Conspiracy convictions to aid prosecution of child sexual offences
CROWN OFFICE
May 9 2009
News Release
CONSPIRACY CONVICTIONS TO AID PROSECUTION OF CHILD SEXUAL ABUSE OFFENCES
The prosecution of child sexual abuse offences will be enhanced by the conspiracy convictions in the landmark case of HMA v Strachan, Rennie and Others, the Lord Advocate, Elish Angiolini QC, said today.
The Lord Advocate said:
"This is a significant case in legal terms because it is the first time that prosecutors have used the law of conspiracy in relation to child sexual abuse.
"Operation Algebra provided clear evidence of a large network of individuals who shared an interest in the sexual abuse of children.
Using the conspiracy charge allowed us to demonstrate to the jury not only the full scale and truly sinister nature of the offences already committed, but also the shocking extent of the crimes that the accused had agreed to commit.
"These convictions for conspiring to abuse children make it clear that taking part in this kind of conduct is in itself an offence, and can be struck at by the law. This means that the law of conspiracy can be used as a tool to prevent commission of crimes and may allow earlier intervention by police and prosecutors to protect children from abuse in the future."
The Lord Advocate added that the success of the prosecution was in part due to the close partnership between police and the Crown Office and Procurator Fiscal Service.
"Crown Counsel were involved at the very earliest stages to provide direction and support to investigating officers and to help ensure a successful prosecution. For example, the COPFS International Co-operation Unit was involved in helping police to secure crucial evidence from the United States, using the Mutual Legal Assistance Treaty.
"We will build on this partnership working as our new National Sexual Crimes Unit starts work this summer, with a dedicated team of specialist prosecutors."
Mrs Angiolini paid tribute to the efforts of prosecutors including advocate depute Dorothy Bain QC in securing convictions in more than 50 charges.
"This has been one of the most challenging cases we have undertaken, pushing the boundaries of prosecuting sexual offences against children.
I want to thank all those involved in the prosecution for their dedication in what has been a difficult and at times harrowing prosecution."
Notes to editors:
1. At the High Court at Edinburgh on Thursday (7 May 2009), Neil Strachan, James Rennie, Ross Webber, Colin Slaven, Craig Boath, Neil Campbell, John Milligan and John Murphy were convicted of offences related to indecent photographs of children. Strachan, Rennie and Milligan were also convicted of committing offences in relation to the sexual abuse of young children. In addition, Strachan, Rennie, Webber, Boath, and Milligan were convicted of conspiring to sexually abuse children. Strachan, Rennie, Boath, and Milligan were convicted of conspiring to take part in the sexual abuse of Child F.
2. In March 2009, the Lord Advocate announced the creation of a new National Sexual Crimes Unit that will specialise in the investigation and prosecution of serious sexual crimes across Scotland. A dedicated team of specialist Crown Counsel will direct these criminal investigations from the earliest stages, providing advice and expertise to Procurators Fiscal. The National Sexual Crimes Unit will also include a dedicated team of specialist Procurators Fiscal.
3. The National Sexual Crimes Unit was established on the recommendation of Dorothy Bain QC, who has significant expertise in the prosecution of sexual offences and led the prosecution in HMA v Strachan, Rennie and Others. The Unit will be lead by Derek Ogg QC.
4. The Lord Advocate's Review of Sexual Offences, published in 2006, made 50 recommendations, including the introduction of specialist training on the investigation and prosecution of rape and other sexual offences. All 50 recommendations will be implemented by the Summer of 2009.
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