Lord Janner: The Henriques Report

 

The Full Henriques Report can be found HERE

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On Friday 15 January, Mr Justice Openshaw brought to an end criminal proceedings against Lord Greville Janner for child sexual offences, after the Central Criminal Court received formal evidence of his death.

The conclusion of criminal proceedings means that the findings of an independent inquiry into the handling of past allegations of sexual abuse by Lord Janner can now be published.

The Director of Public Prosecutions (DPP) commissioned the inquiry last year, when she stated that decisions not to prosecute following previous investigations into Lord Janner were wrong. Retired High Court Judge Sir Richard Henriques was asked to conduct a thorough and independent review into the CPS decision making and handling of all past allegations relating to the Lord Janner case and to make any recommendations he felt appropriate.

The independent inquiry found:

  • The decision not to charge Lord Janner in 1991 was wrong and there was enough evidence against him to provide a realistic prospect of conviction for offences of indecent assault and buggery. In addition, the police investigation was inadequate and no charging decision should have been taken by the CPS until the police had undertaken further enquiries.
  • In 2002, allegations against Lord Janner were not supplied by the police to the CPS and accordingly no prosecution was possible. This merits investigation by the IPCC.
  • There was sufficient evidence to prosecute Lord Janner in 2007 for indecent assault and buggery. He should have been arrested and interviewed and his home searched.

Director of Public Prosecutions Alison Saunders said: “The inquiry’s findings that mistakes were made confirms my view that failings in the past by prosecutors and police meant that proceedings were not brought. It is a matter of sincere regret that on three occasions, opportunities to put the allegations against Lord Janner before a jury were not taken.

“It is important that we understand the steps which led to these decisions not to prosecute, and ensure that no such mistakes can be made again.

“I have carefully considered the observations and conclusions made by Sir Richard Henriques. The inquiry acknowledged that the CPS has moved on hugely since these investigations and that current guidance and procedures would result in decisions that there was sufficient evidence to prosecute in all three cases considered in the report. However we are also acting on his recommendations to make further changes and improvements in the handling of such sensitive cases.”

Significant changes have already been undertaken within the CPS which address many of the issues highlighted. In his report, Sir Richard Henriques says, “I have no doubt that with current guidance and procedures, a case management panel would conclude that there was a sufficiency of evidence in all three cases considered in this report.”

However, he makes the following three specific recommendations for the further action by the CPS:

  • to consider whether time limits in charging decisions are appropriate;
  • to establish a protocol when referring cases from CPS area teams to Central Casework Divisions (CCDs), to ensure no decision is taken to end a case without referring back to CCDs; and
  • to establish a central log of cases referred and declined irrespective of whether a prosecution is to be commenced or not, with borderline cases included on the sensitive case list.

The CPS will implement these recommendations, and other issues identified by Sir Richard Henriques in his report. Measures are being introduced to ensure rape and serious sexual assault cases are dealt with swiftly. A full response to the findings is available on the CPS website.

CPS legal guidance on child sexual abuse was introduced in 2013, which recognises that prosecutors must focus on the credibility of the allegation, rather than focusing solely on the actions of the victim, and factors such as late reporting, inconsistent accounts and a victim ‘voluntarily’ returning to the alleged abuser should not then undermine the credibility of the victim’s account. Rape and serious sexual offences are now dealt with by prosecutors specially trained in handling these cases, and a more rigorous Case Management Panel process means that prosecutors regularly meet to review such cases and decisions.

All case files and papers have now been handed to the Goddard Inquiry.

Notes

Timeline

  • January 2013: Operation Enamel initiated by Leicestershire Police
  • March 2015: Final case papers passed to the DPP for a charging decision in Operation Enamel
  • April 2015: The DPP announced the charging decision of No Further Action due to Lord Janner’s advanced stage of dementia which would mean he would be found unfit to stand trial
  • May 2015: A number of victims asked for this decision to be reviewed as part of the Victims’ Right of Review scheme
  • June 2015: The DPP announced that criminal proceedings would begin against Lord Janner
  • December 2015: Mr Justice Openshaw determined that Lord Janner was unfit to stand trial and a trial of the facts would take place
  • January 2016: Mr Justice Openshaw determined that due to the death of Lord Janner, proceedings would be stayed.

Terms of reference of the inquiry:

1. The Independent Inquiry will examine the three cases listed below and make findings in respect of the following matters:

a) Whether the approach and decision making of the CPS and counsel instructed was correct in relation to advising the police including but not limited to case building, the making of further enquiries and advice on charge and sufficiency of evidence.

b) Whether the CPS followed all relevant guidance and policy

c) Whether the CPS arrangements in place for handling the case were adequate and properly followed

d) Any other matters that the Inquiry considers would be relevant in preventing recurrence.

2. 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 allegations involving high profile or political figures.

3. The Independent Inquiry has been established by, and will report its findings and recommendations to, the Director of Public Prosecutions.

The three cases

  1. 1. Allegations by an individual who featured in the trial of Frank Beck in 1991. The CPS considered the evidence and advised police that there was insufficient evidence to prosecute. The police took no further action.
  2. Operation Magnolia in 2002. Allegations were referred to the CPS but apparently not the allegations relating to Lord Janner. Police decided that no further action should be taken against Lord Janner, and the CPS decided that no further action should be taken against any other individual.
  3. Operation Dauntless in 2006. Allegations of offending by three individuals including Lord Janner. The CPS decided there was insufficient evidence to prosecute in 2007.

CPS.co.uk

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26 Comments

Filed under Abuse, News, Politics

26 responses to “Lord Janner: The Henriques Report

  1. Pingback: Lord Janner: The Henriques Report | Alternative News Network

  2. Jack

    The narrative that ‘mistakes’ were made or the enquiries were ‘bungled’ is a lie. The cover up was deliberate. Justice was perverted on purpose.

    • I’m inclined to agree with you on that Jack.

    • Terry B

      Will those that perpetrated the cover now be exposed?

      I remember Janner playing a big part in Tony Blair’s career and Tony rewarding him with a peerage.

      • artmanjosephgrech

        Now it is up Justice Goddard’s team chosen for the investigation and hearing Hopefully wil be moe a trial of the facts and those who spoke for Lord Janner such as Keith Vaz and Tony Blair, or his chief fixer Peter Mandelson will be questioned. although there must be some clues to avoid the accusation of embarking on a fishing expedition.

    • I AGREE WITH JACK.
      one thing that has shocked me is 30 years i fight for ears to listen.when heard,one is left .what happens to us survivors ????do we get an apology?do we get closer?what do we do ?I have tryed to get apology they say get solicitor ..I have tryed any one advise me please?????I have been involved with all child abuse investigations in North and South Wales since 1994-and know Goddard.
      Goddard take information like other investigations and just leave one clueless.I went to Goddard to try and get some form of closer.Basically all us survivors are suppling information that has been looked over 4 times in North Wales and 1 time in South Wales.They investigate,they find out what we been saying is fact Jenner proves that.WHAT HAPPENS TO US SURVIVORS …..NO APOLOGY FOR WHAT HAPPEND NO CLOSER//////WHATS THE PURPOSE IN THIS DAM INVESTIGATION AT 10,MILLON POUNDS .TRY PUTTING THE PAST WRONGS WITH REGARDS TO SURVIVORS FIRST,NOT RE GO OVER INCOMPETENCE OF POLICE FORCES .SOCIAL SERVICES CPS////YES I UNDERSTAND WHY PEOPLE TURN INTO HEAD RAGES AND DO THINGS THEY WOULDUNT …FOR GOD SAKE LISTEN TO US .PUT US SURVIVORS FROM 1970S OUT OF THEIR MISSERY SAY SORRY AT LEAST.

      • artmanjosephgrech

        I understand how upset you are and hope you will not give up.
        I am afraid to say it s likely that someone like the Prime will stand up and say sorry on behalf of the national for what happened to you and others like you although in the meantime the Inquiry will hold many investigations and hearings and publish report on various situations which hopefully will bring some comfort to those directly involved

        The Cathy Fox site has been pressing for the Macur Review to by published. This should explain why the Waterhouse inquiry did not look at those children who were trafficked from homes to be used and harmed in other parts of the UK and even further. Please keep in touch with the Needle Blog and Cathy Foxes sites as they are reliable based what they say on good info and keep everyone informed of what is made public

      • Hi,when you have officers of a police force tamper with evidence IPCC say its ok .what chance do we have .i will never give up its principal .

      • Aardvark

        To Tazz Devil, the injustice that you and other Survivors have endured is truly appalling and as vulnerable children, you should have deserved the best of care from the State. The Government do not want to apologise, because they know they will be accepting culpability and will rightly have to compensate all the Survivors, which insurance agencies have been trying to avoid for decades, no doubt. Hopefully, we can all offer support, by fighting for justice and a change for the rights of Survivors of abuse, I know that can’t make up for what you suffered as a Child.

        It is so important that Survivors like your self are acknowledged and receive support. I am no expert, but perhaps Gojam could post, organisations and advice for Survivors? There are many of us who are outraged by the abuse and injustice, you as Children endured and are determined things change and that you receive the justice you deserve!

