§ Harry CohenTo ask the Solicitor-General if she will make a statement on the handling by the criminal justice system of Mr. Christian Sweeting who was arrested on 16 April. [5506]
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§ The Solicitor-GeneralThe conduct of the police and the Crown Prosecution Service in respect of Mr. Sweeting is as follows. On 16 April 2001, at 0220 hours, Mr. Sweeting was arrested after being found in possession of an air rifle in a public place. The police charged him with an offence, contrary to section 16A of the Firearms Act 1968, of possession of a firearm with intent to cause another to believe that unlawful violence would be used.
Mr. Sweeting appeared before Torbay magistrates court later that morning. The police provided the Crown Prosecution Service with a file relating to the arrest of Mr. Sweeting. The Crown Prosecutor, in accordance with his duties under the code for Crown Prosecutors, determined that there was not a realistic prospect of a conviction in respect of the offence charged, and the charge was accordingly replaced with one under section 4A of the Public Order Act 1986, using threatening behaviour with intent to cause harassment, alarm or distress.
Mr. Sweeting's case was adjourned until 15 May 2001, and the Crown Prosecutor requested further information from the police. Upon receipt of that information, the file was reviewed again, and the Crown Prosecutor decided that there was no realistic prospect of convicting Mr. Sweeting of the offence contrary to section 4A of the Public Order Act. After discussion with the police, it was decided that the case should, therefore, be discontinued, and formal discontinuance was effected by a letter of 14 May 2001.