Playing its part in achieving the agreed PSA targets for 2008 to 2011
Asset recovery
The CPS continues to perform well on confiscation. The LCJB national targets for the number of restraint orders and the volume and value of confiscation orders were all exceeded. In total, the CPS obtained 1,463 restraint orders and 4,920 confiscation orders to a value of £144,978,209; this represents increases of 23%, 20% and 45% when compared to performance in 2007-08 (targets for 2008-09: 772 restraint orders, 4437 confiscation orders, to a total value of £109,013,000).
Despite the current economic climate, enforcement performance in respect of CPS confiscation orders has been maintained and slightly improved. More than £66 million has been confiscated, of which approximately £18.4 million was collected by CPS Areas and £18.1 million by the Central Confiscation Unit (the remainder was enforced by HMCS).
CPS Areas and lawyers from the Regional Asset Recovery Teams (RARTs) continued to build on their capacity to enforce confiscation orders made under the Proceeds of Crime Act 2002 (POCA). They have increased the amount confiscated by 35% compared to performance in 2007-08. The new Group structure has led to a Group approach to enforcement and dedicated enforcement champions. In June 2008, an enforcement training workshop was held for CPS staff from Complex Casework Units to assist this process.
Two national training conferences dealing with company law, insolvency, money laundering and the prosecutor's discretion to instigate confiscation proceedings, have been held for POCA champions.
Exchange Links programme
The trilateral Exchange Links programme, led by OCJR, provides a major contribution to the successful delivery of PSA 24, reflecting the government's aim to improve the efficiency and effectiveness of the CJS. The links enable staff at all levels to concentrate their efforts on protecting the public by ensuring effective data sharing, reducing double keying and duplication, and improving the quality of information flowing between its systems.
The programme of work to establish links between the main information systems used by police, the CPS and courts finished on 31 March 2009. Most CPS Areas now have electronic links in place that allow the police to send material from their own case management systems across to the CPS's COMPASS Case Management System. This was a significant achievement and places us in a good position to move towards using electronic case files and away from the reliance on paper files.
Counter terrorism legislation and strategy
The CPS has worked closely with colleagues at the Home Office and across the CJS to provide practitioner input into the Counter Terrorism Bill (now the Counter Terrorism Act 2008). It is essential that any such new legislation is drafted with an understanding of the practical challenges involved in prosecuting terrorism-related offences and with a view to bringing more offenders to justice; CPS involvement in this process is therefore vital.
Counter Terrorism Division, which is responsible for prosecuting all terrorism- related cases in England and Wales, and CPS Policy Directorate, shared their practitioner and policy expertise to help develop the 2008 Act. In particular, their extensive experience of working successfully with criminal justice partners in Scotland and Northern Ireland, provided valuable insight into the value of the cross-United Kingdom jurisdiction for terrorism offences.
With its partners, the CPS has a key role to play in the delivery of the government's counter terrorism strategy – which is called CONTEST – to reduce the risk the UK faces from international terrorism. The Service will continue to work closely with its partners in this vital area to ensure offenders are brought to justice.
Case Study
Car used in terror plot
The Crown Prosecution Service Counter Terrorism Division continued to enjoy high-profile successes, some of which gained extensive, positive media coverage.
In summer 2007, police and prosecutors were confronted with a terror plot which extended from London to Glasgow. On 29 June, a car packed with gas canisters, petrol and nails, parked outside the packed TigerTiger nightclub in Haymarket, London, failed to explode. A second car, similarly rigged, was found nearby in Cockspur Street.
The next day, Kafeel Ahmed, an engineer, and his passenger Bilal Abdulla (pictured below), a doctor, crashed a burning jeep into the doors of a terminal building at Glasgow Airport. Kafeel Ahmed died of his injuries shortly afterwards, having been badly burned in the attack.
Bilal Abdulla and another defendant (who would later be cleared by the jury), faced trial on charges of conspiracy to murder and conspiracy to cause explosions. Abdulla was convicted of both charges and sentenced to life imprisonment, with a minimum term of 32 years.
Jane Evans, reviewing lawyer from the CPS Counter Terrorism Division, gave the CPS's response to the verdict in the trial to the assembled media on the steps of the court.
Jane says that the plot was not aimed merely at scaring people, as Abdulla had argued during the trial: "If the cars had blown up, those nails would not only have killed people, but maimed others for life. It was extremely lucky for everyone that night that the bombs failed to go off. It is all the more shocking that one of those involved was supposed to save lives and heal the sick, not kill or endanger the lives of innocent people.
