According to an article in The Times (22nd Mat 2008) the shoddy state of most Crown Prosecution Service case files is highlighted in a report today which finds most are incomplete and missing data such as whether a defendant is on bail, or the outcome of a hearing.
The damning report by inspectors finds that in more than one third, or 36 per cent, of magistrates’ and crown court cases, a defendant’s bail status was not recorded on the file.
In 16 per cent of magistrates’ court files and 35 per cent of crown court files, the need for follow-up action was not recorded or highlighted as it should have been.
And in some cases, the omission led to essential action not being taken and cases having to be adjourned at the next hearing.
The report also reveals that in many cases the outcome of the court hearing was not even recorded: the results of at least one court hearing was missing from 11 per cent of magistrates’ files and 18 per cent of crown court files. In a small number of cases, cases were incorrectly finalised on the computer system which manages cases, as a result of “misleading or inaccurate endorsement of the result at court".
The audit by the Crown Prosecution Service inspectorate of the service’s performance over the keeping of its case files is based on 12 CPS areas and a total of 240 case files from both crown and magistrates’ courts’ cases.
The inspectorate says: “The audit’s main conclusion is that the majority of CPS case files are not maintained in a satisfactory manner.
“Decisions and actions taken are frequently not recorded; the lack of information and poor organisation frequently made it difficult, or impossible, for staff handling a case to ascertain what had happened previously; and it could also be difficult to locate documentation when needed.”
It says that the quality of file endorsements is “vital to all aspects of CPS work”.
“Failure to make clear and accurate endorsements on files can lead to incorrect decisions, failures to take timely actions and even to failed prosecutions.
“Should a case go to appeal or judicial review, good quality file endorsements will be imperative to understand the history of the case,” it says.
Incomplete files could also lead to poor communications with victims and failures to monitor custody time limts - resulting in defendants being detained unlawfully or being released from custody simply because the CPS had not applied for an extension to the time limit.
Historically the CPS has used paper files, but in 2004 an electronic case management system was introduced, the report says, and much of the work in CPS offices is undertaken on that system.
A CPS spokesperson said:“We welcome this report because it will help us to improve our performance. We accept the recommendations and will be taking steps across the organisation to address these issues.
“We are introducing an Optimum Business Model which is helping us to deal with processing files in the magistrates’ courts and which is reducing delays and improving our case management.
“This will be operational throughout the CPS before the end of the year.”
The Times
A Jersey care manager who sacked a UK social worker from a secure unit has been reinstated after an internal investigation.
Joe Kennedy, the residential services manager for the States of Jersey, was suspended and investigated after the sacking of Simon Bellwood who had criticised practice on the island.
Bellwood had complained about Kennedy's policy of locking children in solitary confinement - known as grand prix - at the Greenfields secure unit. He also alleged Kennedy had harrassed and bullied him.After Bellwood's employment tribunal in March, Kennedy was suspended and subjected to an internal management investigation. A separate independent investigation into the circumstances of Bellwood's dismissal is continuing.
In a statement, Jersey's health and social services department said: "Following an independent investigation and internal procedure, the employee of the health and social services department employed in residential/secure services has returned to full duties, with matters which led to the employee's suspension now resolved. As this is a personal staff matter no further comment will be made."
The Howard League for Penal Reform visited Jersey this month to review the island's secure services in the wake of Bellwood's original concerns.
The league said the grand prix system "should never have been allowed to flourish" and called on Jersey to sign up to the UN Convention on the Rights of the Child.
Ahead of the charity's final report, expected later this year, assistant director Andrew Neilson said independent child advocates should be introduced.
A separate report on Jersey's children's services by UK social work expert Andrew Williamson is expected to be published by the start of next month.
Source: Maria Ahmed writing in Community Care
An auxiliary nurse has told of his two-year ordeal after being falsely accused of sexually abusing two women patients.
Anthony Graham was arrested in 2006 after complaints were made while he worked at Manchester Royal Infirmary and he was charged with indecently touching the women.
