CPS Annual Report 2005-2006 - PDF - Crown Prosecution Service

24 CHAMPIONING JUSTICE AND THE RIGHTS OF VICTIMS
On 21 October 2005, the Attorney General introduced a 10-point
Prosecutors’ Pledge that sets out the level of service that victims can
expect to receive from prosecutors. This includes considering the
impact of a crime on the victim or their family when making a charging
decision, promoting and encouraging two-way communications
between a victim and a prosecutor, and after a conviction applying for
compensation, restitution or future protection of the victim where
appropriate.The Pledge underpins the new Attorney General’s
Guidelines outlining the important role that prosecutors play in
protecting victims’ interests at key stages of the criminal justice process,
in particular in accepting pleas and at sentencing. (Further information
on sentancing is provided on page 22).
Wiltshire CCP Karen Harrold prosecuted the Daily Express and
Daily Telegraph under Section 5 of the Sexual Offences
(Amendment) Act 1992 that prohibits publication of material likely
to lead to the identification of a victim of a sexual assault. The
papers published a picture of the victim entering court before the
trial. This enabled RAF colleagues to identify her when they had
no prior knowledge of the case. The victim’s views were taken on
the acceptability of pleas in line with the Prosecutors’ Pledge and
close contact was maintained throughout the case, even though
the victim was serving in the Gulf. Karen prosecuted the case
throughout, using the victim’s personal statement and explaining
how the media coverage had affected the victim’s health, working
and personal relationships and her potential career. The court
awarded the maximum compensation possible of £15,000. After
the verdict, the victim told Karen that the trauma of the original
trial left her devastated and under huge personal strain, but the
positive action taken to address the wrong done to her by the
papers really was a light in the dark and she now felt vindicated
and ‘less of a victim’ as a result.
Karen Harrold, CCP Wiltshire Prosecutors’ Pledge
Victims’ Code
The Code of Practice for Victims of Crime (The Victims’ Code)
was launched in October 2005, as part of the Domestic Violence
Crime and Victims Act 2004, and came into full effect on 4 April
2006. The Code sets out the services victims can expect to
receive from the CJS, including notifying vulnerable or intimidated
victims within one working day and all other victims within five
working days if there is insufficient evidence to charge a defendant,
and identifying any special measures that may be appropriate. For
the first time, the Code gives the right to appeal should victims
feel that any of the agencies have not met their obligations as set
out in the Code.
Improving the Service to Vulnerable or Intimidated
Witnesses
The CPS continues to work closely with OCJR and other agencies
to implement the special measures contained in Part II of the
Youth Justice and Criminal Evidence Act 1999. Since October
2005, live links have been available for all vulnerable and
intimidated witnesses in both the Crown Court and magistrates’
courts. In 2006, the CPS intends to implement video evidence for
intimidated witnesses in some categories of crime including rape
and serious sexual assault. Six Pathfinder Areas have continued
their work on the use of intermediaries for vulnerable witnesses
and the evaluation team will report on this in 2006 before
deciding on national rollout.
The CPS has also continued its programme of Area events to
encourage the use of ‘witness profiling’ for vulnerable witnesses in
partnership with Liverpool City Council. This includes working
with Social Services to increase support, including pre-court visits,
and identifying possible special measures that a witness may need.
On 20 November 2004 a group of up to 12 men attempted to
force their way into the Premonition Nightclub in Birmingham City
Centre. Ishfaq Ahmed was shot in the back as he tried to prevent
the men entering the club and three others were shot and
wounded. Dean Smith, Carl Spencer, Jamal Parchment, Leonard
Wilkins, Michael Christie and William Carter were soon arrested
and charged with murder. CPS West Midlands lawyers John Davies
and Rachel Hammond, caseworker Angela Trotter, and legal trainee
Ian Crooks worked on the case and, with the police, ensured that
appropriate measures were taken to protect witnesses. The
witness stand was completely rebuilt to allow only the judge and
jury to see the witnesses, screens were erected to allow witnesses
to get to and from the stand without being seen, and when giving
evidence their voices were distorted. After a nine-week trial all
defendants were convicted of murder and sentenced to a
minimum of 30 years before being eligible for parole.