CPS News Brief

Paul Flowers charged with drug possession

Clare Stevens, from CPS Yorkshire and Humberside’s Complex Casework Unit, said:

“We have carefully considered a file of evidence gathered by West Yorkshire Police in relation to alleged criminal offences committed by Paul Flowers in Bradford in November 2013.

“Following a review of the evidence, I have concluded that there is sufficient evidence and it is in the public interest to charge Paul Flowers with possession of Class A and Class C drugs relating to an incident on 9 November 2013.

“In addition, there is sufficient evidence to show that another individual offered to supply a variety of drugs in connection with this incident. I have concluded that Gavin Woroniuk should be charged with four offences of offering to supply a controlled drug as well as one count of possessing criminal property.

“The decision to prosecute was taken in accordance with the Code for Crown Prosecutors. We have determined that there is sufficient evidence for a realistic prospect of conviction and that a prosecution is required in the public interest.

“Paul Flowers and Gavin Woroniuk will appear at Leeds Magistrates’ Court on 7 May 2014.

“Proceedings are now active and both defendants have the right to a fair trial. It is very important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.”

Notes to editors

The authorised charges are:

Paul Flowers

• Possession of a Class A drug, namely cocaine
• Possession of a Class A drug, namely methamphetamine
• Possession of a Class C drug, namely ketamine

Gavin Woroniuk

• Offer to supply a Class A drug, namely cocaine
• Offer to supply a Class A drug, namely methamphetamine
• Offer to supply a Class B drug, namely cannabis
• Offer to supply a Class C drug, namely ketamine
• Possession of criminal property, contrary to Section 329 of the Proceeds of Crime Act 2002

Sir Norman Bettison and alleged theft/handling of platinum

Review of Derbyshire Police charging recommendation, conducted on behalf of South Yorkshire Police

An investigation was undertaken by Derbyshire Police in 2013, at the request of South Yorkshire Police (SYP), into the alleged theft and handling of a quantity of platinum by Sir Norman Bettison in 1987. This has been widely publicised. Derbyshire Police recommended to SYP in July 2013 that no further action be taken and subsequently SYP asked the Crown Prosecution Service to confirm this recommendation was correct.

We have completed a fresh review of the evidence and decided that there is insufficient evidence to prosecute. An essential legal element of the alleged offences is that the prosecution must be able to prove that the goods in question were in fact stolen. There was insufficient evidence to establish this and as such a prosecution for theft or handling stolen goods is not possible. Should any further evidence come to light we will, of course, consider it.

This decision was taken in accordance with the Code for Crown Prosecutors.

CPS statement following acquittal of Nigel Evans

The complainants in this case provided clear accounts of the alleged offending and it was right that all of the evidence was put before a jury. That evidence could only be fully explored during a trial and the jury has decided, after hearing all of the evidence, that the prosecution has not proved its case beyond reasonable doubt. We respect this decision.

Two charged with conspiracy to commit misconduct in public office and conspiracy to commit forgery

Gregor McGill, a senior lawyer at the Crown Prosecution Service, said:

“The CPS has today authorised the Metropolitan Police to charge both Kenneth Hall and Karen Hall, who are husband and wife, with one count of conspiracy to commit misconduct in public office and two counts of conspiracy to commit forgery.

“Both individuals will appear before Westminster Magistrates’ Court on 8 May 2014.

“The CPS has decided that it is not in the public interest to prosecute one other individual for conspiracy to commit misconduct in public office. They have been informed they face no further action.

“May I remind all concerned that criminal proceedings against Kenneth and Karen Hall will now be commenced and that both 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.”

 

The full charges will be:

(1) Kenneth HALL and Karen HALL nee SCATES, between the 29 June 2002 and the 6 October 2004, conspired together and with others, to commit misconduct in  public office,

Contrary to section 1(1) Criminal Law Act 1977.

 

(2) Kenneth HALL and Karen HALL nee SCATES, between the 6 October 2004 and 6 July 2006 conspired together, to commit forgery contrary to section 1 of the Forgery and Counterfeiting Act 1981, by making false instruments, namely documents purporting to be official Broadmoor hospital records, intending to induce News Group Newspapers Limited and others, to accept them as genuine, and do some act to their own or any other person’s prejudice,

Contrary to section 1(1) Criminal Law Act 1977.

 

(3) Kenneth HALL and Karen HALL nee SCATES, between the 6 October 2004 and 6 July 2006 conspired together, to commit forgery contrary to section 1 of the Forgery and Counterfeiting Act 1981, by making false instruments, namely documents purporting to be official Broadmoor hospital records, intending to induce Mirror Group Newspapers and others, to accept them as genuine, and do some act to their own or any other person’s prejudice,

Contrary to section 1(1) Criminal Law Act 1977.

