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One man charged with misconduct in public office and no further action against a second individual for conspiracy to commit misconduct

16/12/2014

Gregor McGill, a senior lawyer at the Crown Prosecution Service, said: "The CPS has today authorised the police to charge David Hobbs, an Operations Support Grade officer working for HMP, with misconduct in public office.

"After careful consideration, it has been decided that there is sufficient evidence for a realistic prospect of conviction and that a prosecution is in the public interest. This decision was taken in accordance with the Code for Crown Prosecutors and the Director's guidelines on assessing the public interest in cases affecting the media.

"David Hobbs will appear before Westminster Magistrates' Court on 7 January 2015.

"May I remind all concerned that criminal proceedings against the defendant will now be commenced and of his 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 CPS has also decided that no further action will be taken regarding a second individual, a journalist, whose full file was passed to the CPS on 28 October 2014. After careful consideration, it has been decided that there is insufficient evidence for a realistic prospect of conviction. This decision has been made in accordance with the Code for Crown Prosecutors.

"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."

Ends

Notes to Editors

  1. 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.
  2. 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.
  3. 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.
  4. Details of the charge: David Hobbs - Misconduct in Public Office, between the 28 February 2010 and 1 April 2010.
  5. For media enquiries call the CPS Press Office on 020 3357 0906; Out of Hours Pager 07699 781 926
  6. The CPS consists of 13 Areas in total, each headed by a Chief Crown Prosecutor (CCP). In addition, there are three national casework divisions: Specialist Fraud (formerly Central Fraud and Welfare, Rural & Health Divisions), Special Crime & Counter Terrorism and Organised Crime. CPS Direct is a 'virtual' 14th Area 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.
  7. At 31 March 2014 we employed a workforce of approximately 6237 staff (full time equivalent), including around 2226 prosecutors and 3629 caseworkers and administrators. Further information can be found on our website:  www.cps.gov.uk.
  8. 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.