CPS forced to remind police investigating historical sex abuse to ignore dead suspects

Prosecutors expect a substantial increase in the number of historical abuse cases following revelations from the Goddard inquiry

Director of Public Prosecutions, Alison Saunders, said the CPS would not give hypothetical chargin decisions regarding deceased suspects (PA)

Chief constables have had to be reminded that the dead cannot be charged with criminal offences, after the Crown Prosecution Service complained of receiving a number of requests regarding dead suspects.

CPS director Alison Saunders had to issue the notice to senior police officers to stop them from presenting CPS lawyers with endless files of evidence on dead suspects.

In a directive published on the CPS website, Ms Saunders said: “Since deceased persons cannot be prosecuted, the CPS will not make a charging decision in respect of a suspect who is deceased.”

“This applies in all cases where the suspect is deceased, including cases in which the police made a referral to the CPS for a charging decision prior to the suspect's death. The CPS will also not make hypothetical charging decisions.”

The advisory comes as prosecutors and police deal with a huge increase in investigations into past child abuse cases, including disclosures about Jimmy Savile.

Prosecutors anticipate the number of historical cases being presented to continue to rise as the Goddard inquiry into institutional child abuse begins its public hearings into alleged cover-ups in Lambeth, the Catholic church, the Church of England and Westminster.

Operation Hydrant, the primary national investigation into “non-recent” child sexual abuse, which is liaising with the Goddard inquiry, has more than 2,228 investigations on its database, including investigations into 302 people of public prominence. The suspects involved include 286 dead people.

Last month the former head of Britain’s police chiefs called for less money to be spent on historical child abuse cases and more attention given to current cases.

Sir Hugh Orde said resourcing a historical investigation over current day cases was a “back to front” way of using limited resources.

The CPS said in its new advice that police may want to continue an investigation if a suspect dies during their inquiry, because living suspects could be linked to the dead person. However, Ms Saunders said, lawyers would not be giving hypothetical advice on whether the deceased could have been charged.

“When advising on or making charging decisions in such cases, the CPS may need to consider the role played by the deceased suspect, and the evidence against that suspect,” the guidance said. “Although the CPS may undertake a detailed review of the evidence against the deceased in these circumstances, it will not make a charging decision in respect of the deceased.”