police in relation to Douglas Richard, 57, who was arrested on 5 January this year.

“Having completed our review, we have concluded that there is sufficient evidence and it is in the public interest for Douglas Richard to be charged with three counts of sexual activity with a child and one count of causing or inciting a child to engage in sexual activity.

“The alleged offences occurred on 2 January 2015 and relate to one victim aged 13 at the time.

"The decision to prosecute has been taken in accordance with the Code for Crown Prosecutors.

"Mr Richard will appear before City of London Magistrates' Court on 5 October.

"Mr Richard is now charged with criminal offences and has the right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings."