FREE
TO GO
A prisoner who escaped from Derby Crown Court
after leaping out of the dock during his hearing
has been allowed to walk free. Fabian Wilson ran
past a judge, barristers, security guards and
dozens of other people to make his escape through
the front doors.
Yet the Crown Prosecution Service said Wilson
could not be charged with the offence because no
witness statements had been taken and therefore
there was insufficient evidence to try him.
(Source: Derby Evening Telegraph, Jul/06) |
SHEER INCOMPETENCE
A black man was convicted of a driving offence
... despite police having video footage of a
white offender. Edmond Taylor fought a year-long
battle to clear his name but only when an
astonished judge was finally shown the CCTV
footage was he cleared on appeal.
He had been convicted of dangerous driving, the
only evidence being police reports. He was banned
from driving for a year and fined £430. Mr
Taylor said, "I attended four hearings. If
they had looked at the video once they would have
realised I was not the person they wanted. How
many times did they need to see me to know that I
was black and the man who broke the law was
white?" (Source: Mail on Sunday, Nov/06) |
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CROWN PROSECUTION SERVICE
Crown prosecutors
are dropping tens of thousands of criminal cases each
year despite having enough evidence to bring offenders to
court. Last year they halted proceedings against more
than 25,000 offenders, including thugs, vandals and
shoplifters, because it was not in the "public
interest" to continue. Officials admit the vast
majority of cases are stopped because prosecutors are
"snowed under". Stopping trials in the
"public interest" still counts as an offence
"brought to justice", helping courts hit
Government targets. A Crown Prosecution Service source
said, "If a case starts to go badly, prosecutors may
want to stop it so they can concentrate on another which
they have a better chance of winning."
The CPS dropped 25,821 cases last year on "public
interest" grounds. In each case there was enough
evidence to charge the criminal, but prosecutors later
decided a trial would not be appropriate. A CPS spokesman
said, "Inevitably there will be occasions on which a
case needs to be discontinued on public-interest grounds,
but the number of cases is small compared with our
overall caseload of over a million cases each year. There
is no direct link between cases discontinued and
pay." (Source: Daily Mail, Jan/08)
Around 1,800 defendants a year in London
charged with serious offences including robbery and
supplying heroin are set free by magistrates because the
Crown Prosecution Service is not ready to go ahead with
their committals on time. The disclosure comes in a
report from the CPS's independent inspectorate, which
concludes: "It is of major concern for the criminal
justice system and victims in particular that cases are
not being prosecuted to a proper conclusion." Cases
can be reinstated but few are, the report says.
Defendants over a three-month period had been charged
with crimes including assault, robbery, burglary, supply
and possession of hard drugs, theft and handling,
indecent assault, blackmail and deception.
The inspectors found "disturbing levels of attrition
of serious cases which were occurring through committals
being discharged when they are not ready, and cases being
dropped because of witnesses not attending court".
In other parts of the country very few committals were
discharged. Stephen Wooler, the chief inspector, said a
plan of action "must address concerns about the
handling of casework, in particular the lack of grip on
cases and the high number which fail simply because the
prosecution is not ready". The inspection of CPS
London found "serious shortcomings in casework which
were founded on weaknesses both in procedures and systems
and in management".
Many issues could only be addressed by "a
substantial development and strengthening of both senior
and middle management, accompanied by some structural
changes". The inspectors said that correspondence or
material sent by police was not linked to files, and
little was done to chase outstanding material, such as
committal files from police. In some instances there were
insufficient lawyers to send to police stations to review
files, or cover courts in which new cases appeared. In
many cases inspectors found the police were at fault for
failing to supply a committal file or supplying it too
late, or submitting a file lacking crucial evidence.
The inspectors say the numbers of discharged cases are
thought to be increasing. At the time of the inspection
earlier this year, CPS London was "in something of a
crisis". More than 50 lawyers had left and staff had
to be seconded from across the country. A large part of
the advocacy in magistrates courts was being done by
inexperienced barristers and solicitors in private
practice. The situation was exacerbated because the area
thought it had overspent its budget when it was
underspent by £1m.
Kris Venkatasami, the national convenor for the CPS
section of the FDA, the senior civil servants' union,
said: "It was chaos, absolute crisis at the time.
These are issues we've been highlighting for the last 18
months. We believe there should be a major investigation
into how the area mishandled its budget. My members are
doing their professional job but they're struggling
because of appalling managerial error." A CPS
spokeswoman said: "We accept the recommendations,
which highlight some serious problems, though the
inspectors do acknowledge the hard work of staff and good
prosecution decisions. We will be producing a
comprehensive action plan."
Steve Lord, owner of Hill Shop and Videos in
Stroud, fitted 12 CCTV cameras after losing £30,000 of
goods. He caught 300 thieves but only nine were
convicted. Despite giving police pictures of shoplifters,
Mr Lord says the Crown Prosecution Service (CPS) is
reluctant to pursue cases. A CPS spokeswoman said she
could not comment on individual cases but added,
"Where there is evidence we prosecute."
Mr Lord said, "Unfortunately the CPS deem it, in
many cases, to not be in the public interest to prosecute
these people. We upgraded the system to such a standard
that we take photo-quality digital pictures and we hand
this over to the police whenever we have got a
case."
Gloucestershire Police say they have records of 60
incidents at the store over the past four years. A police
statement said, "We have received a number of
complaints from this store in the past four years. Where
evidence exists that a theft has taken place, and the
offender is identifiable, we will always seek to make an
arrest. However, the final decision to prosecute
ultimately rests with the Crown Prosecution
Service."
District Judge Jonathan Finestein blasted a
decision to prosecute a boy of 10 before a court for
allegedly calling a friend "Paki" and called on
the police and Crown Prosecution Service to drop the
case. Mr Finestein said, "I was repeatedly called
fat at school. Does this amount to a criminal offence?
This is political correctness gone mad, it's crazy. In
the old days the headmaster would have got them both and
given them a good clouting. He would have said they had
behaved like idiots, given them the slipper or whatever
he used, and they would have gone away to shake hands.
This is how stupid the whole system is getting."
He added, "There are major crimes out there and the
police don't bother to prosecute. If you get your car
stolen it doesn't matter, but you get two kids falling
out because of racist comments, this is nonsense."
Police said, "We take all reports of crime seriously
and remain totally opposed to racism in any form."
Judith Elderkin, of the National Union of Teachers, said
the judge was "a bit out of date". She said
schools had to report racist incidents to the local
education authority. "Racist abuse is not tolerated
nowadays." The CPS would not comment. (Source: Daily Mirror, Apr/06)
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