Diplomatic Protection Group officer charged under Obscene Publications Act

Jenny Hopkins, Deputy Chief Crown Prosecutor for CPS London, said:

“We have been asked to review a file of evidence submitted by the Metropolitan Police Service’s Department of Professional Standards concerning alleged offences under the Obscene Publications Act.

“Following a review of the evidence, we have concluded that James Addison, a police constable in the Diplomatic Protection Group, should be charged with 11 offences. It is alleged that between 17 February 2013 and 6 June 2013, PC Addison distributed moving images via his mobile telephone, contrary to section 2(1) of the Obscene Publications Act 1959.

“The decision to prosecute was taken in accordance with the Code for Crown Prosecutors. We have determined that there is sufficient evidence for a realistic prospect of conviction and that a prosecution is required in the public interest.

“PC Addison will appear at Westminster Magistrates’ Court on 23 April 2014.

“May I remind all concerned that PC Addison has a right to a fair trial. It is very 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 me to comment further."

Two prisoners sentenced for threatening to kill prison officer

Feroz Khan and Fuad Awale were today sentenced at the Old Bailey for making threats to kill against a prison officer at HMP Full Sutton on 26 May 2013. Feroz Khan was also sentenced for one count of grievous bodily harm (section 20, Offences Against the Person Act) against the officer and was jailed for a total of six years. Fuad Awale was also jailed for six years. Both sentences will run consecutively to sentences currently being served.

Mari Reid, from the Crown Prosecution Service Counter Terrorism Division, said:

“The incident at HMP Full Sutton in May last year was carried out in the wake of the savage murder of Fusilier Lee Rigby.

“Feroz Khan was the instigator and leading figure of this threatening duo. As individuals, they had been jailed as dangerous murderers and working together they were shown to be brazen operators who made a number of demands including the immediate release of Abu Qatada and Roshonara Choudhry.

“The prisoner officer was subjected to a terrifying ordeal and was struck so hard that his right cheek bone was fractured. Today’s convictions show our determination to protect prison officers from such violence and bring the full force of the law against perpetrators.”

DPP puts victims at the heart of new standards for all prosecutors

The Director of Public Prosecutions, Alison Saunders, has today set new standards for the work of prosecutors, publishing what she expects of those prosecuting crime for the CPS. The new Casework Quality Standards apply to all cases prosecuted by the CPS and specifically address what victims can expect from those who prosecute on their behalf.

The CPS prosecutes over 800,000 criminal cases a year and the Casework Quality Standards set out the benchmarks of quality expected by the DPP in every major aspect of CPS work.

The four new standards also place greater emphasis on the quality of casework bringing them up-to-date for the CPS in 2014 and replacing the previous 12 Core Quality Standards. The new standards are:

• Victims, witnesses and communities;
• Legal decision-making;
• Casework preparation; and
• Presentation in court.

The standards take effect from today, 7 April 2014, and the public has been urged to have their say during the public consultation period which runs for the next three months. In addition to this, separate quality standards in respect of Complaints Handling and Community Engagement will be published soon.

Announcing the new standards today, DPP Alison Saunders said:

“The work we do delivering justice for the public we serve is a vital part of a functioning democracy and the public should know what to expect from us, particularly when it comes to the quality of our casework and our work with victims.

“The best service we can give victims is to prosecute their cases professionally while keeping them informed and supporting them through the sometimes difficult process of a trial. That is why, alongside decision-making, case preparation and presentation in court, I have identified victims, witnesses and communities as one of the four focus areas.

“The public depends on us to make the right decisions when we prosecute and I urge them to respond to this consultation because these are measures against which they can hold us to account.”

Notes to editors:

The public consultation on the new casework standards has been published on the CPS website and can be found here: http://www.cps.gov.uk/consultations /CQS_consultation_index.html

Dr Majeed Ridha charged over supply of abortion drug

Baljit Ubhey, CPS London Chief Crown Prosecutor, said:

"The Crown Prosecution Service has today authorised the Metropolitan Police Service to charge Dr Majeed Ridha with allegedly encouraging or assisting either (i) the administration of a drug called Misoprostol with intent to procure a miscarriage or (ii) the supply of a drug called Misoprostol for the purpose of procuring a miscarriage. This charge relates to an investigation by The Sunday Times newspaper involving an undercover journalist conducted in September 2012.

