David Calvert-Smith
Encyclopedia
Sir David Calvert-Smith (born April 1945), styled The Hon. Mr Justice Calvert-Smith, was Director of Public Prosecutions of England and Wales
from 1998 to 2003 and is now a High Court
judge. Educated at Eton College
and King's College Cambridge, he was called to the bar at the Middle Temple
in 1969 and became a queen's counsel
in 1997. He was knighted in 2002 and became a High Court judge in 2005.
After beginning his career both prosecuting and defending, he specialised in prosecution work from 1986, including several cases of murder, terrorism and organised crime. In October 1998 he became Director of Public Prosecutions and head of the Crown Prosecution Service
, a post he held for five years. During his time in office the failure of the prosecutions of Paul Burrell
and the killers of Damilola Taylor
damaged the Service's reputation, and the CPS was described as "institutionally racist" by two reports.http://www.bbc.co.uk/pressoffice/pressreleases/stories/2002/06_june/25/on_the_ropes.shtml http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2003/10/22/ncps22.xml Notable successes were the prosecutions of serial killer Harold Shipman
and former spy David Shayler
.
When the Human Rights Act 1998
was passed (most of which came into force in 2000), Calvert-Smith was the first DPP to have to deal with the impact it was expected to have on criminal trials.Example
In 2002 he opposed proposals to change the law to deem a person found in possession of drugs to be guilty of possession with intent to supply if the quantity exceeded a certain amount. In a letter to Parliament he wrote: "the best approach is for the jury to focus on weighing the evidence tending to demonstrate intent to supply ... as opposed to this issue being determined with reference to an arbitrary amount."Full text However the law was changed after he left office, by the Drugs Act 2005
(although this is not yet in force).
Towards the end of his term he piloted a new system in which CPS lawyers, instead of police officers, would make decisions about charging suspects, resulting in a 15 percent increase in convictions. This policy was fully implemented by his successor.
In 2004 he was acting director of the Customs and Excise
Prosecutions Office.
In 2005 he led an inquiry for the Commission for Racial Equality
into how the police forces of England and Wales
deal with racism within their ranks. The inquiry reported in March 2005. At a press conference Calvert-Smith said "willingness to change at the top is not translating into action lower down, particularly in middle-management where you find the ice in the heart of the Police Service."http://www.cre.gov.uk/Default.aspx.LocID-0hgnew058.RefLocID-0hg00900c001001.Lang-EN.htm
Director of Public Prosecutions (England and Wales)
The Director of Public Prosecutions of England and Wales is a senior prosecutor, appointed by the Attorney General. First created in 1879, the office was unified with that of the Treasury Solicitor less than a decade later before again becoming independent in 1908...
from 1998 to 2003 and is now a High Court
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
judge. Educated at Eton College
Eton College
Eton College, often referred to simply as Eton, is a British independent school for boys aged 13 to 18. It was founded in 1440 by King Henry VI as "The King's College of Our Lady of Eton besides Wyndsor"....
and King's College Cambridge, he was called to the bar at the Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
in 1969 and became a queen's counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1997. He was knighted in 2002 and became a High Court judge in 2005.
After beginning his career both prosecuting and defending, he specialised in prosecution work from 1986, including several cases of murder, terrorism and organised crime. In October 1998 he became Director of Public Prosecutions and head of the Crown Prosecution Service
Crown Prosecution Service
The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public prosecutions of people charged with criminal offences in England and Wales. Its role is similar to that of the longer-established Crown Office in Scotland, and the...
, a post he held for five years. During his time in office the failure of the prosecutions of Paul Burrell
Paul Burrell
Paul Burrell, RVM is a former servant of the British Royal Household. He was a footman for Queen Elizabeth II and later butler to Diana, Princess of Wales...
and the killers of Damilola Taylor
Damilola Taylor
Damilola Taylor was a ten-year-old Nigerian schoolboy who died in the United Kingdom. Several young boys were cleared of murder charges after a lengthy trial, and later two brothers were convicted of manslaughter....
damaged the Service's reputation, and the CPS was described as "institutionally racist" by two reports.http://www.bbc.co.uk/pressoffice/pressreleases/stories/2002/06_june/25/on_the_ropes.shtml http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2003/10/22/ncps22.xml Notable successes were the prosecutions of serial killer Harold Shipman
Harold Shipman
Harold Fredrick Shipman was an English doctor and one of the most prolific serial killers in recorded history with 218 murders being positively ascribed to him....
and former spy David Shayler
David Shayler
David Shayler is a British journalist and former MI5 officer. Shayler earned notoriety after being prosecuted under the Official Secrets Act 1989 for his passing secret documents to the Mail on Sunday in August 1997 that alleged that MI5 was paranoid about socialists, and that it had previously...
.
When the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
was passed (most of which came into force in 2000), Calvert-Smith was the first DPP to have to deal with the impact it was expected to have on criminal trials.Example
In 2002 he opposed proposals to change the law to deem a person found in possession of drugs to be guilty of possession with intent to supply if the quantity exceeded a certain amount. In a letter to Parliament he wrote: "the best approach is for the jury to focus on weighing the evidence tending to demonstrate intent to supply ... as opposed to this issue being determined with reference to an arbitrary amount."Full text However the law was changed after he left office, by the Drugs Act 2005
Drugs Act 2005
The Drugs Act 2005 is an Act of the Parliament of the United Kingdom.-Section 24 - Short title, commencement and extent:The following orders have been made under section 24:* *...
(although this is not yet in force).
Towards the end of his term he piloted a new system in which CPS lawyers, instead of police officers, would make decisions about charging suspects, resulting in a 15 percent increase in convictions. This policy was fully implemented by his successor.
In 2004 he was acting director of the Customs and Excise
Her Majesty's Customs and Excise
HM Customs and Excise was, until April 2005, a department of the British Government in the UK. It was responsible for the collection of Value added tax , Customs Duties, Excise Duties, and other indirect taxes such as Air Passenger Duty, Climate Change Levy, Insurance Premium Tax, Landfill Tax and...
Prosecutions Office.
In 2005 he led an inquiry for the Commission for Racial Equality
Commission for Racial Equality
The Commission for Racial Equality was a non-departmental public body in the United Kingdom which aimed to tackle racial discrimination and promote racial equality. Its work has been merged into the new Equality and Human Rights Commission.-History:...
into how the police forces of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
deal with racism within their ranks. The inquiry reported in March 2005. At a press conference Calvert-Smith said "willingness to change at the top is not translating into action lower down, particularly in middle-management where you find the ice in the heart of the Police Service."http://www.cre.gov.uk/Default.aspx.LocID-0hgnew058.RefLocID-0hg00900c001001.Lang-EN.htm