Over the next two years, the married father-of-one maintained his innocence.
During that time, he suffered a heart attack and because he was an agency worker, he lost his job. He has told how his wife had to work seven days a week to pay their mortgage and how he lived in fear of abuse from friends and neighbours.
The case was dismissed by a crown court judge this month after the Crown Prosecution Service offered no evidence.
It emerged that both women were on medication that could have affected their claims.
Judge Michael Henshall told him: "You are a man of good character and remain so. You leave the court without a stain on your character."
"Destroyed everything"
Mr Graham, 53, said: "This has destroyed everything. The way they treated me was disgusting. As soon as someone makes allegations against you, the hospital trust takes their side and offers you no support.
"I was hung out to dry. And as for the justice system, you're guilty until proven innocent."
Mr Graham intends to sue hospital bosses over his ordeal.
Speaking from the home in Eccles he shares with wife Lorraine and son Ashley, 16, Mr Graham said he fears he may never find another job.
After the allegations were made he was suspended without pay by the agency he worked for.
He said: "I applied for jobs, but employers' security checks flagged up the allegations and they wouldn't come near me."
Central Manchester and Manchester Children's University Hospitals NHS Trust said it used `standard practice' when dealing with the allegations.
A spokesman said: "We have to ensure appropriate measures are in place and are followed to protect the safety of our staff and patients - and we do this without prejudice."
Source: Manchester Evening News
A paramedic falsely accused of digitally raping a patient in the back of an ambulance says it is "appalling" that Melbourne's Metropolitan Ambulance Service (MAS) has never supported him.
Simon Paul Howe, 33, was on Thursday acquitted by a County Court jury after being accused of digitally raping a drug-affected patient being transferred to hospital.
The alleged incident occurred in November 2006 and the MAS sacked Mr Howe in February the next year.
Following Thursday's acquittal, the MAS released a statement declaring Mr Howe would not be reinstated.
The MAS said his dismissal was because of a contract breach and was not related to the allegations.
On Friday Mr Howe, who has lodged an unfair dismissal complaint with the Australian Industrial Relations Commission (AIRC), said he was determined to get his job back.
Having always maintained his innocence, Mr Howe said after being proven not guilty, he had no idea why the MAS had not stood by him through the 18-month ordeal.
"I have absolutely no idea, I've not had a single complaint or blemish in my career, I've been highly regarded," Mr Howe told reporters in Melbourne.
"There are senior paramedics of more advanced training than I who continue to come forward and speak to me and say `if you need any reference for any degree of your professionalism please feel free to use me'.
"So I have absolutely no idea, no clue and it's just appalling that I've never once had their support."
Ambulance Employees Australia state secretary Steve McGhie said the union would support Mr Howe's unfair dismissal complaint all the way through to its conclusion and he said industrial action could be discussed in the future.
He called on Victorian Health Minister Daniel Andrews to sack MAS chief executive Greg Sassella.
A spokesman for Mr Andrews said the government would wait for the outcome of the unfair dismissal arbitration before making any comment. An MAS spokeswoman said there was no further comment.
Source: Teacher Lingo
In an effort to stop students from making false allegations against teachers, Dallas Independent School District has put a new policy in place.
Dallas public school trustees approved changes to the district's Student Code of Conduct on Thursday that will allow schools to punish students who make false allegations of wrongdoing against teachers.
Teacher representatives had lobbied for the change because the district must investigate all student allegations, which often results in placing the accused faculty member on paid administrative leave.
Teachers said the removal of faculty members during the investigations leaves colleagues suspicious and the reputations of the accused tarnished.
Under the old rules, if the accusations proved false, the teachers were returned to campus but students faced no consequences. Now, making a false allegation is on par with fighting and drug use. These acts can result in detention, removal from extracurricular activities or in-school suspension.
