Special Crime and Counter Terrorism Division
Welcome from the Head of Division
I am Sue Hemming, the Head of the Special Crime and Counter Terrorism Division and I would like to welcome you to our webpage.
This division was set up on 4 April 2011 and merges the formerly separate Special Crime and Counter Terrorism Divisions. The new division will continue the work of promoting excellence and will increase the resilience and efficiency in these very important and high profile areas of our work.
The division is divided into four operational units, each headed by a Deputy Head of Division: Appeals - Deputy, Angela Deal; Counter Terrorism - Deputy, Deb Walsh; Extradition - Deputy, Nick Vamos; and Special Crime - Deputy, Malcolm McHaffie.
We are seen as a centre of excellence and a place where lawyers and paralegal staff aspire to work, which is renowned for the quality of its prosecution advice. We are keen that all our lawyers are publicly accountable for the prosecuting decisions they make and encourage them to explain their decisions publicly.
Due to the high profile nature of the cases dealt with by the division, its lawyers have regular contact with the Director of Public Prosecutions (DPP), Keir Starmer QC, to update him on their work.
Because of the nature of many of the cases that we deal with we understand that there is considerable public interest in how cases are handled and through these pages and our public documents we aim to share information and provide transparency and accountability.
All of our prosecutors have spent many years working as criminal lawyers to ensure they have the necessary experience and expertise to deal with the demands of the casework.
Introduction to the Appeals Unit
The Appeals Unit was established in June 2010 to provide a specialist service to the three most senior appellate courts in England and Wales - the Court of Appeal, the Administrative Court and the Supreme Court.
The unit:
- conducts judicial reviews and case stated appeals in the Administrative Court in which the CPS is named as party, including judicial reviews of decisions made by local CPS Areas to prosecute or not to prosecute a case
- conducts of the majority of appeals against conviction and sentence in the Court of Appeal, and
- supports the Attorney General's Office in the administration of Unduly Lenient Sentence appeals.
The cases dealt with before the Court of Appeal, the Administrative Court and the Supreme Court involve the practice of specialist civil as well as criminal law and procedure. They are often of high public profile or sensitivity and their outcomes frequently have an impact upon the development of case law and the wider criminal justice system as well as on the lives of the individuals directly involved.
In addition to conducting the full range of appellate court cases, the unit provides a central point of contact for the courts and other criminal justice agencies on appellate court matters concerning the CPS. It also takes a proactive approach towards identifying cases with national legal or policy implications in order to help develop and clarify criminal case law.
The unit has worked on a number of complex and challenging cases including the Criminal Cases Review Commission referral of Kenneth Noye's conviction to the Court of Appeal, cases related to the question of assisted suicide and the Assange extradition appeal to the Supreme Court.
Introduction to Counter Terrorism
The Counter Terrorism Division was set up primarily to deal with prosecuting terrorism cases which had been rapidly increasing in terms of size and complexity over the previous few years.
Terrorism still makes up the majority of our work but, as similar skills are required to handle such work, we also deal with all allegations of:
- incitement to racial and religious hatred
- stirring up hatred based on sexual orientation
- war crimes and crimes against humanity
- official secrets cases and
- piracy and hijacking.
Cases against those suspected of terrorism are dealt with in the same way as any other criminal case. All decisions are made in accordance with the Code for Crown Prosecutors and a prosecutor needs to have sufficient evidence to afford a realistic prospect of a conviction before he or she can go on to consider the public interest.
More information about us can be found in the HMCPSI Report published on 16 April 2009 (link opens in a new window). Following publication of the report, we were awarded the Attorney General's award for Excellence and in 2010 we were awarded a Special Achievement Award by the International Association of Prosecutors.
Introduction to the Extradition Unit
The Extradition Unit is based in London. It deals with all proceedings in Westminster Magistrates' Court or the High Court arising from requests by other countries for the return of persons currently resident in England and Wales to stand trial or serve sentences abroad (so-called "export" jurisdiction).
If the request comes from a member of the European Union or from Gibraltar ("category 1 territories") it is dealt with under the simplified European Arrest Warrant (EAW) system. Requests from non-EU countries ("category 2 territories") are made in accordance with the relevant bilateral or multilateral extradition agreement. In all export extradition cases, Extradition Unit prosecutors represent the requesting government, in accordance with the DPP's statutory extradition functions.
In addition, the Extradition Unit deals on behalf of CPS Areas with requests to non-EAW countries for "import" extradition (i.e. requests for the return of persons living in category 2 territories to be prosecuted or to serve sentences in England and Wales). Central Casework Divisions deal with all their own import requests.
Introduction to Special Crime
Special Crime has offices in York and London from which the lawyers advise on and, where appropriate, prosecute some of the most sensitive and demanding cases across the country. They provide advice to investigating bodies such as the police, the Health and Safety Executive (HSE) and the Independent Police Complaints Commission (IPCC).