“Dr Ridha faces a charge of encouraging or assisting an offence, contrary to section 46 of the Serious Crime Act 2007. He is alleged to have encouraged an offence under either section 58 or section 59 of the Offences Against the Person Act 1861.

"This decision to prosecute was taken in accordance with the Code for Crown Prosecutors. We have determined that there is sufficient evidence for a realistic prospect of conviction and that a prosecution is in the public interest.

"Dr Ridha will appear before Westminster Magistrates' Court on 10 April 2014.

“We have also decided that no further action should be taken in relation to a pharmacist who was also connected with the same investigation by The Sunday Times newspaper, as we determined that there was insufficient evidence for a realistic prospect of conviction.

“May I remind all concerned that Dr Ridha has a right to a fair trial. It is very 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 me to comment further."

Background

Under s46 of the Serious Crime Act, the prosecution can allege that a defendant encouraged one or more offences. Our duty is to select the most appropriate offence. Parliament allows this form of charging where encouragement of assistance might relate to one or more offence.

Peter Ball (Former Bishop of Gloucester and Lewes) – Charging decision

The Crown Prosecution Service has reviewed the evidence gathered by Sussex Police during its investigation into allegations of abuse by Peter Ball, formerly the Bishop of Gloucester and Bishop of Lewes. Mr Ball, 82, will be prosecuted for misconduct in public office and indecent assault.

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

“After a thorough and careful review, I have decided that Peter Ball should be prosecuted for misconduct in public office and two indecent assaults. It is alleged that he sexually abused a number of young males between 1977 and 1992. The misconduct alleged is that he misused his position and authority to manipulate and prevail upon others for his own sexual gratification. During this time Mr Ball was serving as a Bishop in the Church of England.

“In accordance with the Code for Crown Prosecutors, there is sufficient evidence for a realistic prospect of conviction and it is in the public interest to prosecute. Criminal proceedings are now underway and the defendant has 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.”

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

Mr Ball will appear at Brighton Magistrates’ Court on 10 April 2014.

Soldier charged with explosives and terrorism offences

Jane Stansfield, of the Crown Prosecution Service Counter Terrorism Division, said:

“Following an investigation by police of the North West Counter Terrorism Command, we have today authorised charges against Ryan Adam McGee, a serving Rifleman with 5th Battalion the Rifles at the time of his arrest.

“It is alleged that between 31 May 2012 and 29 November 2013, Ryan Adam McGee had possession of a document or record for terrorist purposes, namely a copy of the “Anarchist Cookbook”.

He has been charged with one offence contrary to 58(1)(b) of the Terrorism Act 2000. It is also alleged that Ryan Adam McGee, between September 1 and 30 2013 made an improvised explosive and has therefore also been charged with one offence contrary to section 4 of the Explosive Substances Act 1883.

"This decision to prosecute was taken in accordance with the Code for Crown Prosecutors. We have determined that there is sufficient evidence for a realistic prospect of conviction and that a prosecution is in the public interest.

"Ryan Adam McGee will appear before Westminster Magistrates' Court on 2 April 2014.

“May I remind all concerned that Ryan Adam McGee has a right to a fair trial. It is very 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 me to comment further."

CPS decision - Suspected fraud investigated by Northamptonshire Police

Malcolm McHaffie, Deputy Head of the CPS Special Crime Division, said:

“The CPS received a file of evidence from Northamptonshire Police in relation to a 54-year-old woman and her 61-year-old husband on 13 November 2013. Having carefully considered all of the available evidence, in accordance with the Code for Crown Prosecutors, we have decided there is insufficient evidence to charge any criminal offence.

“We were asked to consider whether there was a case for fraud by abuse of position and theft by disposal of assets belonging to the woman’s mother. We were also asked to consider whether there was a case of fraud by false representation to Northamptonshire Council in relation to the mother’s assets.

“The evidence showed: firstly that the woman’s mother considered the suspects’ conduct to be acceptable; secondly that the suspects acted openly in declaring the sale of the mother’s house to the Council; thirdly that no element of dishonesty could be proved. Therefore we have advised the police to take no further action.

“We understand there is ongoing civil litigation. For the avoidance of doubt our advice to police relates solely to possible criminal action.”

Derbyshire priest sentenced for historic child abuse

A former priest from Derbyshire has been sentenced to 15 years in jail for over twenty sexual offences against young people, dating back over several decades.

The offences were described by Deputy Chief Crown Prosecutor Janine Smith as ‘a betrayal of trust that devastated the lives of his victims’.