It is imperative for all of us to think before we speak and only report the truth. Once something is said, it's out there, and sadly, will stay in the minds of others. I've always thought it amusing when a judge tells jurors to disregard words spoken in court. Once planted, seeds can take root.
Source:
Wrongfully convicted people may not be consistently compensated by Australian jurisdictions, according to a new research paper released today from the Australian Institute of Criminology (AIC).
The paper, Compensation for Wrongful Conviction, is the latest in the AIC's Trends & issues in criminal justice series and examines the causes and effects of wrongful imprisonment, the prevalence of wrongful conviction, and the applicability of international approaches and conventions.
"There is no reliable data on the prevalence of wrongful convictions. In the United States it has been estimated that between 0.5 and five percent of prisoners have been wrongfully convicted, while in the United Kingdom it has suggested that the rate of wrongful conviction may be as high as 0.1 percent of all criminal cases," said Dr Judy Putt, General Manager of Research at the AIC. "Causes vary and may be due to such factors as false confession or eyewitness error. The impact of wrongful conviction and subsequent imprisonment can be severe, including substantial psychiatric and emotional effects."
In all Australian states and territories (except the Australian Capital Territory) individuals wrongfully convicted and imprisoned do not have a common law or statutory right to compensation. Instead, state or territory governments may choose to make an ex gratia payment either of its own accord or as a result of a request by a party for such a payment.
According to the paper, this arrangement lacks transparency and compensation payments are somewhat arbitrary in terms of when compensation will be offered and how it will be quantified. Factors that seem to influence the amount of compensation paid include duration of imprisonment or evidence of official negligence, whilst the presence of prior criminality may reduce the chance and/or size of payment.
"The research paper suggests that it would be preferable for each Australian state and territory to enact legal provision for compensation for wrongful conviction, or draft specific guidelines for the award of compensation to wrongfully convicted people," Dr Putt said. "This would bring Australia into line with human rights best practice and give some consistency and transparency to the process of awarding compensation for wrongful conviction."
Local authorities seeking 5,000 more foster carers this year
The Fostering Network, a support charity for foster carers, claims that local authorities are seeking to recruit an additional 5,000 foster carers in the next 12 months. They asked local authorities throughout the UK for their recruitment targets for this year and 86% of councils respond.
The
survey results were released to coincide with the launch of Foster Care Fortnight, running from 12 May to 25 May.
Eastern European migrants are being unfairly labelled as neighbours from hell in Edinburgh because of "ignorance and prejudice", support workers said today.
The Edinburgh Mediation Service has hit out at the number of groundless complaints it receives from Scots about Poles, and other nationalities, living on their doorstep (more)
The following article appears in the 'Appointment' - a recruiting magazine for the retail industry.
Retail employees suspected of theft, fraud or damage could soon find their details listed on a national register, available to every retail company in the UK.
The scheme, which is expected to launch by the end of the month, will give businesses the ability to check on the background and honesty of potential employees. Its organisers, Hicom, say that it will help to stop staff theft and fraud, which costs the retail industry £497 million on average each year.
However, its critics say that innocent people who are falsely accused and have not been convicted of any crime, could find it impossible to find another job.
The database will allow retailers to search for an individual by surname, forename, date of birth, NI number, address and previous employer. It will even include photographs of individuals.
Souce: The Appointment
Lord Justice Wall criticises Lib Dem MP over "abuse of position"
Lord Justice Wall has published a strongly worded judgment damning the conduct of a Liberal Democrat MP who was acting as a McKenzie Friend in the Court of Appeal.
The judgment arose from an appeal against a placement order during the course of which the MP in question, John Hemming, made allegations that that solicitor's files had been tampered with and that the expert psychologist instructed had been biased to towards the local authority.