  3. Reblogged this on VICTIMS OF THE STATE and commented:
    One law for one, and another for the rich elite.

  4. BarrieJ

    The establishment can be quietly confident that they’ve got every angle covered. The successive failures to prosecute this individual were no coincidences.
    We are truly governed by criminals, they disgust me.

  5. artmanjosephgrech

    good work Gojam and Justice Godard for making this investigation and Hearing a prior.

    Will the family seek an injunction from High Court to stop this? I suspect the statutory inquiry investigation, hearing and report will provide the basis for successful criminal damage against the Janner estate and possible against those who stopped investigations including the local authority re its Beck and investigations but proving there was a deliberate cover up will remain a challenge without immunity given to someone with power involved in the cover up with power who instigated. I also assume that Janner’s family with be given Core participant status along with lawyers for the victims.

  6. Anon

    Well if they had allowed a prosecution to proceed it would have opened the floodgates and then no self-respecting criminal lawyer or bent judge would be safe.

    The Magic Circle of Lawyers look after their own.

  7. Andy Barnett

    “The great and the good protect the great and the good.” That is, I’m sure, at least part of this story. Conspiracy? Yes, there are conspiracies, probably many many of them, led by the guilty and those that seek to ‘own’ such people through the knowledge they possess. But it’s the culture of protecting one’s own that is most depressing – the belief that justice should be applied harshly to those not like ourselves, while scandal that reflects badly on our family, our institution, our community or our class is best dealt with behind closed doors, lest it reflects badly on ourselves. We are all prone to this belief, not just the upper classes. We protect our own as a way of protecting ourselves; to hell with justice or fairness; to hell with the consequencies for past or future victims.

    So don’t be surprised when Janner’s family, his community, his business associates or his party fail to expose and prosecute his crimes; you would do the same in their position. It’s human nature, as much as petty theft when noone is looking, spreading lies about those we don’t like, or taking advantage of others for our own personal gain. Our challenge as a society is devising the secure means by which we protect ourselves – all of us – from the unkindness of other people. This must include preventing those in authority from abusing their power to promote and protect those they consider ‘one of us’, while oppressing and victimising those they consider ‘one of them’.

    • artmanjosephgrech

      so true and all the evidence is that in times of revolutionary change even no violent revolutionary change things worse. Do the art I believe it is an art as much as a science to bring about positive, meaningful and lasting change organically from within institutions by members of that institutions when this usually this means they have everything to lose and little to gain in personal terms. See how the back bone of labour party irrespective of wing clings to the old order. Look our the Blair approach as unravelled and how Cameron successful in changing the Tory Parliamentary party is coming unstuck over Europe as nearly was re the Scottish referendum which did for Labour as Coalition did for the Lib Dems

      We remain still a tribal people despite the veneer of civilization and where also denial is basic human trait fro as T S Elliot wrote to the effect human beings cannot bear too much reality… look into the abyss and the abyss looks into you.

      When Jeremy Corbyn was first elected I was tempted to send hima copy of Understanding Organizationsons by Charles C handy and also to Justice Goddard as both hold two the the most important leadership roles in UK Society but neither has never managed large bureaucratic organizations

      I then went to find my copy of management of change and conflict and not finding went to Google and Amazon to find the latest version which could be applicable.. the problem is deciding which one is based on the every day realities of practice rather than ideal good practice..

      • Aardvark

        We are governed by a compromised PM, with a penchant for pork scratching, who patronisingly tried to dismiss, those trying to uncover historic CSA, as ‘ conspiracy theorists’. Yet the only conspiracy, is the covering up of abuse, by the corrupt establishment that rules over us.

        There was clearly a cover up of abuse by Janner, over decades, which must have gone straight to the top, otherwise, why was he ennobled? Blaming the Police and mistakes made by the CPS, just ain’t gonna wash!

        Isn’t it time those who helped cover up his crimes, are held responsible, to stop this happening again. As with Cyril Smith, Boothby, Driberg etc etc, it is more than likely that there were/ are many more compromised people in politics, with their particular pecodilloes, who were/ are being covered up for, now why were/ are they being covered up for then?

      • one thing that has shocked me is 30 years i fight for ears to listen.when heard,one is left .what happens to us survivors ????do we get an apology?do we get closer?what do we do ?I have tryed to get apology they say get solicitor ..I have tryed any one advise me please?????I have been involved with all child abuse investigations in North and South Wales since 1994-and know Goddard.
        Goddard take information like other investigations and just leave one clueless.I went to Goddard to try and get some form of closer.Basically all us survivors are suppling information that has been looked over 4 times in North Wales and 1 time in South Wales.They investigate,they find out what we been saying is fact Jenner proves that.WHAT HAPPENS TO US SURVIVORS …..NO APOLOGY FOR WHAT HAPPEND NO CLOSER//////WHATS THE PURPOSE IN THIS DAM INVESTIGATION AT 10,MILLON POUNDS .TRY PUTTING THE PAST WRONGS WITH REGARDS TO SURVIVORS FIRST,NOT RE GO OVER INCOMPETENCE OF POLICE FORCES .SOCIAL SERVICES CPS////YES I UNDERSTAND WHY PEOPLE TURN INTO HEAD RAGES AND DO THINGS THEY WOULDUNT …FOR GOD SAKE LISTEN TO US .PUT US SURVIVORS FROM 1970S OUT OF THEIR MISSERY SAY SORRY AT LEAST