Francis Paul Cullen pleaded guilty to offences including indecent assault on a male, indecency with a child and attempted buggery, all relating to attacks he carried out on seven people aged between seven and 15-years-old between 1957 and 1991.

As a parish priest in Derbyshire, and later in Nottingham, Cullen preyed on children and young people, using his position as a parish priest to gain unsupervised access to his child victims and commit acts of sexual abuse on them.

He was arrested in 1991, but fled while on bail. He was discovered in Tenerife and in 2013 he was arrested on a European Arrest Warrant to face charges against three of his victims.

As a result of this news, four other victims came forward to report crimes he had committed against them.

Janine Smith, Deputy Chief Crown Prosecutor at CPS East Midlands, said:

“As a Catholic priest, Francis Paul Cullen was a trusted member of his community and held in high regard by his parishioners. Yet right from the very start of his ministry, he was abusing children – boys and girls – in his pastoral care. This was a betrayal of trust that devastated the lives of his victims, affecting many of them well into their adult years.

“Bringing Francis Cullen to justice has been a complex matter, with separate approaches to overseas jurisdictions as the case progressed. When preparing the case for trial, it was important to ensure the court could hear the full account of his criminality and a lot of hard work went into making this possible. His guilty pleas a week before the trial meant that his crimes can be dealt with without his victims having to go through the ordeal of describing what happened to them in court.

“This case very clearly demonstrates that no matter how long ago sexual abuse was committed, victims can see justice done. Perpetrators of these offences have nowhere to hide.”

Two charged over the traceability of horsemeat

Sue Patten, Head of Fraud at the Crown Prosecution Service, said:

"Following a joint investigation by the Food Standards Agency, Dyfed Powys Police and Calderdale Council, criminal proceedings have been instituted against two individuals for failing to comply with the traceability requirements of horses slaughtered at and sold from premises in Todmorden, West Yorkshire.

"It is alleged that Peter Boddy, owner of a West Yorkshire slaughterhouse and game dealer, and David Moss, the manager of the slaughterhouse, failed to comply with traceability requirements for horses slaughtered at their premises, contrary to regulation 4 of the General Food Regulations 2004. They are charged with two counts of this offence between 1 July 2012 and 12 February 2013. In addition, David Moss is charged with one count of forgery relating to an allegedly falsified invoice for the sale of horse meat. This offence is contrary to s.1 of the Forgery and Counterfeiting Act 1981.

"The decision to prosecute was taken in accordance with the Code for Crown Prosecutors. It has been determined that there is a realistic prospect of conviction and that a prosecution is in the public interest.

"The case was heard administratively this morning but none of the defendants attended court. All individuals will appear before Westminster Magistrates' Court on 14 April 2014.

"May I remind all concerned that these individuals have a right to a fair trial. It is very 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 me to comment further."

Background

• Regulations applied to the food industry indicate that a product should have traceability from the field of the farm the animal grazed on right through to when it arrives on the plate of the final consumer. The traceability principles indicate that at each stage of the process the Food Business Operator should be able to provide details of its movement i.e. where the animal came from and to whom it was supplied.

• The Crown Prosecution Service continues to liaise with the City of London Police on a separate fraud investigation. We await final materials before being able to make a charging decision.

• It is not alleged that this horse meat was being sold as another meat.

Two charged over the mislabelling of goat meat

Sue Patten, Head of Fraud at the Crown Prosecution Service, said:

“Following a joint investigation by the Food Standards Agency, Dyfed Powys Police and Ceredigion Council, criminal proceedings have been instituted against two individuals and a company in relation to the alleged mislabelling of goat meat products intended for sale.

"It is alleged that on or about 12 February 2013, Dafydd Raw-Rees, the owner and Food Business Operator of Farmbox Meats Limited in Aberystwyth and Colin Patterson, the company representative, mislabelled goat meat as either lamb or mutton for the purposes of sale. They are to be charged with 19 offences contrary to s.15(1) of the Food Safety Act 1990 and one offence of failing to comply with traceability requirements of meat sold by the company, contrary to regulation 4 of the General Food Regulations 2004.

"This decision to prosecute was taken in accordance with the Code for Crown Prosecutors. It has been determined that there is a realistic prospect of conviction and that a prosecution is in the public interest.

"The case was heard administratively this morning but none of the defendants attended court. All individuals will appear before Westminster Magistrates' Court on 14 April 2014.

"May I remind all concerned that these individuals have a right to a fair trial. It is very 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 me to comment further."