Bilal Abdulla
"Bilal Abdulla and Kafeel Ahmed were the 'action men' in this plot, buying the necessary gas canisters, petrol and mobile phones. The Crown said it was money and advice from the other defendant, Mohammed Asha, that made it possible, but after hearing all the evidence and his defence, the jury found him not guilty of both charges."
Jane added that the case involved a lot of joint working between the authorities in England and Scotland. "Not only did both police forces pool information, but the CPS Counter Terrorism Division worked closely with the police and the Scottish Crown Office and Procurator Fiscal Service to put the case together.
"As the plot involved both countries, the question of where a trial should be held was raised. We were in complete agreement about the venue, following discussions about the emerging case, and we are grateful to our Scottish colleagues who worked tirelessly with us to ensure the jury was presented with a complete and coherent picture of what happened, regardless of location. We would like to express our enormous thanks to them for this."
Anti-social behaviour legislation
During 2008-09, the CPS maintained a network of Group-led anti-social behaviour prosecutors, who have responsibility for improving our implementation of anti-social behaviour legislation. This was done by providing training, guidance and support for colleagues, and working with partner agencies such as the police and local authorities to help address anti-social behaviour issues of concern locally.
The head of the CPS Anti-social Behaviour Unit sits on the multi-agency Anti-social Behaviour Governance Board, which co-ordinates the strategic direction of anti-social behaviour work, and monitors the progress of anti-social behaviour contributions to PSAs 23, 24 and 14 (PSA 14 - Increase the number of children and young people on the path to success).
Prolific and priority offenders
During 2008-09, the CPS continued to contribute at a national and local level to help deliver the Prolific and Priority Offender (PPO) Programme throughout England and Wales.
The CPS has worked closely with colleagues in the CJS, particularly with police partners, to bring to justice those PPOs who are causing the most harm to their communities (as identified by Crime and Disorder Reduction Partnerships and Community Safety Partnerships).
Gangs and gun crime
The National Crime Reduction Board (NCRB) met five times during 2008-09 to coordinate the cross-government crime reduction approach. The Board reviewed all areas of violent and acquisitive crime, including gang involvement.
The CPS Good Practice Guide to Prosecuting Complex Gun and Gang Related Crime was published in September 2008. This built on information obtained from the various initiatives already in place and set out good practice for future prosecutions of gun and gang crime.
Case Study
Rhys Jones
The shooting of 11-year-old Rhys Jones was a crime which shocked not only Liverpool but the whole country.
Rhys, who played for The Fir Tree Boys football club, was on his way home from football practice with two friends in late August 2007. As he was crossing the Fir Tree pub car park, in Croxteth Park, Liverpool, a hooded youth riding a silver mountain bike approached. He then held out a handgun at arm's length, firing three shots. One of the bullets hit Rhys in the back. He died soon afterwards, in his mother's arms.
In December 2008, after a lengthy trial, Sean Mercer (pictured below), who was only 16 when he fired the fatal shot, was found guilty of Rhys' murder and sentenced to life imprisonment with a minimum of 22 years. Six other people were also found guilty of charges in connection with the shooting and sentenced to terms ranging from 18 months to three years.
Sean Mercer
Merseyside Crown Prosecution Service reviewing lawyer Helen Morris (pictured below with head of CCU Colin Davies), who faced the cameras to give a statement on the court steps, and gave several interviews to TV and radio before and after the verdict (including a live appearance on Channel 4 News), recalls the case: "Rhys Jones was an innocent victim of a long-running feud between two local gangs. His death shocked and saddened everyone who heard about it.
"Particularly disturbing was how young of some of the defendants were. Sean Mercer, who was 18 when he was convicted, was just 16 when he fired that gun. Some of the defendants, who helped dispose of the gun, Mercer's clothing and his bicycle, were just 15 and 16."
The shooting was caught on CCTV. The jury was shown this CCTV footage, as well as a wealth of other evidence, such as data from mobile phones, the recovery of the gun, and covert recordings of conversations about the murder involving some of the defendants and their families.
Helen Morris and Colin Davies
Helen added: "We also had the evidence of the man who had found Sean Mercer's bike abandoned within hours of the shooting. Detailed investigations by Merseyside police traced the history of this bike from its source to its delivery to Sean Mercer. DNA was recovered from the bike, revealing a possible link to Sean Mercer."
CPS Merseyside ensured that special measures were in place to help protect and reassure witnesses who would be giving evidence against the gang members, who had terrorised their neighbourhood.
The greatest tribute, says Helen, goes to Rhys' parents: "They waited more than 15 months for the verdict and showed enormous patience and trust in the CJS throughout. They sat through the evidence and displayed great dignity and fortitude. We hope they have been able to take some comfort from the verdicts."
Case Study
Colin Joyce
The conviction of 10 members of a ruthless Manchester gun gang came at the end of a six month trial.
