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DPP invites Defence to appeal convictions of Ratcliffe on Soar protestors

18/04/2011

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.

" 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."

Ends

Notes to Editors

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