      • artmanjosephgrech

        I agree but I don’t belittle the task of proving anything… just look at the Iraq Inquiry which drags on and on without reporting as those criticised ed use very legal way to prevent the truth emerging, and it evident that there is building up efforts to discredit what ever the Goddard Inquiry says about cover up.

      • Aardvark

        To art man, so basically we can’t expect any truth coming out of the inquiry, because the establishment will never admit they have been covering up Child sexual abuse? I mean, how could they, when CSA is totally abhorrent in wider society and a serious crime, how can it possibly be accepted in the corridors of Parliament ?

        A ‘Quiet Revolution’ as you mention, is not going to change the mind sets and power base of the establishment, whose foundation is still based on the privilege of old school ties, of secret societies and Masonic lodges and gentleman’s clubs and all the protection that involves! You quote Elliot, but the establishment and their agenda are the existentialist, Wastelands nightmare and with their corrupted sensibilities, we as a Society, are staring at “the abyss”.

    • gw

      Andy;

      Would I or you do the same as Janner’s family? I’m not so sure.

      Joshua Williams, who murdered Alan Cartwright for a bicycle was turned into police by his mother who recognised him on CCTV.

      The Unabomber was caught because his brother recognised his hand writing and notified the FBI.

      The cousin of Mohammed Emwazi ;

      “We hate him. We hope he will be killed soon. This will be good news for our family.

      • Andy Barnett.

        Hi gw.

        If I had caught my father abusing a child, then yes, I probably would do as you suggest. But if I had only heard the accusations of strangers, and my beloved father (whose reputation I’d lived off for years) assured me it was all lies, then I dare say I’d take a similar stance to the Janner children’s. That might include paying for lawyers to find whatever loophole would delay his trial. Does that make me a bad person? No. It just makes me human. Should I be allowed to get away with that? No I shouldn’t. The law must apply equally to all of us, however beloved we are.

  8. Reblogged on Alice through the looking Glass.

  9. dpack

    thinking of efforts to discredit and obscure the search for truth the bbc gave watts news time to talk about exaro’s new non story scoop in that they have a draft copy of the report into savile at the bbc.
    they may have a copy,it seems to say the bbc were not looking so could not be expected to find saviles behaviour on their premises.

    true but irrelevant is one way to attempt to rescue a reputation i spose,

  10. LISTEN.WHY DO ALL YOU PEOPLE THINK GODDARD IS GOING TO SORT ALL THIS OUT????TAKE IT FROM ME,I WENT TO GODDARD.I HAVE HAD NO COME BACK,JUST A CALL FROM THE ONES WHO HAD CONTRACT FOR TRUTH PILOT PROJECT/////LETTING OTHER PEOPLE HERE OUR HEARTS BREAK ,AND ARE AWARE THE BEST THING ANYBODY CAN DO IS APOLIGIES FOR ALL THIS INCOMPETENCE BLUNDER AND GUILT/HELL US SURVIVORS GO THROUGH EVERY SECOND OF EVERYDAY FEELING WE ARE TO BLAME….DONT THEY REALISE EVIDENCE HAS SHOWN THROUGH FAILURE OF JILLINGS INVESTIGATION.WATERHOUSE,LOST IN CARE,PALLIAL.SOUTH WALES GOLDFINCH.MACUR REVIEW….FOR GOD SAKE NOW 10 MILLON FOR GODDARD/THEY COULD GIVE US SURVIVORS ANOTHER INVESTIGATION.THEY ARE ALL DEAD .I WANT TO FEEL I WAS NOT TO BLAME MONEY THEY CAN KEEP ITS PRINCIPAL/////OH AND I WENT TO MACUR REVIEW …SORRY THATS A CHOCLOTE FIRE GUARD TO POINTLESS.ALL POLICE,CPS,INSPECTORS CHIEFS ALL BENT.ONLY JUSTICE WE WILL GET IS WHEN I STOP BREATHING LIVEING THIS DAM NIGHTMARE.WE SHOULD PETITION AGAINST COUNCILS AND OUT THEM AS THEY HAVE NOT CHANGED ABIT.