REPLY FROM THE ATTORNEY-GENERAL TO JOHN GOURIET AND ANTHONY BENNETT CONCERNING THE ‘INCITEMENT TO MURDER’ PROTEST IN LONDON ON 3 AND 4 FEBRUARY 2006

Please ring 020 7035 4646 or 020 7035 4686. See below.

Progress report 14 February 2006.

NOTE: It is now 12 days since dozens of Islamists appeared on the streets of London calling for their opponents to be killed, murdered, massacred, annihilated and beheaded. Our letter to the Attorney-General was sent on 9 February. On 10 February our letter was sent by the Attorney-General’s Office (from the Legal Secretariat to the Law Officers) to The Home Office with this note: “I have transferred your letter to the Home Office and The Crown Prosecution Service for reply”. I have since spoke to two officers at the Attorney-General’s Correspondence Unit, Ms Gelisha Navana and her senior, Mr Chris Simson, who confirmed that issues relating to the non-arrest of the demonstrators and the failure to make an arrest to date are clearly matters for the Home Office and the Home Secretary, who are responsible also for the conduct of the Metropolitan Police.

The matter is now being dealt with by a Mr T Murcott at Home Office Enquiries who may be reached on 020 7035 4646 or 020 70935 4686. These are Direct Lines, given out with the greatest reluctance, and will save you queuing for ages on the Home Office 0870 number. The matter is also being dealt with by the Home Office ‘Specialist Crime Directorate’, however they will not give out their telephone number.

I would urge you to simply ’phone one of these two numbers and ask a simple question: “When are the organisers of that demonstration and those who carried banners inciting murder going to be arrested?”. And please let John Gouriet or I know what response you get.

As you may be aware, an entirely separate application for a summons to be issued against Anjem Choudary and others has been made at Bow Street Magistrates Court (last Tuesday). A response from that application is awaited.

In the meantime, here is a note I have had today from Mr Simson:

TB  01279 635789

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14.2.2006  -  Dear Mr Bennett

Thank you for your call following your earlier conversation with my colleague Gelisha Navana.  We work as a team in the Correspondence Unit and regularly review how we should deal with 'one-off' letters and calls and what one might call 'generic' contacts. 

A number of people have expressed concern to us about the demonstration last week, so we might call that a generic query.  As I said, the Home Secretary oversees the Metropolitan Police and the Home Office was thus the proper place to direct your letter.

Here, as promised, is an extract from a recent letter which sets out the respective roles of the police and CPS.

'It may assist if I explain the roles of the CPS and the police and how the decision to prosecute is made.  As you know, the police are responsible for responding to allegations that a person has committed a crime.  They will decide whether an investigation is required and how it should be conducted, although they are expected to follow all reasonable lines of enquiry. 

Following an investigation, the police may decide to:

1. Take no further action;

2. Instigate proceedings by charge or summons; or

3. Refer the matter to the CPS for advice as to whether a prosecution should be

brought. 

The CPS is responsible for reviewing and, where appropriate, prosecuting most criminal cases in England and Wales following investigation by the police. 

The CPS is not an investigative body and has no powers to investigate allegations of crime.  Furthermore, although the Service can advise the police, it cannot give legal advice to members of the public'.

I trust this is helpful to you.

Christopher Simson

Correspondence Unit, Legal Secretariat to the Law Officers, Attorney General's Chambers, 9 Buckingham Gate, London SW1E 6JP

Tel (020) 7271 2486

Fax (020) 7271 2494