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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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Home » News Centre » Press Releases » CPS decides no prosecutions after re-review of evidence in Porton Down

CPS decides no prosecutions after re-review of evidence in Porton Down

12/06/2006

The Crown Prosecution Service has decided after a re-review of evidence that there should be no prosecutions of scientists over allegations made about experiments carried out on human volunteers from 1939 to 1989, at Porton Down, Wiltshire.

The re-review was carried out after an inquest into the death of Ronald Maddison found he was unlawfully killed. Aircraftman Mr Maddison died at Porton Down in May 1953 after volunteering to take part in tests.

Kate Leonard, Senior Crown Prosecutor who reviewed the Porton Down files, said: "I have decided there is still insufficient evidence available to prosecute any person with a criminal offence over the testing which was carried out.

"When I made the original decision not to prosecute in July 2003 there was one case outstanding where I was awaiting further evidence from the police. The final information in that case was received in November 2004.

"I decided not to make a decision in that case until I had considered the evidence from the inquest. Having done that, my decision is there is insufficient evidence in relation to that case as well.

"In reaching these decisions I considered the evidence from the inquest into Mr Maddison's death to see whether it had any impact on my previous decision. I also looked at recent cases which have been before the courts since 2003 which have clarified the legal issue of consent."

In September 1999, Wiltshire Constabulary started an investigation into allegations made by veterans of the then Human Volunteer Observer Scheme conducted at Porton Down. Starting in September 2001, a sample number of files, relating to 66 volunteers, was given to the CPS. Files continued to be submitted throughout 2002 and 2003.

When the CPS announced its decision not to prosecute these cases, it gave an undertaking that the cases would be reconsidered in the light of the evidence presented during the inquest into Mr Maddison's death.

Ms Leonard said: "It was considered proper in light of the age and, in some cases, failing health of the potential suspects, to reach a decision in 2003 as to whether the evidence then available provided any realistic prospect of conviction despite the forthcoming inquest."

  1. The original decision not to prosecute was announced in a CPS press release dated July 8 2003 and can be found on this website - CPS advises no charges over Porton Down.
  2. There were 11 suspects altogether contained in nine advice files which related to 66 volunteers. During the course of the investigation two suspects died, leaving nine suspects.
  3. The inquest into the death of Ronald Maddison took place over 64 days. It started on May 5 2004 and ended on November 15 2004 when the jury returned a verdict of unlawful killing. The jury did not sit every day during that period.
  4. The CPS has never considered a file in relation to Mr Maddison's death as there were no living suspects.
  5. The Ministry of Defence pursued a judicial review application of the inquest decision before the High Court. That hearing was abandoned following an agreement reached between the parties on February 13 2006.
  6. For further information contact CPS Press Office on 020 7796 8180.