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1126324

	registered interest
	date	13/05/2019
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Mobile Phones: Evidence
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the answer by Baroness Williams of Trafford on 8 May (HL Deb, col 1220), whether the Attorney General will personally supervise the review of the digital evidence consent form; and whether the views of police and crime commissioners were taken into account in the development of that form.
	tabling member printed	Lord Morris of Aberavon
	uin	HL15684
	answer	answer is ministerial correction date of answer 28/05/2019 answer text <p>The digital evidence consent forms are overseen by the National Police Chiefs’ Council and the Crown Prosecution Service, and they will continue to engage with victims’ groups and the Information Commissioner’s Office to ensure that the right approach is being taken. A draft of the form was issued to a number of stakeholders during development, and this included the Association of Police and Crime Commissioners. The Attorney General will be issuing new Attorney General’s Guidelines on Disclosure in the winter. These Guidelines will assist prosecutors and investigators in ensuring that privacy and data protection considerations are properly considered in disclosure practice and procedure.</p><p> </p> answering member printed Lord Keen of Elie question first answered 28/05/2019 15:14:22 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

1123768

	registered interest
	date	29/04/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Judge Advocate General
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how many Judge Advocates sit in civilian courts; and how many are licensed to try (1) murder, and (2) rape cases.
	tabling member printed	Lord Morris of Aberavon
	uin	HL15406
	answer	answer is ministerial correction date of answer 14/05/2019 answer text <p>All six currently serving Judge Advocates are eligible to sit in the Crown Court and do so regularly. The Judge Advocate General is a Senior Circuit Judge and the Vice-Judge Advocate General and one Assistant-Judge Advocate General also hold appointments as Recorders. The other three Assistant-Judge Advocate Generals are entitled to sit under the Armed Forces Act 2011 s26.</p><p> </p><p>The Judge Advocate General is ticketed to try murder cases in the Crown Court. The Judge Advocate General, the Vice-Judge Advocate General and one Assistant-Judge Advocate General are ticketed to try rape cases.</p><p> </p><p>Judge Advocates attend the same training as a Circuit Judge sitting in the Crown Court.</p> answering member printed Lord Keen of Elie question first answered 14/05/2019 16:35:16 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

1047841

	registered interest
	date	24/01/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Ministry of Justice: ICT
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the answers by Lord Keen of Elie (HL Deb, col 706) and the Parliamentary Under Secretary of State for Justice (HC Deb, col 248) on 23 January, whether there are penalty clauses in the contractual arrangements with their IT system supplier; and if so, what are the effects of such clauses.
	tabling member printed	Lord Morris of Aberavon
	uin	HL13119
	answer	answer is ministerial correction date of answer 06/02/2019 answer text <p>There are penalty clauses within the contract in question, these penalties are financial and are based on contractually agreed performance criteria.</p><p>Dependent on the nature of the incident or contractual breach, additional commercial remedies exist, these include rights of step-in or termination.</p> answering member printed Lord Keen of Elie question first answered 06/02/2019 12:41:47 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

930919

	registered interest
	date	25/06/2018
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Coroners
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they intend to consult the Chief Coroner about extending the remit of coroners to cover unusual numbers of deaths certified by individual GPs or in specific medical establishments.
	tabling member printed	Lord Morris of Aberavon
	uin	HL8919
	answer	answer is ministerial correction date of answer 09/07/2018 answer text <p>There are no plans to extend the coroner’s remit in this way. By April 2019 the Government is planning to introduce a system of medical examiners in England who will review the certification of deaths not referred to the coroner. They will also report matters of a clinical governance nature which will support local learning and help to determine changes to practice and procedures.</p> answering member printed Lord Keen of Elie question first answered 09/07/2018 16:50:37 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

834491

	registered interest
	date	31/01/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Trials: Disclosure of Information
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government when they received the Joint Inspectorate report into disclosure of evidence; and when the Attorney General launched his review of the rules and guidance relating to the disclosure of evidence.
	tabling member printed	Lord Morris of Aberavon
	uin	HL5297
	answer	answer is ministerial correction date of answer 12/02/2018 answer text <p>The Attorney General’s Office received a copy of the Report of the Joint Inspection of the Disclosure of Unused Material in Volume Crown Court Cases from HM Crown Prosecution Service Inspectorate on 4<sup>th</sup> July 2017.</p><p>The findings, and updates on progress against the report’s recommendations, were discussed at regular superintendence meetings with the Director of Public Prosecutions.</p><p>The Attorney General’s review was scoped and planned over subsequent months and the review team commenced work on the review itself on 4<sup>th</sup> December 2017.</p><p>On 11<sup>th</sup> December 2017 in a written ministerial statement on economic crime and anti-corruption [HLWS325], the Home Secretary formally announced that there would be a review of disclosure procedures led by the Attorney General.</p><p> </p> answering member printed Lord Keen of Elie question first answered 12/02/2018 15:20:27 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

