Ratcliffe-on-Soar Power Station

Lord Garnier Excerpts

Wednesday 13th July 2011 Written Statements

[The Solicitor-General (Mr Edward Garnier)]

On 18 April 2011, Keir Starmer QC, the Director of Public Prosecutions, announced that following a review by Clare Montgomery QC, the safety of the convictions of the individuals who protested at Ratcliffe-on-Soar power station, should be considered by the Court of Appeal as soon as possible.

During that review, the CPS had been conducting an internal investigation into its own handling of the case. However, in light of growing concerns about the non-disclosure of material relating to the activities of an undercover police officer in this case and, following discussion with the Attorney-General and myself, the DPP said last month that he would establish an independent inquiry conducted by a senior legal figure. The DPP has now confirmed that retired Court of Appeal judge. Sir Christopher Rose will conduct this inquiry.

The terms of reference have been agreed with Sir Christopher and are as follows:

The independent inquiry will examine and make findings in respect of the following matters:

a. Whether the CPS approach to charging in this case was right, bearing in mind the known existence of an undercover police officer in the operation.

b. Whether the CPS and prosecution counsel complied with their disclosure duties properly in relation to the known existence of an undercover police officer in this case.

c. Whether the CPS arrangements in place for handling the known existence of an undercover police officer, including arrangements between the police and the CPS, the CPS and counsel and the local prosecuting team and the national co-ordinator, were adequate and properly followed in this case.

d. Whether the CPS followed all relevant guidance and policy in relation to the known existence of an undercover police officer in this case.

The independent inquiry will also make such recommendations it feels appropriate in light of the examination and findings set out above, including, if appropriate, recommendations about CPS policy and/or guidance and CPS arrangements for handling cases involving undercover police officers.

The independent inquiry has been established by, and will report its findings and recommendations to the Director of Public Prosecutions.

Sir Christopher will have full access to all the available evidence and will work in tandem with the IPCC inquiry into this matter. Both organisations are committed to sharing all relevant information and arrangements are being made to ensure there is meaningful liaison between the two inquiries. Inevitably this work will take time but will be completed as soon as is practicable. The Director of Public Prosecutions intends to make public the findings and recommendations of the independent inquiry.