Expectation that there could be hundreds of Syria returnees in court has not been realised

An expected surge in the number of prosecutions of jihadist fighters returning home from Syria has failed to materialise and may never happen, according to the director of public prosecutions (DPP).

Max Hill QC, who was formerly the independent reviewer of terrorism legislation, said the expectation that there could be hundreds of cases going through UK courts after the collapse of the Islamic State “caliphate” had not been realised.

His comments come after Sajid Javid, the home secretary, stripped Shamima Begum of her British citizenship. The teenager was originally from Bethnal Green in east London.

Another Briton, aid-worker Tauqir Sharif, is appealing against the revoking of his UK passport, it has emerged. Others detained in holding camps in northern Syria are also reported to have lost their citizenship.

Shamima Begum will not be allowed here, says Bangladesh Read more

Hill, who has been in charge of the Crown Prosecution Service since last November, said: “Two years ago the language was all about an influx of returnees, with reports that some 850 people had travelled [to join Isis] but that has not translated into a significant influx. That may change.

“We appear to be looking at low numbers but we are ready for whatever comes. Thus far there has not been a large influx and the last two or three years have taken a toll on potential numbers.”

Hill said there would be intense scrutiny of anyone who returned. Powers to prosecute individuals suspected of carrying out terrorism abroad have been repeatedly extended, most recently through the Counter-Terrorism and Border Security Act 2019, which makes those who travel to designated areas without good reason liable to 10 years’ imprisonment.

The DPP said: “So we are able to put together an indictment and prosecute those who return. The powers in the UK are very broad, including temporary exclusion and deprivation of citizenship.” The CPS would not be involved until a suspect has re-entered the UK.

The CPS’s special crime and counter-terrorism division last year prosecuted 91 cases of which 81 resulted in convictions. Among those jailed after coming back from Syria are Mohammed Abdallah from Manchester, who was jailed for 10 years in 2017 after returning for NHS treatment for his war injuries.

In his previous capacity as the government-appointed independent reviewer of terrorism legislation, Hill wrote: “UK-linked individuals who travel to fight in Syria and Iraq pose a clear threat to our country’s security.

“Anyone who returns from the region must also expect to be examined by the police to determine if they have committed criminal offences … Whether or not returners are prosecuted, we will take further action to understand and mitigate the risks they pose. This could include providing intense monitoring and psychological support through a deradicalisation programme.”

The CPS has experienced deep cuts to its funding since 2010. Hill says any reduction in crime rates should not be used an excuse for further austerity savings. “Any perception of a fall in nationwide caseload is balanced by the increasing complexity of individual cases,” he said. “It takes longer to go through the material that we must disclose, so the work per case is increasing. We can’t absorb any more cuts without reducing our efficiency.”

If police forces receive additional funding, that would be likely to generate more prosecution requests. “There will be consequences for the CPS. We are a demand-led organisation. We don’t have the means to pick and choose cases. We will look at everything the police and other investigators bring to us. And if evidential tests are met, we will prosecute so if there’s a bulge [due to more cases] there are financial consequences for that and my plea is that the CPS should not be forgotten.”

Hill, who was previously chair of the Criminal Bar Association, acknowledges that improving procedures around disclosure will be one of the main challenges of his first year in office.

The vast volumes of evidence generated by even relatively routine crimes – digital records generated by mobile phones, CCTV or laptops – are burdening the workload of prosecutors and defence lawyers alike. A series of collapsed rape trials, most notoriously the Liam Allan case, demonstrated that police and prosecutors were failing to share crucial evidence with defendants.

Use of artificial intelligence programmes may eventually speed up data searches but the final charging decision would always be taken by a human prosecutor, Hill insisted.

He said the CPS had been and would continue to work hard to bring prosecutions for fatal stabbings. Additionally CPS officials, through what are known as their inclusion and community engagement managers, are involved in outreach work.

“Not enough has been done to develop an understanding about what we are here for,” the DPP said. “There’s misunderstandings about the difference between investigators and prosecutors.

“We should get into the community more and explain the role of the CPS, whether we are talking about the effect of recent terrorism events or knife crime. We have prosecutors who go out of their way to deliver programmes for schools to warn about the consequences of knife crime.

“We need to explain what a good prosecuting authority is there for. It means having a robust trial – but the ultimate decision is made not by the CPS but by the jury, with suitable guidance from a judge. It’s not a failure of the CPS if someone is charged and eventually acquitted. It means the system has done its job.”