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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.

Find out more about private prosecutions

Sexual Offences

The Sexual Offences Act 2003 updated the law, much of which dated back to 1956.

The main provisions of the Act include the following:

  • Rape is widened to include oral penetration
  • Significant changes to the issue of consent
  • Specific offences relating to children under 13, 16 and 18
  • Offences to protect vulnerable persons with a mental disorder
  • Other miscellaneous offences
  • Strengthening the notification requirements and providing new civil preventative orders

Find out more about how we prosecute sexual offences

Operation Yewtree - CPS decides David Smith should be charged with five offences

03/04/2013

Alison Saunders, Chief Crown Prosecutor for CPS London said: "The CPS has carefully considered the evidence gathered as part of Operation Yewtree in relation to David Smith, who was employed as a driver at the time of the allegations. The CPS received a file of evidence on 21 December 2012. Further enquiries were necessary and the result of those enquiries was received by the CPS on 18th March.

"We have concluded, in accordance with the Code for Crown Prosecutors, that there is sufficient evidence for a realistic prospect of conviction, and that it is in the public interest for David Smith to be charged with five offences.
They are:

  • Indecent assault on a boy under the age of 14 years (01/06/1984 - 21/07/1984)
  • Indecent assault on a boy under the age of 14 years (01/06/1984 - 21/07/1984)
  • Gross indecency with a boy under the age of fourteen years of age (01/06/1984 - 21/07/1984)
  • Gross indecency with a boy under the age of fourteen years of age (01/06/1984 - 21/07/1984)
  • Male person committing buggery with a boy under 16 years of age (01/07/1984 - 21/07/1984)

David Smith will appear at Wesminister Magistrates Court on 8 May 2013.

"David Smith has been charged with criminal offences and has a right to a fair trial. It is very important that nothing is said, or reported, which could prejudice that trial. For these reasons it would be inappropriate for me to comment further."

Background information:

To allow journalists to track progress, it may be helpful to know that until this point the CPS has described the file relating to David Smith in the following terms:  "On 21 December 2012 the CPS received a full file of evidence from police in relation to a man in his 60s from London arrested on 10 December 2012 in relation to possible offences of a sexual nature"

Ends