Question to the Attorney General:

To ask the Attorney General, for what reasons the Crown Prosecution Service decided not to proceed with some of the charges against Harry Street during hearings in his case at Birmingham Crown Court in October 2014.

On 6 October 2014 the Crown Prosecution Service (CPS) accepted guilty pleas to one count of making an explosive substance, three counts of possessing a prohibited firearm and one count of putting a person in fear of violence by harassment. The pleas were accepted on the basis that if Harry Street’s mental health ever deteriorated to the same extent it had in 1978 he was undoubtedly capable of deploying the weapons.

The decision not to proceed with the four remaining counts was taken in accordance with the Code for Crown Prosecutors which provides: “Prosecutors should only accept the defendant’s plea if they think the court is able to pass a sentence that matches the seriousness of the offending”. In view of the evidence before the court, it was clear to the CPS that the sentence imposed by the court would be a restricted hospital order under section 37 and section 41 of the Mental Health Act 1983 whether he was convicted of all counts, or those which were accepted as pleas.

In making a restricted hospital order, the Learned Judge fully supported the approach taken by the CPS. The court ordered the remaining counts to lie on the file not to proceed without the leave of the court.

The decision to accept the guilty pleas on 6 October 2014 was taken following full consultation with the victims/ victims’ families for both the recent offences and the 1978 offences.