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1010729
star this property registered interest false more like this
star this property date less than 2018-11-20more like thismore than 2018-11-20
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Dementia: Prosecutions more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, what guidance he has published on laying criminal charges against people with dementia. more like this
star this property tabling member constituency Hendon more like this
star this property tabling member printed
Dr Matthew Offord more like this
star this property uin 193451 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-11-28more like thisremove minimum value filter
star this property answer text <p>All decisions to prosecute made by the Crown Prosecution Service must meet the Full Code Test set out in the Code for Crown Prosecutors. The Code makes it clear that there is a balance to be struck between the public interest in diverting a defendant with significant mental illness such as dementia from the criminal justice system and other public interest factors in favour of prosecution, including the need to safeguard the public.</p><p>The eighth edition of the Code for Crown Prosecutors was published in October 2018. Prosecutors are asked to “have regard to whether the suspect is, or was at the time of the offence, affected by any significant mental or physical ill health or disability, as in some circumstances this may mean that it is less likely that a prosecution is required. However, prosecutors will also need to consider how serious the offence was, whether the suspect is likely to re-offend and the need to safeguard the public or those providing care to such persons.”</p><p>The existing CPS legal guidance on prosecuting ‘Mentally Disordered Offenders’ is currently being revised to include specific guidance on prosecuting cases where the suspect suffers from a condition such as dementia. This will be published for public consultation in 2019.</p>
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-11-28T09:36:50.033Zmore like thismore than 2018-11-28T09:36:50.033Z
star this property answering member
4106
unstar this property label Biography information for Robert Buckland more like this
star this property tabling member
4006
unstar this property label Biography information for Dr Matthew Offord more like this
1012534
star this property registered interest false more like this
star this property date less than 2018-11-22more like thismore than 2018-11-22
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Hate Crime: Prosecutions more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty's Government, further to the reply by Baroness Vere of Norbiton on 6 December 2017 (HL Deb, col 1051), whether Baroness Vere of Norbiton wrote to the Director of Public Prosecutions to ask whether she agrees that the definition of hate crime is broader than what is in statute and on what authority any broadening was based; and if so, what reply she received. more like this
star this property tabling member printed
Lord Pearson of Rannoch more like this
star this property uin HL11726 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-12-04more like thismore than 2018-12-04
star this property answer text <p>Baroness Vere of Norbiton wrote to the Director of Public Prosecutions (DPP) on 13 December 2017. The DPP provided her response on 9 January 2018.</p><p> </p><p>In her response, the then DPP confirmed that the flagging definition for hate crime was agreed between the CPS and the NPCC (ACPO as it was then) in 2007 and that it is wider than the definition set out in legislation to ensure all relevant cases are captured.</p><p> </p><p>The CPS adopted the recommended definition in the Macpherson report published in 1999 as a result of the inquiry into the murder of Stephen Lawrence. The Macpherson report also recommended that ‘this definition should be universally adopted by the Police, local Government and other relevant agencies’.</p><p> </p><p>The recommendations of the Macpherson report were welcomed by the Government at the time and the current Government remains in support of this position. The CPS has worked with police to implement the recommended definition across all strands of hate crime. The CPS takes tackling hate crime seriously and recognises the need to increase public confidence to report. The flagging definition is important in achieving this aim.</p><p> </p><p>In order for a crime to be charged and prosecuted as a hate crime, the CPS uses the legal definitions contained in the Crime and Disorder Act 1998 (CDA 1998) and the Criminal Justice Act 2003 (CJA 2003). This means that not every incident that the victim or another person has perceived to be a hate crime will actually be a hate crime in law.</p><p> </p><p>In her letter, the then DPP also confirmed that the CPS legal guidance recognises the potential impact of prosecutions on Article 10 of the European Convention on Human Rights (the right to freedom of expression). The CPS must balance the rights of an individual to freedom of speech against the duty of the state to act proportionately and to protect the rights of others.</p>
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2018-12-04T13:13:56.54Zmore like thismore than 2018-12-04T13:13:56.54Z
