Hillsborough: Six police charged over, including David Duckenfield for manslaughter

Doves released during an annual memorial service for the 96 people who died at HillsboroughReuters

Two senior police officers are among six people who have been charged with criminal offences relating to the deaths of 96 people at the Hillsborough disaster.

David Duckenfield, Match Commander for South Yorkshire Police on the day of the disaster, has been charged with the manslaughter of 95 people.

Sue Hemming, head of special crime at the Crown Prosecution Service, told families about the charges at a private meeting this morning and the decision was then published in full on the CPS website.

She said: 'Following our careful review of the evidence, in accordance with the Code for Crown Prosecutors, I have decided that there is sufficient evidence to charge six individuals with criminal offences.

'Criminal proceedings have now commenced and the defendants have a right to a fair trial. It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.' 

There has been a long road to this point since the 1989 FA Cup semi-final between Liverpool and Nottingham Forest at Sheffield Wednesday's Hillsborough football ground and the alleged police cover-up which followed. The Anglican Bishop of Liverpool, James Jones, played a key role when he chaired a panel set up to supervise the disclosure of documents.

Lesser charges to do with misconduct and safety have been laid against Graham Henry Mackrell, who was Sheffield Wednesday's company secretary and safety officer, Peter Metcalf, the solicitor acting for the South Yorkshire Police during the Taylor Inquiry and the first inquests, former Chief Superintendent Donald Denton of South Yorkshire Police, former Detective Chief Inspector Alan Foster of South Yorkshire Police, and Norman Bettison, a former officer with South Yorkshire Police and subsequently Chief Constable of Merseyside and West Yorkshire Police.

The offences in total include gross negligence manslaughter, misconduct in public office, doing acts tending and intending to pervert the course of justice, health and safety at work and safety of sports grounds offences.

The charges came after investigators working for 'Operation Resolve' investigated the events of the 15th April 1989 when 96 Liverpool fans were tragically killed as the result of overcrowding in the central pens at the Leppings Lane end of the Hillsborough football stadium.

Hemming said: 'I have found that there is sufficient evidence to charge former Chief Superintendent David Duckenfield, who was the Match Commander on the day of the disaster, with the manslaughter by gross negligence of 95 men, women and children.

'We will allege that David Duckenfield's failures to discharge his personal responsibility were extraordinarily bad and contributed substantially to the deaths of each of those 96 people who so tragically and unnecessarily lost their lives. The offence clearly sets out the basis of those allegations.

'We are unable to charge the manslaughter of Anthony Bland, the 96th casualty, as he died almost four years later. The law as it applied then provided that no person could be guilty of homicide where the death occurred more than a year and a day later than the date when the injuries were caused.

'In order to prosecute this matter, the CPS will need to successfully apply to remove the stay imposed by a senior judge (now retired) at the end of the 1999 private prosecution when David Duckenfield was prosecuted for two counts of manslaughter by gross negligence previously. We will be applying to a High Court Judge to lift the stay and order that the case can proceed on a voluntary bill of indictment.'

Graham Henry Mackrell, who was Sheffield Wednesday Football Club's company secretary and safety officer at the time, is charged with two offences of contravening a term of condition of a safety certificate contrary to the Safety of Sports Grounds Act 1975 and one offence of failing to take reasonable care for the health and safety of other persons who may have been affected by his acts or omissions at work under the Health and Safety at Work Act 1974. These offences relate to alleged failures to carry out his duties as required.

Peter Metcalf, who was the solicitor acting for the South Yorkshire Police during the Taylor Inquiry and the first inquests, is charged with doing acts with intent to pervert the course of public justice relating to material changes made to witness statements. Mr Metcalf, an experienced solicitor, was instructed by Municipal Mutual Insurance to represent the interests of the force at the Taylor Inquiry and in any civil litigation that might result from the Hillsborough Disaster. He reviewed the accounts provided by the officers and made suggestions for alterations, deletions and amendments which we allege were directly relevant to the Salmon letter issued by the Taylor Inquiry and for which there appears to be no justification.

Former Chief Superintendent Donald Denton and former Detective Chief Inspector Alan Foster are similarly charged for their involvement in the same matter. It is alleged that Donald Denton oversaw the process of amending the statements and in doing so, he did acts that had a tendency to pervert the course of public justice and we will say that Alan Foster was central to the process of changing the statements and took action to do so.

Former Chief Constable Norman Bettison is charged with four offences of misconduct in public office relating to telling alleged lies about his involvement in the aftermath of Hillsborough and the culpability of fans. Given his role as a senior police officer, we will ask the jury to find that this was misconduct of such a degree as to amount to an abuse of the public's trust in the office holder.

The defendants, other than David Duckenfield, will appear at Warrington Magistrates' Court on 9 August 2017.

She decided not to prosecute the company which was the legal entity of Sheffield Wednesday Football Club at the time as it only now exists on paper.

She said: 'It is not the function of the CPS to decide whether a person is guilty of a criminal offence, but to make fair, independent and objective assessments about whether it is appropriate to present charges for the criminal court to consider. My assessment of the case is not in any sense a finding of, or implication of, any guilt or criminal conduct. It is not a finding of fact, which can only be made by a court, but rather an assessment of what it might be possible to prove to a court, in accordance with the Code for Crown Prosecutors.'