Two career criminal brothers classed as "gold status gun crime nominals" by police won an appeal against an onerous court order on a technicality after the Crown Prosecution Service (CPS) made a mistake with its paperwork.
Kirkby brothers James Shirley and Ross Shirley were handed Serious Crime Prevention Orders (SCPOs) in June 2021, two years after they were jailed over a multi-million pounds mortgage and luxury car fraud scheme. The orders are designed to curb the lifestyles of serious organised criminals after release to protect the public and can include restrictions on associating with other criminals or possessing cash or mobile phones.
However due to "careless disregard" by CPS lawyers, the men were able to argue the CPS had failed to include the correct 'prosecuting authority' who signed off on the orders, in breach of legislation preventing their misuse. The Court of Appeal heard that both men were considered "career criminals" by Merseyside Police and were believed to have been involved in guns, drugs and money laundering offences.