In the judgment Wall LJ recalls an exchange with Mr Hemming in which he made the allegations that the file had been changed and says that the "feeling of incredulity" he experienced at the time of the hearing was "not diminished" by the time he came to make the judgment. He goes on to say,
"I find it not only unacceptable but shocking, that a man in Mr Hemming's position should feel able to make so serious an allegation without any evidence to support it. In my judgment, it is irresponsible and an abuse of his position. Unfortunately, as other aspects of this judgment will make clear, it is not the only part of the case in which Mr Hemming has been willing to scatter unfounded allegations of professional impropriety and malpractice without any evidence to support them."
He also refers to comments about the proceedings on the MP's website that refer to the "evil" of the arrangements for appointing expert witnesses,
"In my judgment, these comments are not only wrong and ill-informed; the simple fact remains that they have no foundation in the evidence presented either to the Nottingham County Court or to this court. That they are made publicly by Mr Hemming once again strikes me as an abuse of his position.......
(the allegation) only warrants comment because it comes from a Member of Parliament, and thus from a person in a responsible public position whom one ought to be able to trust only to make serious accusations when they are based on evidence. I am astonished that somebody in Mr. Hemming's position should have seen fit to put such a disgraceful allegation into the public domain. I reject it unreservedly."
Finally, Wall LJ comments that Mr Hemming's standing in
"his self-imposed role as a critic of the family justice system is gravely damaged, and speaking for myself I will not be persuaded to take seriously any criticism made by him in the future unless it is corroborated by reliable, independent evidence."
The MP has responded to the criticism on his blog by stressing what he thinks was the key point which was that
"the mother had never been given an opportunity to put her side of the argument ......This is a far more important issue than whether or not my contested assertions are true or not".
The full text of the judgment
John Hemming's full response on his blog
People going out in Newport [Wales] will be able to spot door staff instantly after they were issued with glow-in-the-dark armbands.
All door staff will have to display their identity card on the armbands, and will not be allowed to work if they do not have one.
The scheme was proposed by Gwent Police following concerns that the public could not always identify staff easily.
Security firms have welcomed the chance to improve the image of door staff.
The yellow armbands display Security Industry Authority identity cards, and police believe pubbers and clubbers will feel safer knowing they can approach staff who are professionally registered.
Pc Rachael Honey, licensing officer for Newport, said: "This new initiative will solve so many problems late at night in the city centre.
"Firstly, people will be able to tell the difference between door staff and customers gathered outside premises.
"The high-visibility armbands give the door workers a professional image and anyone who feels threatened on a night out will be able to approach them for help."
Asher Rashid is area manager of Pro-guard Security which supplies door staff to a number of venues in Newport including Revolution, Page and Glitterball and thinks the scheme is a good idea.
"It will hopefully change the negative image door staff have had in the past.
"Customers who feel threatened or hassled in any way can approach us by looking for the armbands, which glow both inside and outside venues.
"The armbands protect door workers against false allegations too, because they can be clearly seen by the CCTV cameras in the city centre."
Revolution's deputy manager Dave Wallbank believes the armbands promote a more professional image of door staff.
"We fully support this police scheme and we appreciate the hard work they have put in to get it going," he added.
Source: BBC
The following announcement has been made by Children & Young People Now.
In the last seven years, just one male student has graduated from the university's early childhood studies degree course - compared to 377 women.
Tim Kahn, inclusion officer at the Pre-School Learning Alliance, said more men working in childcare might help encourage more fathers to become involved in nurseries and children's centres.
Andrew Sanders, who teaches the childcare course at Derby and was formerly deputy head of a nursery, said: "As a society we need to get over this mental hurdle that the nursery is no place for a man, tackle the peer pressure, and challenge the worries over the economic security of the job.
"It is also fair to say there is a stigma for some men who feel wanting to work with children might be seen as unusual."
The research is in its early stages and has focused so far on talking to fathers and early years workers about their experiences in childcare settings.
Eight nursing home workers have been cleared of wilful neglect of a patient after the prosecution dropped the case.
Gladys Thomas, 84, died within five weeks of arriving at Bryngwyn Mountleigh nursing home in Newbridge, Caerphilly, in September 2005.
