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Decision to Charge

Once the Police have completed their investigations, they will refer the case to the Crown Prosecution Service for advice on how to proceed. We will then make a decision on whether a suspect should be charged, and what that charge should be.

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No further action to be taken against PCC Ron Hogg

11/02/2015

CPS decision in relation to IPCC referral in respect of Ron Hogg in connection with two bonus payments made to him while he was deputy Chief Constable of Cleveland Police and in relation to a car that was passed to him when he retired.

Until 2008 Ron Hogg was employed as Deputy Chief Constable of Cleveland Police on contractual terms that allowed for the payment of bonuses. There is no evidence that he requested bonuses. His performance was assessed by the Chief Constable as being very good. The Chief Constable recommended the bonuses to Mr Hogg and a number of other individuals on the grounds of excellent performance. These were approved by the Police Authority at the time and recipients were informed of their awards at routine meetings.

The evidence in this case indicates that when Mr Hogg retired the Cleveland Police Authority Leadership Panel agreed that he could keep his company car as part of his leaving arrangements. The Panel had taken advice from a barrister who stated that a decision to allow Mr Hogg to keep his vehicle was "not only fair but in accordance with the spirit of the guidance".

In 2012 Mr Hogg was elected as the Police and Crime Commissioner for Durham.

In September 2013 the Durham Police and Crime Panel referred these matters to the IPCC, who have conducted an investigation.

On 30 January 2015 the CPS was asked by the IPCC to consider the criminal offence of misconduct in public office. This offence requires proof that a public officer, acting as such and without reasonable excuse or justification, wilfully neglects to perform his duty and/or wilfully misconducts himself to such a degree as to amount to an abuse of the public's trust in the office holder.

The matter has been considered by a Specialist Prosecutor within the CPS Special Crime Division who for the sake of completeness also considered the Fraud Act.

Having considered the evidence in accordance with the Code for Crown Prosecutors we have concluded that there is insufficient evidence to show that any crime has been committed and we have advised that no further action be taken.

Any decision by the CPS does not imply any finding concerning guilt or criminal conduct; the CPS makes decisions only according to the test set out in the Code for Crown Prosecutors and it is applied in all decisions on whether or not to prosecute.

Ends

Notes to Editors

  1. The CPS's function is not to decide whether a person is guilty of a criminal offence, but to make fair, independent and objective assessments about whether it is appropriate to present charges for the criminal court to consider. The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. It is not a finding of fact, which can only be made by a court, but rather an assessment of what it might be possible to prove to a court, in accordance with the Code for Crown Prosecutors, a copy of which is provided via this link: ww.cps.gov.uk/publications/code_for_crown_prosecutors/index.html
  2. This assessment is based on the evidence available arising out of the police investigation and not on the evidence that is likely to be gathered by the defence, and likely to be used to test the prosecution evidence. The CPS charging decision is therefore necessarily an assessment on the basis of the evidence that is available to the CPS at the time the decision is made.
  3. CPS prosecutors must also keep every case under review, so that they take account of any change in circumstances that occurs as the case develops, including what becomes known of the defence case. If appropriate, the CPS may change the charges or stop a case.
  4. For media enquiries call the CPS Press Office on 020 3357 0906; Out of Hours Pager 07699 781 926
  5. The CPS consists of 13 Areas in total, each headed by a Chief Crown Prosecutor (CCP). In addition, there are three national casework divisions: Specialist Fraud (formerly Central Fraud and Welfare, Rural & Health Divisions), Special Crime & Counter Terrorism and Organised Crime. CPS Direct is a 'virtual' 14th Area which provides charging decisions to all police forces and other investigators across England and Wales - it operates twenty-four hours, seven days a week, 365 days a year.
  6. At 31 March 2014 we employed a workforce of approximately 6237 staff (full time equivalent), including around 2226 prosecutors and 3629 caseworkers and administrators. Further information can be found on our website:  www.cps.gov.uk.
  7. The CPS, together with ACPO and media representatives, has developed a Protocol for the release of prosecution material to the media. This sets out the type of prosecution material that will normally be released, or considered for release, together with the factors we will take into account when considering requests. Read the Protocol for the release of prosecution material to the media.