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Special Crime and Counter Terrorism Division

Welcome from the Head of Division

Susan Hemming - Head of the Counter Terrorism and Special Crime DivisionI 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.

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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.

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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.

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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.

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Press releases related to Appeals

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

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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

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Case Updates

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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

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List of publications relating to the work of Extradition

CPS guidance on extradition - NB: this guidance is currently being updated and will be published as soon as possible

European Framework Decision on Extradition (PDF document, approx 159kb - opens in new window)

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List of publications relating to the work of Special Crime

Bribery and misconduct

Joint guidance on bribery

CPS guidance on bribery and corruption – pre-Bribery Act

CPS guidance on misconduct in a public office

Offences needing the consent of the Director of Public Prosecutions and/or the Attorney General to prosecute

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

Memorandum of understanding on co-operation between the Office of the Prosecutor General of the Russian Federation and the Crown Prosecution Service of England and Wales

HMCPSI's report on the work of the Special Crime Division

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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.

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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:

  1. Appeals
  2. Counter Terrorism
  3. Extradition and
  4. 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)

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)

  1. 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.
  2. 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.

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