The casework includes:
- deaths in custody
- assisted suicides and euthanasia
- serious allegations against police officers
- corporate manslaughter including disasters
- gross negligence medical manslaughter
- serious public corruption
- election offences
- cases involving high profile individuals such as MPs
- CPS and Serious and Organised Crime Agency (SOCA) employees and
- leaks by public officials to journalists
Cases should be referred to Special Crime when certain criteria are met. These are set out below, under 'Referral Criteria'.
The needs of victims and witnesses are a priority for us and it is now our practice, in appropriate cases, to invite victims or their families to meetings so we can update them on the progress of their cases and, once a decision is made, to explain its basis and answer any questions they may have.
Press releases related to Appeals
Date
Outline
06/07/2011
Extension of Victim Focus Scheme to Court of Appeal cases
26/01/2011
CPS opens specialist appeals unit
Press releases related to Counter Terrorism
Date
Outline
01/10/2012
DPP refuses consent to private prosecution of Babar Ahmad and Syed Ahsan for terrorism offences
18/09/2012
Umran Javed sentenced for possession of terrorist material
01/08/2012
Brothers sentenced for fundraising for acts of terrorism
16/04/2012
Convicted terrorist to help authorities - joint CPS and MPS statement
09/02/2012
CPS statement on sentencing of nine men for terrorist offences
20/01/2012
Three men convicted in first prosecution for stirring up hatred on grounds of sexual orientation
29/07/2011
CPS statement on Bilal Ahmad
09/03/2011
CPS statement following the conviction of Terence Brown
28/02/2011
Airline worker found guilty of terrorism offences
28/01/2011
Five men charged in first prosecution for stirring up hatred on the grounds of sexual orientation
26/12/2010
Nine charged with conspiracy to cause explosions in the UK
15/11/2010
Conviction for uploading racist videos to YouTube
08/07/2010
CPS Counter Terrorism Division wins top international award
08/07/2010
Eastern Eye article - We prosecute terrorists no matter what their background or beliefs
30/06/2010
Three men linked to liquid bomb plot guilty of conspiracy to murder
25/06/2010
Michael Heaton and Trevor Hannington convicted
14/05/2010
Far right extremist father and son convicted of terrorism offences
05/03/2010
Wife of "aircraft bomb" plotter acquitted of failure to disclose husband's plans
17/02/2010
Teenager admits incitement to racial hatred over YouTube videos
15/01/2010
Terence Gavan sentenced for explosives, firearms and terrorism offences
Press releases related to Special Crime
Date
Outline
29/10/2012
Former Met police detective jailed for misconduct
05/10/2012
Builder jailed for manslaughter of 3 year old Meg Burgess
27/09/2012
Prison officers sentenced following death in custody
06/09/2012
CPS authorises prosecution of Kent police officers for misconduct in public office following death in custody
26/07/2012
Two PCs to face charge of racially aggravated public order offence
20/07/2012
Austin & McLean and Esso to be charged in relation to the death of Juan Antonio Quintanilla Romero
17/07/2012
CPS decision on death of Jimmy Mubenga
03/07/2012
Second ever conviction for corporate manslaughter
25/05/2012
Former Met police specialist detective faces 13 charges of misconduct over rape and sexual offences investigations
07/03/2012
CPS statement on death of PC Ian Terry
03/02/2012
Statement by Director of Public Prosecutions, Keir Starmer QC, on the case of Mr C Huhne and Ms V Pryce
01/11/2012
CPS statement on cricket match fixing trial
05/08/2011
Company director to face manslaughter charge for death of Meg Burgess
01/07/2011
CPS decision to charge Lion Steel Ltd in second corporate manslaughter case
24/05/2011
Ian Tomlinson: Final Decision
05/04/2011
Letter from the Director of Public Prosecutions to John Whittingdale MP, Chair of the Culture, Media and Sport Committee, April 1, 2011
21/03/2011
Prosecution of Philip Woolas not in public interest
15/02/2011
Geotechnical Holdings: first corporate manslaughter prosecution
04/02/2011
Three Pakistan cricketers and agent face corruption and cheating charges
22/12/2010
CPS decides no charges can be brought against members of Enfield Crime Squad
24/11/2010
Doctor faces charge over death in police cell
14/09/2010
Ray Gosling admits wasting police time over TV confession
16/07/2010
Lord Taylor of Warwick faces six charges of false accounting
25/06/2010
No charges following death of Raymond Cutkelvin
24/05/2010
Assisted suicide charge not in the public interest
19/03/2010
No charges following deaths of Sir Edward and Lady Downes
05/02/2010
Statement on parliamentary expenses charging decisions
02/02/2010
CPS decides no charges following the death of Jane Hodge
Case Updates
List of publications relating to the work of the Appeals Unit
CPS Guidance on Attorney General's Reference on a Point of Law under Section 36
CPS Guidance on Judicial Review of Prosecutorial Decisions
CPS Guidance on Prosecution Rights of Appeal
CPS Guidance on Appeals to the Administrative Court
CPS Guidance on Appeals to the Court of Appeal
CPS Guidance on Appeals to the Supreme Court
CPS Guidance on Appeals - Criminal Cases Review Commission
CPS Guidance on Unduly Lenient Sentences
CPS Guidance on Unduly Lenient Sentences - Instructions and Template for Prosecution Advocates
Witness Care Officers' Toolkit: Information To Victims Of Crime About Sentencing And Appeals
List of publications relating to the work of Extradition
European Framework Decision on Extradition (PDF document, approx 159kb - opens in new window)
List of publications relating to the work of Special Crime