star this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
3153
unstar this property label Biography information for Lord Pearson of Rannoch more like this
1013068
star this property registered interest false more like this
star this property date less than 2018-11-23more like thismore than 2018-11-23
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Crown Prosecution Service: Staff more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, pursuant to the Answer of 20 November 2018 to Question 191883, what the change was in the number of (a) full-time and (b) part-time personnel employed by the Crown Prosecution Service between (i) 2012-13 and (ii) 2017-18. more like this
star this property tabling member constituency East Londonderry more like this
star this property tabling member printed
Mr Gregory Campbell more like this
star this property uin 195034 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-11-28more like thisremove minimum value filter
star this property answer text <p>Details of the full time and part time personnel employed by the Crown Prosecution Service in 2012/13 and 2017/18 are shown in the table below.</p><p> </p><table><tbody><tr><td><p><strong>Year</strong></p></td><td><p><strong>Full Time Personnel</strong></p></td><td><p><strong>Part Time Personnel</strong></p></td><td><p><strong>Totals</strong></p></td></tr><tr><td><p><strong>2012/13</strong></p></td><td><p>5468</p></td><td><p>1861</p></td><td><p>7329</p></td></tr><tr><td><p><strong>2017/18</strong></p></td><td><p>4417</p></td><td><p>1563</p></td><td><p>5980</p></td></tr><tr><td><p><strong>Difference</strong></p></td><td><p>-1051</p></td><td><p>-298</p></td><td><p>-1349</p></td></tr></tbody></table><p><em>(Data Source CPS Trent HR Database as at 26/11/18)</em></p> more like this
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-11-28T11:20:37.25Zmore like thismore than 2018-11-28T11:20:37.25Z
star this property answering member
4106
unstar this property label Biography information for Robert Buckland more like this
star this property tabling member
1409
unstar this property label Biography information for Mr Gregory Campbell more like this
1013111
star this property registered interest false more like this
star this property date less than 2018-11-23more like thismore than 2018-11-23
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Money Laundering: Convictions and Prosecutions more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, how many accountants have been (a) prosecuted and (b) convicted for high-end money laundering by the (i) Serious Fraud Office and (ii) Crown Prosecution Service in each year since 2014. more like this
star this property tabling member constituency Newcastle upon Tyne North more like this
star this property tabling member printed
Catherine McKinnell more like this
star this property uin 195059 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-11-28more like thisremove minimum value filter
star this property answer text <p>Sections 327, 328, 329 and 330 of the Proceeds of Crime Act 2002 create provisions to deal with offences of money laundering. The Ministry of Justice publishes data on the number of prosecutions and convictions under POCA where money laundering is the principal offence. There is no legal definition or specific criminal offence of “high end” money laundering. The Crown Prosecution Service (CPS) does not maintain a central record of the number of defendants prosecuted for, and convicted of these offences. This information could only be obtained by examining CPS case files, which would incur disproportionate cost.</p><p> </p><p>CPS holds limited information on the number of offences which were charged and which reached a first hearing in the Magistrates Court. This does not equate to the number of defendants charged as single defendant may be charged with more than one offence. The figures for the period since 2014 are provided in the table below.</p><table><tbody><tr><td><p> </p></td><td><p>2015-2016</p></td><td><p>2016-2017</p></td><td><p>2017-2018</p></td></tr><tr><td><p>Sections 327 to 330 - Proceeds of Crime Act 2002</p></td><td><p>4,542</p></td><td><p>4,866</p></td><td><p>4,813</p></td></tr></tbody></table><p> </p><p>The Serious Fraud Office (SFO) has prosecuted four individuals for money laundering offences since 2014. Two of these prosecutions resulted in a successful conviction in 2018. One of the two people who was prosecuted but acquitted was a qualified accountant.</p>
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-11-28T09:48:33.693Zmore like thismore than 2018-11-28T09:48:33.693Z
star this property answering member
4106
unstar this property label Biography information for Robert Buckland more like this
star this property tabling member
4125
unstar this property label Biography information for Catherine McKinnell more like this
1013112
star this property registered interest false more like this
star this property date less than 2018-11-23more like thismore than 2018-11-23
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Money Laundering: Convictions and Prosecutions more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, how many estate agents have been (a) prosecuted and (b) convicted for high-end money laundering by the (i) Serious Fraud Office and (ii) Crown Prosecution Service in each year since 2014. more like this