834492

	registered interest
	date	31/01/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Trials: Disclosure of Information
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, for the last available year, how many cases were not proceeded with in magistrates' courts on the date fixed for trial because of a failure by the prosecution to disclose evidence.
	tabling member printed	Lord Morris of Aberavon
	uin	HL5298
	answer	answer is ministerial correction date of answer 12/02/2018 answer text <p>CPS data for 2016-17 records that there were prosecutions of 499,816 defendants completed in the magistrates’ court, resulting in the conviction of 423,715 defendants, a conviction rate of 84.8%.</p><p>There are a number of reasons why a case may not be proceeded with after charge. Review of cases is a continuing process and prosecutors must take account of any change in circumstances that occurs as the case develops, particularly as details of the defence case become known.</p><p>Internal CPS case outcome recording data does not record cases by reference to the date on which the decision not to proceed was made. It is therefore not possible to provide data for cases that were not proceeded with on the date fixed for trial. Issues relating to the failure to disclosure unused material accounted for 1% of the cases that did not result in a conviction in the magistrates’ court in that year.</p><p> </p> answering member printed Lord Keen of Elie question first answered 12/02/2018 15:25:26 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

834493

	registered interest
	date	31/01/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Trials: Disclosure of Information
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether the Attorney General's review of disclosure procedures included a review of prosecutions in magistrates' courts; and if so, when they were included.
	tabling member printed	Lord Morris of Aberavon
	uin	HL5299
	answer	answer is ministerial correction date of answer 12/02/2018 answer text <p>The Attorney General’s review of disclosure is a review of the efficiency and effectiveness of disclosure in the criminal justice system, including specifically how processes and policies are implemented by prosecution and defence practitioners, police officers and investigators.</p><p>The review will consider evidence under the following cross-cutting themes:</p><p>a) Processes within ‘volume’ cases (within the Crown Courts and Magistrates’ Courts) and ‘complex cases’ including economic crime;</p><p>b) Guidance, including any Codes of Practices, Protocols or Guidelines and legislation;</p><p>c) Case management, including initiatives such as ‘Transforming Summary Justice’, ‘Better Case Management’ and ‘Digital Casework’; and</p><p>d) Capabilities across criminal justice system including staffing, training, existing tools and digital technology.</p><p>The scope of the review is wide and has always included disclosure in magistrates’ courts. The Terms of Reference will be published on the Attorney General’s Office website.</p><p> </p> answering member printed Lord Keen of Elie question first answered 12/02/2018 15:26:06 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

834494

	registered interest
	date	31/01/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Trials: Disclosure of Information
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government when the Attorney General received a letter from the Chairman of the Criminal Cases Review Commission on the issue of disclosure of evidence; and whether that correspondence can, and will, be published.
	tabling member printed	Lord Morris of Aberavon
	uin	HL5300
	answer	answer is ministerial correction date of answer 12/02/2018 answer text <p>The Attorney General’s Office received a letter regarding disclosure in criminal proceedings from the Chairman of the Criminal Cases Review Commission on 7 July 2016. The text of the letter is published on their website ccrc.gov.uk. It highlighted that particular attention would be drawn to the issue in their annual report published later that month.</p><p>In April 2016 the Attorney General wrote to the Criminal Justice Joint Inspectorates supporting a proposal for a joint thematic inspection of disclosure as one of the most important issues in the trial process and a vital component of a fair trial.</p><p>The CCRC letter was drawn to the attention of Her Majesty’s Chief Inspector of the Crown Prosecution Service to assist preparation for the joint inspection of disclosure which was carried out between January and July 2017.</p> answering member printed Lord Keen of Elie question first answered 12/02/2018 15:49:11 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

834495

	registered interest
	date	31/01/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Trials: Disclosure of Information
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how many prosecution cases have collapsed because of a failure to disclose evidence in the last two years.
	tabling member printed	Lord Morris of Aberavon
	uin	HL5301
	answer	answer is ministerial correction date of answer 12/02/2018 answer text <p>Prosecutors should identify and, where appropriate, seek to rectify evidential weaknesses in a case. However, they should stop cases which do not meet the evidential stage of the Full Code Test in the Code for Crown Prosecutors and which cannot be strengthened by further investigation, or where the public interest clearly does not require a prosecution. There is a continuing duty of review throughout the case.</p><p>Internal CPS case outcome recording data for 2015-17 shows that issues connected to the disclosure of unused material were recorded as the primary reason in 0.81% of all prosecutions that did not result in a conviction.</p><p>Other reasons prosecutions may be stopped include that new material reviewed during the case reveals evidence which undermines the prosecution case, key witnesses do not attend, key evidence is ruled inadmissible, or other circumstances change to the extent that a charge no longer meets the evidential stage of the Full Code Test.</p><p>The most frequent reason that a prosecution did not result in a conviction was that the defendant was acquitted after trial. This was the reason in 25% of such cases.</p> answering member printed Lord Keen of Elie question first answered 12/02/2018 15:50:35 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

827893

	registered interest
	date	22/01/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Law Officers: Disclosure of Information
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 8 January (HL4364), whether there have been instances where the advice of the law officers has been shared with Parliament in the last 30 years.
	tabling member printed	Lord Morris of Aberavon
	uin	HL4943
	answer	answer is ministerial correction date of answer 05/02/2018 answer text <p>There have been rare instances in the past where a Minister has shared legal advice with Parliament. However, the policy of successive Governments (in line with Constitutional convention) remains that we do not comment on advice that may or may not have been given by the Law Officers, other than in exceptional circumstances and with the Law Officers’ consent.</p><p> </p> answering member printed Lord Keen of Elie question first answered 05/02/2018 17:41:07 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon