Crown Prosecution Service’s press statement following a ruling contained significant factual errors
UK lady chief justice Sue Carr has called out attorney general Richard Hermer after the Crown Prosecution Service published a press release containing significant factual inaccuracies, reported the Law Society Gazette.
Carr criticized Hermer for failing to correct the statement’s errors publicly as he should have done to “protect the administration of justice [and] the safety of all involved,” per a statement published by the Gazette. In a Court of Appeal ruling regarding the matter of R v X, Y & Z, Carr said in a statement published by the Gazette that the attorney general’s authority of referral to the courts should not be exercised “in pursuit of government agenda, however worthwhile.”
The case, which has been referred to as the Fordingbridge case, involved the rape conviction of three boys. Hermer had sought leave to refer to the sentence passed as “unduly lenient,” per the Gazette, which resulted in personal attacks on the sentencing judge.
The CPS’ press release immediately after the court sentencing included “two material factual inaccuracies,” Carr said in the Court of Appeal’s follow-up judgment. In its main judgment, the court slammed the CPS for spurring media reports relying on misinformation.
“Immediately following the sentencing, sensationalist reporting in the media commenced, with heavy reliance on the factual inaccuracies, in particular on the involvement of a knife. Unsurprisingly, the source of that reporting appears to have been the press release. There was public outcry in response. The judge was the subject of widespread personal condemnation and vilification, as were the young boys,” Carr said in the judgment, a snippet of which was published by the Gazette.
The court added that it was “usually wise not to make any comment about pending legal proceedings.”
“But the attorney general chose to do so. Where, as here, the court has some concerns about public statements made by the attorney general about the proceedings which he had issued, it is proper for the court to record and explain those concerns,” the court said in a snippet of the ruling published by the Gazette.
The court highlighted the press release’s focus on the seriousness of the offence in the Fordingbridge case while failing to address the inaccuracies and the “lack of condemnation of the personal vilification of the judge at any stage,” per a statement published by the Gazette. While the court did not suggest that Hermer was responsible for media reports’ accuracy, Carr noted that it fell to him to correct the press release’s errors publicly under the circumstances to “underscore the cardinal importance of the public being given accurate information about what is happening in their justice system.”
“If a member of government, and in particular the attorney general, chooses to make public statements about the gravity of offending, and to refer to ‘understandabl[e].. huge public concern’, then they should ensure that what is communicated is fair and accurate, correcting any widespread misreporting of which they are aware. Otherwise, they lend currency and endorsement to the misreporting,” the court said in the judgment.
The court noted that Hermer should have been aware of the attacks on the sentencing judge due to public comments from significant public figures.
“No one within government has said publicly, even now, that the attacks on the judge were improper and a threat to the independence of the judiciary. Standing back, these events demonstrate the importance of separating the exercise of powers under section 36 of the Criminal Justice Act 1988 from politics,” the judgment said.
The press release indicated that the director of public prosecutions attributed failures to human error and noncompliance with “normal” practices like legal checks and clearance procedures. The court said the DPP’s delay in amending the press release was “unacceptable,” to which the DPP conceded.
A spokesperson from the attorney general’s office confirmed that CPS had taken responsibility for the press release’s error and that Hermer had been taking steps to limit such mistakes in the future.
“At every turn this attorney has been a staunch defender of the independence of the judiciary and has publicly commented numerous times of his concerns about attacks on judges. The attorney also remains firmly committed to ensuring the criminal justice system has the faith of victims, particularly survivors of violence against women and girls,” the spokesperson said in a statement published by the Gazette.
The court’s judgment was issued by Carr, lord chief of appeal Andrew Edis, and High Court judge Heather Norton.
