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Decision to Charge

Once the Police have completed their investigations, they will refer the case to the Crown Prosecution Service for advice on how to proceed. We will then make a decision on whether a suspect should be charged, and what that charge should be.

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CPS decision on suspected fraud investigated by Northamptonshire Police

25/03/2014

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."

Ends

Notes to Editors

  1. For media enquiries call the CPS Press Office on 020 3357 0906; Out of Hours Pager 07699 781 926
  2. The CPS consists of 13 Areas in total, each headed by a Chief Crown Prosecutor (CCP). In addition, there are four national casework divisions: Central Fraud, Welfare Rural & Health, Special Crime & Counter Terrorism and Organised Crime. A 'virtual' 14th Area is CPS Direct which provides charging decisions to all police forces and other investigators across England and Wales - it operates twenty-four hours, seven days a week, 365 days a year.
  3. At 31 March 2013 we employed a workforce of approximately 6840 staff (full time equivalent), including around 2350 prosecutors and 4110 caseworkers and administrators. Further information can be found on our website:  www.cps.gov.uk.
  4. The CPS, together with ACPO and media representatives, has developed a Protocol for the release of prosecution material to the media. This sets out the type of prosecution material that will normally be released, or considered for release, together with the factors we will take into account when considering requests. Read the Protocol for the release of prosecution material to the media.