Mills: under pressure

DPP Launches Inquiry after Calls for her Resignation

Dame Barbara Mills talks exclusively to our Home Affairs Correspondent Jane Peel

The inquiry will also consider the particular handling of two deaths in police custody, after judicial reviews this week quashed the CPS decision not to prosecute police officers in connection with the cases.

Deborah Coles of Inquest, the group which campaigns on the issue, described the position of Dame Barbara Mills was 'untenable' after she agreed for the second time in two days to reconsider her decision not to bring criminal charges.

The outcry against the DPP -- and the Crown Prosecution of which she is head -- relates to judicial review proceedings brought by the widows of Shiji Lapite and Richard O'Brien who died while under arrest by Metropolitan Police officers. Inquest juries later returned verdicts of unlawful killing in both cases

A High Court judge has reserved judgement in a third case. The court heard that Derek Treadaway was "suffocated to unconsciousness" by members of the West Midlands Serious Crime Squad in 1982. His QC Patrick O'Connor said his "will was broken" and he signed confessions which led to a 13-year jail sentence for robbery and conspiracy to rob.

Mr Treadaway served the sentence in full and then brought an action for battery and was awarded £50,000 in damages. But no action was taken against the police because the DPP found insufficient evidence to prosecute and no realistic chance of a conviction.

In an interview for The World at One, Ms Coles said that the cases had revealed problems in the Crown Prosecution Service. She said Dame Barbara as head of the service should take responsibility for what she called "an appalling shambles".

"She is accountable at all stages of her department and so she has to take responsibility for this appalling shambles," Ms Coles said.

Houlder: the system needs changing

Senior barrister Bruce Houlder on why the system is at fault

Mr Houlder continued: "The problem with the CPS really lies in total and complete lack of resources. They are cash-starved at the moment. Morale is extremely low. This kind of result in the courts is purely symptomatic of that situation."

He said that he favoured reinstating the former system in which the papers of policemen considered for prosecution were always passed to senior Treasury Counsel or a very senior member of the Bar for independent advice; this would then be passed on to the Attorney General.

A CPS spokesman, commenting on the O'Brien and Lapite cases: "We successfully prosecute 1.3 million cases every year, but we are very concerned about what went wrong in these two cases. It is possible there was human error. There may be a flaw in our decision-making process. We feel it is important that any mistakes that were made are recognised and appropriate action taken. We may need to offer further training to staff or guidance to prosecutors."

The inquiry will be conducted by an independent person whose name, and precise terms of reference, will be published next week. The inquirer will report to the DPP and the report will be made public.