Ian Tomlinson: 26th July 2010

Anna Soubry (Broxtowe) (Con)
Would my right hon. and learned Friend be able to assist in this way: cases involving causation are always difficult, but did the Crown Prosecution Service consider two other charges available to it, neither of which would have been time-barred, namely affray and misfeasance in public office?
The Attorney-General
So far as affray is concerned, I am not aware of whether it was considered, and it does not immediately spring to mind as appropriately reflecting what happened in the case. So far as misconduct in public office is concerned, the matter can be looked at, but the test for misconduct in public office is quite clear: it should not be used as a substitute to get around a substantive offence being brought. For those reasons, the CPS took the view that misconduct in public office was not an appropriate charge to bring, and in that it is certainly backed by all precedent.