She was admitted to hospital a month later, where staff found she had fractures to her collar bone and rib.
The Crown Prosecution Service made its decision after hearing three weeks of evidence at Newport Crown Court.
One nurse, John Barry Adler, had already pleaded guilty to neglect on the basis of not administering Miss Thomas the correct medication.
The eight, who had all pleaded not guilty, are Evan Green, 35, of Fairwater, Cwmbran; John Sunday Ajewole, 53, of Newbridge; Ebeneezer Ajiwe, 48, of Abercarn; Peter John Booth, 35, of Newbridge; Tahir Hayat, 30, of Newport; Angela Johnson, 37, of Crumlin; Shibu Joseph, 32, of Newport; and Debra Richards, 45, of Bedwas.
Miss Thomas, who suffered from schizophrenia and dementia as well as chronic physical problems, died at the Royal Gwent Hospital, Newport on 27 October 2005.
As well as the fractures, she also had extensive bruising and a ligature mark around one of her forearms, the width of the lead of a plug.
Gerald Elias, prosecuting, said the Crown had weighed evidence from all sides in making its decision.
"The case originally ... was suggestive of a number of separate episodes of trauma," he told the court.
"The evidence and information now available suggests that it is possible that one episode of trauma caused the fractures and that the bruising is a direct result of the fractures, and not of additional episodes of trauma to the body.
"Further, and importantly, expert opinion cannot say when the bruising which resulted from the fractures would have become apparent as a warning sign that something was wrong internally.
"Also, the 'skin deep' nature of the bruising means that, in itself, it is unlikely to have caused Gladys Thomas any additional pain or suffering."
He said they could not realistically invite a jury to conclude there had been wilful neglect.
Mr Elias added: "It may be possible to construct cases of neglect against some of these defendants based upon the evidence which the jury has heard and we have considered the position of each defendant with care.
"We have also borne in mind our duty of fairness to the defendants and the justice of the case.
"In the result we have taken the view that the failings established, if they be such, may seriously reflect upon the inadequacies of the regime at the home but do not impact directly upon the care afforded to Gladys Thomas in the sense of reflecting the concerns which prompted the original investigation and trial of this matter."
The court had previously heard Miss Thomas had been admitted to hospital on 10 October for two days where she had showed no signs of significant external injury.
She was readmitted on 19 October suffering breathing difficulties and it was during the seven-day period between hospital visits that the prosecution had alleged the neglect had occurred.
Source: BBC
There is a very disturbing report in the Daily Mail of a family who were wrongly accused of abusing their children.
..... For an interminable 11 months, Jodie and Luke were removed from their home because their parents faced accusations from doctors of the most hideous crime imaginable: sexually molesting their own daughter.
They were permitted to visit their children only under strict supervision, for just three hours a week. All letters which they sent to Jodie and Luke were vetted by social workers - making them feel like criminals.
What's more, they were cruelly ordered not to say "I love you" to either boy or girl. Throughout this ordeal, the couple always protested their innocence and were relieved beyond belief. When Mr Justice Holman cleared them of any wrongdoing. He ordered the children's return, insisting that his ruling be made public so lessons are learned by doctors, social workers and lawyers working in the child protection service.
In a landmark judgment, he warned that even two decades after the infamous Cleveland child abuse scandal, parents are still being wrongly accused of molesting their sons and daughters.
Read the Daily Mail story here
Read Court Judgement here
A 20-year-old woman has been issued with a fixed penalty notice after making a false allegation of rape.
Police have confirmed that the allegation of rape made by the woman, who lives on Wellington Street, Ipswich, has been withdrawn.
The incident was alleged to have happened at about 10.15pm on Monday April 28 in an alleyway on Bramford Lane, Ipswich.
The woman reported it to police on Friday May 2.
An investigation revealed a number of inconsistencies in her account and on challenging the woman she admitted the allegation was false and no attack had taken place.
She was issued with a fixed penalty notice for wasting police time.