Background

• Regulations applied to the food industry indicate that a product should have traceability from the field of the farm the animal grazed on right through to when it arrives on the plate of the final consumer. The traceability principles indicate that at each stage of the process the Food Business Operator should be able to provide details of its movement i.e. where the animal came from and to whom it was supplied.

• The Crown Prosecution Service continues to liaise with the City of London Police on a separate fraud investigation. We await final materials before being able to make a charging decision.

CPS announces first prosecutions for female genital mutilation

The Director of Public Prosecutions has today announced the first ever prosecutions under the Female Genital Mutilation Act.

Alison Saunders, Director of Public Prosecutions, said:

“The CPS was asked to consider evidence in relation to this allegation of female genital mutilation (FGM) by the Metropolitan Police Service. It was alleged that following a patient giving birth in November 2012, a doctor at the Whittington Hospital, in London, repaired FGM that had previously been performed on the patient, allegedly carrying out FGM himself.

“Having carefully considered all the available evidence, I have determined there is sufficient evidence and it would be in the public interest to prosecute Dr Dhanuson Dharmasena for an offence contrary to S1 (1) of the Female Genital Mutilation Act (2003).

“I have also determined that Hasan Mohamed should face one charge of intentionally encouraging an offence of FGM, contrary to section 44(1) of the Serious Crime Act (2007), and a second charge of aiding, abetting, counselling or procuring Dr Dharmasena to commit an offence contrary to S1 (1) of the Female Genital Mutilation Act (2003).

“These decisions were taken in accordance with the Code for Crown Prosecutors.

“Dr Dharmasena and Hasan Mohamed will appear at Westminster Magistrates’ Court on 15 April.

“May I remind all those concerned that these individuals have a right to a fair trial and it is very important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.”

This was the first time this case was considered by the CPS. We have also reached a decision in one other new case and in relation to three of the four cases being re-reviewed by the CPS, following previous decisions to take no further action.

After careful consideration of all the available evidence and other potential further lines of inquiry, we have determined there is insufficient evidence to demonstrate a realistic prospect of conviction and that no further action should be taken in relation to these four cases.

1)      New case

This new potential case of FGM was referred to CPS London by police in December 2013. It was alleged that whilst abroad two parents had arranged for their daughter to be subjected to a type of female genital mutilation involving a small pinprick.

The potential victim was medically examined and there was no physical evidence that any procedure had been performed, this is not unusual when the alleged FGM is of the type described.

Neither the suspects nor the potential victim were UK nationals or permanent UK residents at the time of the alleged offence and, as a result, the suspects could not be prosecuted under the FGM Act for an act committed abroad. There is no evidence to suggest any offence has been committed in the UK.

We have determined there is insufficient evidence to charge the suspects with any other offences and that no further action should be taken in this case.

2)      Re-review

This case was re-reviewed after it was first investigated in February 2012, following which the police decided no further action should be taken.

It was alleged that the suspect contacted an FGM helpline after misunderstanding its purpose and instead rang the advertised number to request the circumcision of his two daughters.

In order to prosecute an individual for commissioning an offence under the FGM Act, the prosecution must be able to demonstrate that they have committed an act that goes further than simply preparing to commit the offence.

As a result of this case being re-reviewed, further investigative enquiries were undertaken to establish whether any additional evidence might be available to demonstrate this to the criminal standard.

No additional evidence came to light and we have determined that no further action should be taken, as there remains insufficient evidence to demonstrate a realistic prospect of conviction.

We are unable to provide further detail on the other two re-reviewed cases at this time.

Background

• Female Genital Mutilation (FGM) has been a specific criminal offence in England and Wales since 1985 when the Prohibition of Female Circumcision Act 1985 (“the 1985 Act”) was passed.

• The Female Genital Mutilation Act 2003 (“the 2003 Act”) repealed and replaced the 1985 Act in England, Wales and Northern Ireland. It also made it an offence for UK nationals or permanent UK residents to carry out FGM abroad, or to aid, abet, counsel or procure the carrying out of FGM abroad, even in countries where the practice is legal. The maximum penalty was also increased from 5 years to 14 years imprisonment.

• Under section 1(1) of the Female Genital Mutilation Act (2003) a person is guilty of an offence if he excises, infibulates or otherwise mutilates the whole or any part of a girl’s labia majora, labia minora or clitoris.

• As of 21 March, the CPS is considering four cases of alleged FGM, one of which is a re-review of a case that was previously been considered and a decision was made that no further action should be taken. We have also had preliminary discussions with police in relation to their investigations into two further cases, which are currently at an early stage.

• CPS submitted written evidence to the Home Affairs Select Committee on FGM in February. This written submission is available here.