Bribery and misconduct
CPS guidance on bribery and corruption – pre-Bribery Act
CPS guidance on misconduct in a public office
Homicide and Accident Investigation
CPS guidance on prosecuting cases of homicide and manslaughter
CPS guidance on prosecuting cases of corporate manslaughter
CPS guidance on corporate prosecutions
CPS guidance on work related deaths
Health and Safety Executive protocol on work-related deaths (Opens in a new window)
CPS guidance on heroic acts by police officers and firefighters
Association of Chief Police Officers, Crown Prosecution Service, and Nursing and Midwifery Council joint agreement on NHS staff and patient safety (Opens in a new window)
CPS guidance on deaths in custody
Other Guidance
Joint guidance issued by the CPS and the Independent Police Complaints Commission
Memorandum of Understanding agreed between the CPS and the Independent Police Complaints Commission
CPS guidance on allegations against serving police officers
CPS guidance on assisted suicide
CPS guidance on prosecuting cases of stirring up hatred on the grounds of sexual orientation
CPS guidance on Direct Communication with Victims
CPS guidance on election offences
CPS guidance on encouraging crime
Protocol between the CPS and the Independent Police Complaints Commission
HMCPSI's report on the work of the Special Crime Division
Public documents on Counter Terrorism cases
We understand that there is considerable public interest in how terrorism related cases are handled and we believe that it is right to share as much information as possible with our communities. For that reason we have created three public documents (the links to which are below) and we hope through this web page to be able to provide further information in the future.
The summary of terrorism related cases gives information about recent terrorism cases prosecuted by us.
Successful war crimes prosecutions since 2001 gives details of successfully concluded war crimes prosecutions since 2001.
The Violent Extremism (VE) document is a more general document about how VE cases are handled.
The War Crimes Referral Gateway sets out how the police and the CPS deal with war crimes and crimes against humanity.
Criteria for referral of cases to Special Crime
Special Crime within the Special Crime and Counter Terrorism Division
Within SC&CTD there are four parts:
- Appeals
- Counter Terrorism
- Extradition and
- Special Crime.
Special Crime deals with the serious, sensitive and complex casework (that does not fall to be dealt with under Counter Terrorism, Organised Crime or Central Fraud), which for compelling reasons need to be undertaken at the centre rather that in the Areas.
A list of the types of case dealt with by the SCD may be found below (Annex A). In addition, the types of criminal allegations against persons serving with the police that fall to be considered by the SCCTD may be found below in Annex B.
As a general rule the SC&CTD office that deals with the case will be determined by the location of the investigating police force.
Annex A: Special Crime Prosecutions (Types of Crime)
- Disasters
- Corporate Manslaughter
- Medical Manslaughter
- Deaths in Custody
- High Profile People (constitutional/political/CPS implications)
- Serious Public Corruption (Except SOCA-run investigations. See Annex B below) (Fraud-type cases will be taken by Central Fraud Division)
- IPCC investigations in accordance with the Joint IPCC-CPS guidance. (IPCC independent investigations or managed investigations only)
- Election Offences
- Assisted suicide and euthanasia
- CPS employee cases
- SOCA employee cases
- Leaks by public officials to journalists, in accordance with the Guidelines on Assessing the Public Interest in Cases Affecting the Media (Principal Legal Advisor must be notified) and
- All private prosecution cases referred to the CPS for possible intervention.
Annex B: Allocation and handling of criminal allegations against persons serving with the police
Categories of cases to be referred to CPS Special Crime and Counter Terrorism Division (SC&CTD)
- Allegations against persons serving with the police at any rank of seriously corrupt activity. For these purposes, allegations are likely to include one or more of the following:
- Systematic and organised attempts to pervert the course of justice or other conduct likely to seriously harm the administration of justice, in particular the Criminal Justice System
- Undue payments or other benefits or favours received in connection with the performance of duties, where a Magistrates' Court would be likely to decline jurisdiction
- Corrupt controller/handler/source relationships
- Provision of confidential information in return for payment, or other benefits or favours, where the conduct goes beyond a possible prosecution for an offence under Section 55 of the Data Protection Act 1998
- Extraction and/or supply of seized controlled drugs, firearms or other illegal material, e.g. drugs proceeds, counterfeit currency etc
- Attempt or conspiracies to do any of the above.
- Allegations concerning death(s) in police custody or following police contact. This definition includes the deaths of persons who have been arrested or otherwise detained by the police. It also includes deaths occurring whilst a person is being arrested or taken into detention. The death may have taken place on police, private or medical premises. Also included are circumstances where the person dies during or after some form of contact with the police which did not amount to detention and there is a link between that contact and the death. Finally, it includes fatal shooting incidents in which police fire the fatal shots.