The 10 men sold drugs and used firearms to enforce their illegal activities, which culminating in the murder of 24-year-old Ucal Chin, Tyrone Gilbert, 23, and the attempted murder of another man, Michael Gordon.
Following the remand of the 10 in custody, gun crime in Greater Manchester fell by more than 90%.
Gang leaders Colin Joyce, 29 (pictured), and Lee Amos, 33, were found guilty of murdering Mr Gilbert and the attempted murder of Mr Gordon. Joyce was also convicted of murdering Mr Chin and conspiracy to possess firearms with intent to endanger life.
Fellow gang members, Aeeron Campbell, 25, Narada Williams, 28, and Ricardo Williams, 26, were all found guilty of the murder of Tyrone Gilbert, the attempted murder of Mr Gordon and conspiracy to possess firearms with intent to endanger life. They were also convicted of conspiracy to supply Class A drugs.
The CPS lawyer responsible for the case, Rebecca Macaulay, said: "The Crown Prosecution Service wishes to thank those witnesses who came forward and gave evidence during this trial – their courage and insistence on doing the right thing is to be commended. They stood up for their communities.
Weapon seized by Greater Manchester Police
"Gun crime can be defeated when communities work together with the police and CPS."
Commenting on the special measures employed for several witnesses during the trial, Rebecca added: "There are a number of measures we can employ to protect witnesses, make them feel safe giving evidence and – in certain cases – ensure that their identity remains anonymous. The message to would-be witnesses is clear: 'come forward – we can help you'."
Aaron Alexander, 23, and Hassan Shah, 25, were convicted of conspiracy to possess firearms with intent to endanger life and conspiracy to supply Class A drugs. Ricci Moss, 21, was found guilty of conspiracy to supply Class A drugs; Kayael Wint, 20, and Tyler Joel Mullings, 18, were – alongside Narada Williams – found guilty of possession of firearms with intent to endanger life.
Hussain Gonoo, had pleaded guilty to conspiracy to possess firearms with intent to endanger life and conspiracy to supply Class A drugs at an earlier hearing.
Hate crimes monitoring and reporting strategy
From April 2008, the hate crime indicator has measured performance in prosecuting homophobic and transphobic, racist and religious and disability hate crime. Hate crime data exclude domestic violence crimes, which are now reported within the Violence Against Women indicator.
In 2008-2009, the overall hate crime target of 82% successful prosecutions was met. The racially and religiously aggravated (RARA) individual target was exceeded by 4%, demonstrating an improvement of about 1% compared to 2007-08. The homophobic and transphobic target was missed by 1.5%, but did demonstrate an improvement of about 2% over 2007-08. The disability hate crime target was missed by 5.9%, showing a decline in performance of about 1% (the individual targets for racist and religious, homophobic and transphobic, disability hate crime for 2008-09 were set at 18%). Encouragingly, the volume of disability hate crime prosecutions more than doubled. However, the volume of RARA and homophobic and transphobic prosecutions declined slightly.
Case Study
Simon Sheppard (pictured left) and Stephen Whittle (pictured right) were convicted of inciting racial hatred against Jews and other minority ethnic groups using material which the Crown Prosecution Service said crossed the line from unpleasant and obnoxious to a criminal offence.
Simon Sheppherd and Stephen Whittle
Reviewing lawyer Mari Reid, of the CPS's Counter Terrorism Division said: "People are entitled to hold racist and extreme opinions which others may find unpleasant and obnoxious. What they are not entitled to do is to publish or distribute those opinions to the public in a threatening, abusive or insulting manner, either intending to stir up racial hatred or in circumstances where it is likely racial hatred will be stirred up.
"The vast majority of the material in the case concerned Jewish people, but there was also material relating to Black, Asian and minority ethnic people generally, all described in derogatory terms using offensive language.
"As well as printed leaflets, there was evidence of Simon Sheppard controlling websites which featured racist material, some of it written by Whittle, under the pen name of Luke O'Farrell."
Simon Sheppard was found guilty of 11 offences and Stephen Whittle was found guilty of five offences in July 2008.
The investigation into Simon Sheppard began when a complaint about a leaflet called "Tales of the Holohoax" was reported to the police in 2004 after it was pushed through the door of a Synagogue in Blackpool. It was traced to a Post Office Box in Hull, registered to Simon Sheppard.
"We were determined to pursue this case as we felt that this material was at the more serious end of the scale," said Mari.
"Both juries saw some thoroughly unpleasant material which contained views which most people would find obnoxious and abhorrent. We thank them for performing their duty in this case and also those witnesses who came forward in both trials to talk about the racially-inflammatory material they received."
