CPS welcomes report on Jubilee Line case

27/06/2006

The CPS has welcomed the report into the review of the Jubilee Line case published today by HM CPS Inspectorate. It has accepted all the recommendations which relate to itself and indeed has already put in place many of the measures recommended.

CPS Chief Executive Richard Foster said: "This case was from a different era. The CPS is now a very different organisation. We were already making the key changes before the review started, driving through a new culture of vigour and accountability across the Service. This is transforming our entire approach to prosecution."

The CPS has already set up a new fraud unit which will harness the skills and experience of specialist fraud prosecutors, and has appointed David Kirk, a top private sector lawyer, as its head.

Mr Foster said: "David Kirk is one of the most respected fraud lawyers in the country and will be a great asset to the Service.

"In addition to establishing the new unit and appointing Mr Kirk, the CPS has already set up a Case Management Panel, led by the Director of Public Prosecutions, who now oversees personally the most complex cases. One of the first cases considered by this panel was the Morecambe Bay Cocklers case. The conviction of three defendants in relation to the deaths of 21 cocklers, in a highly complex and sensitive case involving 150 prosecution witnesses, is an excellent example of our new approach.

"We have also restructured the former Casework Directorate which dealt with this case, establishing three new specialist divisions to deal with cases involving terrorism, organized crime and special crime. These consist of teams of prosecutors with the expertise and knowledge to handle the most complex, specialist and serious cases.

"I am confident that these measures are transforming the way in which the CPS handles major fraud cases, and other complex cases."

The Attorney General, Lord Goldsmith QC, asked the Inspectorate to undertake the review in March 2005, following the discharge of the jury in the case of R v Rayment & Others. The Inspectorate was asked to look at the role of the prosecution and recommend any steps that could be taken to prevent the situation happening again.

David Kirk - Biographical note

David Kirk comes to the CPS from the London law firm Simons Muirhead and Burton, where he has been Managing Partner.

Mr Kirk was called to the Bar in 1974, and joined the office of the Director of Public Prosecutions in 1976. He prosecuted serious criminal cases there for 10 years, including, for five years, fraud. From 1985 he was seconded to the Attorney General's office, advising the Law Officers on a range of criminal matters.

In 1988 he left the Civil Service when he was recruited by City law firm, Stephenson Harwood, to set up the City's first specialist fraud and regulation unit. He acted for the defence in major fraud trials and regulatory proceedings, and carried out investigations for corporations and other bodies. He moved to Simons Muirhead & Burton in 1994 to head up their fraud department. He continued to act for and advise individuals, corporations, regulators and government departments on fraud and other criminal matters. The cases he undertook included many Serious Fraud Office, Inland Revenue and Customs & Excise prosecutions, regulatory and disciplinary cases brought by financial regulators and professional bodies, and fraud related civil litigation. Many cases had international dimensions.

He regularly lectures and broadcasts, and is the co-author of "Serious Fraud - Investigation and Trial" (Butterworths, third edition 2003).

Mr Kirk is married, with three sons, and lives in London.

Notes to Editors

1. The trial, R v Rayment & Others, dealt with an alleged fraud over contracts for the construction of London's Jubilee Line extension project. The prosecution arose from allegations that the defendants conspired to defraud London Underground by gaining access to confidential insider information, which was used against London Underground Limited's interests during the course of its dealings with tenderers and contractors on the Jubilee Line extension project. The information was relevant to the award of contracts worth tens of millions of pounds and also two substantial claims for additional monies under contracts awarded in connection with the Jubilee Line extension project. The allegations also concerned corrupting public officials entrusted with safeguarding London Underground Limited's interests.
2. The trial judge at the Central Criminal Court discharged the jury, on 22 March 2005, ending the proceedings, after the prosecuting counsel advised that that there had been such delays and interruptions to the case that a fair trial was now impossible.
3. On 22 March, the Attorney General announced to the House of Lords that he had asked Her Majesty's Chief Inspector of CPS, Stephen Wooler, to undertake an independent review of the case.
4. The terms of reference were:

   The Chief Inspector of HMCPSI is directed, in accordance with Section 2(1)(b) of the Crown Prosecution Inspectorate Act 2000:

   • to review the circumstances surrounding the prosecution commonly known as the Jubilee Line case;
   • to ascertain the factors leading to the decision to terminate;
   • to consider what steps the prosecution could have taken to avoid that outcome; and
   • to make recommendations aimed at preventing this happening again.
5. Media enquiries to CPS Press Office on 020 7796 8106 or 020 7710 6091.