Detective Inspector Alan Seaman who led the investigation said: “As a result of a robust investigation I am satisfied that no criminal activity took place. We have a duty to investigate allegations of crimes and had to be 100% sure that no offence had occurred. I do not want to discourage genuine reports of this kind, as early notification is essential in maximising the potential to secure evidence.”
Source EADT
Two Strathclyde Police officers face losing their careers after being fined at Hamilton Sheriff Court for making up charges against two students. Neil Jones and Andrew MacRobert were convicted of falsely accusing the men for breach of the peace.
It all started in Bothwell a couple of years ago. The officers claimed law student Wiliam Reid and his friend Callum McCaig had been shouting and swearing in the town's main street after a night out. They were charged with breach of the peace. However, afterwards, one of the accused launched a complaint and a sheriff agreed that the charges had been made up.
Thirty-five-year-old Neil Jones and 28-year-old Andrew MacRobert worked for the Hamilton Division, but were suspended two years ago. They continue to deny bringing false charges against the 22-year-olds. In court today, their defence lawyers asked for leniency.
Sentencing the pair, Sheriff Rae Small said the fact they were young promising officers made this case all the more unfortunate. He said the harm which this has done to the Strathclyde Force is immeasurable. However, he did not believe a custodial sentence was in the interests of the public and instead gave them both a fine.
Jones was fined £2,000, while MacRobert was told to pay £1,250. Those who have worked with the falsely accused law student say todays result is a triumph.
Solicitor Nicholas Scullion said: "It's very unusual for people to go against what the police have said especially when it's two against one. The message this sends out is when something happens like this, when you're accused falsely of doing something by the police, you should report it. You should follow it up. He was under a lot of pressure to drop this case, but he didn't and he pursued it and ultimatly he's been found to be correct. I think it sends out a very positive message."
A date for a disciplinary hearing will be set over the next two weeks where the officers fates will be decided. But it is almost certain they will be soon looking for new careers.
Source: STV News
A girl who sparked a huge police investigation by falsely crying rape has been cautioned by police.
The teenager told police that she had been raped in Wimbledon Park, Southsea, on August 20 last year.
She claimed she had been attacked by a group of foreign men.
Police launched a major inquiry into her claims and questioned several people but no-one was ever charged with the offence.
Now the girl, who was 14 at the time, has been questioned further by detectives and has admitted she made the whole thing up.
Police have given the girl a final warning caution for making a false allegation of rape.
Detective Inspector Ray Hallet from Portsmouth CID said: 'We have now written to everyone who was involved in the investigation to let them know the outcome and thanked them for their help.
'I would like to assure people we deal with all allegations of rape very seriously.
'We will also deal robustly with any false allegations.'
Source: Portsmouth News
May Edition of SAFARI
Posted by News Editor
Friday, May 09, 2008
The May edition of SAFARI has been published
In this issue:
-
Government responds to SAFARI petition;
-
Lorraine Allen wins the right to appeal a decision by the government not to award her compensation for a miscarriage of justice;
-
Zoe Weston admits three counts of attempting to pervert the course of justice after falsely claiming that she had been raped;
-
Carol Beasley admits wasting police time by making a false allegation that she had been raped;
-
Kayliegh Andrews admits wasting police time by making a false allegation that she had been sexually assaulted;
-
Cleveland Kennedy plans to take out a private prosecution against a 14 year old schoolgirl after she falsely claimed he raped her as she walked home from school; and more!
The skull fragment found in the Haut de la Garenne children's home has always been the most important piece of evidence in the investigation. But some of the facts given to the press about it by the police were untrue.
Richard Webster conducts his own inquiry (here) during which he speaks to the scientist who carried out the carbon dating of the fragment.
The GMC has admitted that it should not have banned David Southall from working as a doctor because it wrongly applied its new rules retrospectively according to the BBC but he remains barred from undertaking any child protection work. He faces a further disciplinary hearing in Manchester from 12th May in relation to breathing tank experiments.