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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, merging the formerly separate Special Crime and Counter Terrorism Divisions. The new division continues the work of promoting excellence, increasing the resilience and efficiency in these very important and high profile areas of our work.

The division is divided into three operational units, each headed by a Deputy Head of Division: Appeals and Review - Deputy, Angela Deal; Counter Terrorism - Deputy, Deb Walsh; and Special Crime - Deputy, Nick Vamos.

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), Alison Saunders, to update her 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. 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 and Review 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 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.

Victims' Right to Review

In 2013 the remit of the Appeals Unit was expanded to include responsibility for the centralised, formal review stage of the Victims' Right to Review (VRR) Scheme. Consequently, the unit was renamed the Appeals and Review Unit (ARU).

The VRR Scheme gives victims of crime and bereaved families a clear mechanism through which they can obtain a full reconsideration of certain decisions not to proceed with their case. The ARU is responsible for conducting these independent reviews in VRR cases where local resolution has not been possible.

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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.

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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
  • serious criminal allegations against police officers
  • corporate manslaughter
  • gross negligence medical manslaughter
  • election offences
  • cases involving high profile individuals such as MPs
  • criminal allegations against CPS and National Crime Agency (NCA) 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 Counter Terrorism

Date

Outline

16/09/2016

Mohammed Syeedy convicted of the murder of Jalal Uddin

06/09/2016

Anjem Choudary and Mohammed Rahman jailed for supporting terrorism

16/08/2016

Anjem Choudary and Mohammed Rahman convicted of inviting support for Daesh

01/04/2016

Two men convicted of planning to travel to Syria to fight

23/03/2016

Four men convicted in relation to plot to murder servicemen

29/12/2015

Husband and wife found guilty of planning a major terrorist attack in London

22/12/2015

Man sentenced to six years for preparation of acts of terror following radicalisation online

15/12/2015

Man sentenced to four and a half years' imprisonment following conviction for terrorism offences

13/11/2015

Yahya Rashid convicted of preparation of acts of terror after planning to join ISIS

27/10/2015

Man sentenced after invoice for $28m of ammunition was found on his mobile phone

21/10/2015

Two brothers convicted of aiding terrorists after retrial

02/10/2015

15 year old jailed for part in international terror plot

08/09/2015

Angela Shafiq sentenced to 15 months' imprisonment for assisting acts of terrorism

29/07/2015

Anjem Choudary and Mohammed Rahman charged for inviting support of ISIL

29/07/2015

Mohammed Ammer Ali found guilty of trying to buy ricin

21/07/2015

Uncle and nephew charged over attempt to join ISIL in Syria - nephew charged over plot on US military

21/05/2015

Man guilty of Iraq bombings

23/04/2015

14 year old charged in connection with Australia terrorism plot

16/04/2015

Three men charged with Syria-related terrorism offences

06/02/2015

Brustholm Ziamani jailed over plot to behead British soldier

06/02/2015

Briton jailed for terrorist activity in Syria

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Press releases related to Special Crime

Date

Outline

16/08/2016

Failed company and its manager convicted of corporate and gross negligence manslaughter

09/08/2016

Six found guilty of corruption in relation to Royal Household contracts

05/08/2016

CPS Statement: Operation Lydd Victims' Right to Review decision

09/06/2016

Crown Prosecution Service statement: Operation Lydd

11/05/2016

Company charged with corporate manslaughter after the death of two employees

26/04/2016

Statements from the CPS, IPCC and Operation Resolve following Hillsborough inquests verdict

08/02/2016

Sentencing for first corporate manslaughter conviction relating to a care home

22/12/2015

Crane Hire Company is sentenced for Corporate Manslaughter

07/12/2015

Company sentenced for corporate manslaughter after six year old girl dies

04/11/2015

Two Leicester Royal Infirmary medical staff found guilty of manslaughter following the death of six year old boy

30/09/2015

Lord Hanningfield charged with false accounting

29/09/2015

Mazher Mahmood and Alan Smith charged with conspiring to pervert the course of justice

24/07/2015

CAV Aerospace Ltd. convicted of corporate manslaughter

14/07/2015

Company and its senior management sentenced following death of 16 year old apprentice

08/07/2015

Officer to be charged with perjury following death of Sean Rigg

29/06/2015

Greville Janner to be prosecuted for child sexual offences

19/06/2015

Andrew Stocker found guilty of gross negligence manslaughter following death of employees on an apple farm

29/05/2015

Decision in relation to the death of Olaseni Lewis

25/03/2015

Pyranha Mouldings Ltd sentenced for corporate manslaughter following death of an employee in manufacturing oven

11/02/2015

No further action to be taken against PCC Ron Hogg

Further archived news releases about the work of Special Crime and other parts of the CPS can be found in the Archived News section of the CPS website.

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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

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

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List of publications relating to the work of Special Crime

Bribery and misconduct

Joint guidance on bribery

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 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

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 election offences

Protocol between the CPS and the Independent Police Complaints Commission

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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 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

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 SC&CTD 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 (by medical professionals)
  • Deaths in Custody
  • Allegations against police officers concerning deaths following police contact
  • High Profile People (constitutional/political/CPS implications)
  • Allegations against police officers of seriously corrupt activity (Except SOCA-run investigations). See also Annex B below. Note fraud-type cases will be taken by Central Fraud Group.
  • Independent Police Complaints Commission (IPCC) cases - only those where the IPCC are investigating independently or are "managing" the police investigation. (Note: This does not include cases "supervised" by the IPCC or referred to police by IPCC for local investigation unless any of the other listed criteria in this section applies.)
  • Election Offences
  • Assisted suicide
  • CPS employee cases except cases relating to minor uncontested motoring offences
  • SOCA employee cases except cases relating to minor uncontested motoring offences
  • The disclosure of confidential information 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)
  • All private prosecution cases referred to the CPS for possible intervention (the DCCP for the relevant Area or Central Casework Division remains the decision maker - SCD has a quality assurance role only), and
  • Cases alleging a contravention of section 7 of the Health and Safety at Work Act 1974 by a police officer or fire fighter who has carried out a heroic act.

Annex B: 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.

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