star this property tabling member constituency Newcastle upon Tyne North more like this
star this property tabling member printed
Catherine McKinnell more like this
star this property uin 195060 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-11-28more like thisremove minimum value filter
star this property answer text <p>Sections 327, 328, 329 and 330 of the Proceeds of Crime Act 2002 create provisions to deal with offences of money laundering. The Ministry of Justice publishes data on the number of prosecutions and convictions under POCA where money laundering is the principal offence. There is no legal definition or specific criminal offence of “high end” money laundering. The Crown Prosecution Service (CPS) does not maintain a central record of the number of defendants prosecuted for, and convicted of these offences. This information could only be obtained by examining CPS case files, which would incur disproportionate cost.</p><p> </p><p>CPS holds limited information on the number of offences which were charged and which reached a first hearing in the Magistrates Court. This does not equate to the number of defendants charged as single defendant may be charged with more than one offence. The figures for the period since 2014 are provided in the table below.</p><table><tbody><tr><td><p> </p></td><td><p>2015-2016</p></td><td><p>2016-2017</p></td><td><p>2017-2018</p></td></tr><tr><td><p>Sections 327 to 330 - Proceeds of Crime Act 2002</p></td><td><p>4,542</p></td><td><p>4,866</p></td><td><p>4,813</p></td></tr></tbody></table><p> </p><p>The Serious Fraud Office (SFO) has prosecuted four individuals for money laundering offences since 2014. Two of these prosecutions resulted in a successful conviction in 2018.</p>
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-11-28T09:49:33.973Zmore like thismore than 2018-11-28T09:49:33.973Z
star this property answering member
4106
unstar this property label Biography information for Robert Buckland more like this
star this property tabling member
4125
unstar this property label Biography information for Catherine McKinnell more like this
1015154
star this property registered interest false more like this
star this property date less than 2018-11-26more like thismore than 2018-11-26
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Police: Crimes of Violence more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, how many police officers have been charged with (a) grievous bodily harm or (b) actual bodily harm by the Crown Prosecution Service and then acquitted after a trial in each of the last five years for which figures are available. more like this
star this property tabling member constituency Oxford West and Abingdon more like this
star this property tabling member printed
Layla Moran more like this
star this property uin 195659 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-12-03more like thismore than 2018-12-03
star this property answer text <p>The offences of grievous and actual bodily harm are created by the Offences against the Person Act 1861. The Crown Prosecution Service (CPS) does not maintain a central record of defendants charged with, or prosecuted for these offences. This information could only be obtained by examining CPS case files, which would incur disproportionate cost.</p><p> </p><p>While the CPS does not hold a central record of defendants prosecuted by specific offences, records are held reporting the number of defendants, identified as being persons serving with the police, who are assigned the Principal Offence Category ‘Offences against the Person’ at finalisation. Persons serving with the police are defined as, and include, police staff, community support officers and contracted escort and detention officers in addition to serving police officers. These figures are identified by way of a monitoring flag, administered by a member of staff highlighting it as a “Police complaint” case.</p><p> </p><p>The table below shows the number of prosecuted defendants, flagged as being persons serving with the police and whose Principal Offence Category was identified as ‘Offences against the Person’, in each of the last five years.</p><p> </p><table><tbody><tr><td><p> </p></td><td><p><strong>2013-2014</strong></p></td><td><p><strong>2014-2015</strong></p></td><td><p><strong>2015-2016</strong></p></td><td><p><strong>2016-2017</strong></p></td><td><p><strong>2017-2018</strong></p></td></tr><tr><td><p><strong>Total Defendants Prosecuted</strong></p></td><td><p>43</p></td><td><p>45</p></td><td><p>121</p></td><td><p>94</p></td><td><p>92</p></td></tr><tr><td><p><strong>Total Trials </strong></p></td><td><p>16</p></td><td><p>18</p></td><td><p>31</p></td><td><p>21</p></td><td><p>39</p></td></tr><tr><td><p><strong>Convicted after Trial </strong></p></td><td><p>9</p></td><td><p>10</p></td><td><p>13</p></td><td><p>8</p></td><td><p>18</p></td></tr><tr><td><p><strong>Acquitted after Trial </strong></p></td><td><p>7</p></td><td><p>8</p></td><td><p>18</p></td><td><p>13</p></td><td><p>21</p></td></tr><tr><td><p><strong>% Acquitted </strong></p></td><td><p><strong>44%</strong></p></td><td><p><strong>44%</strong></p></td><td><p><strong>58%</strong></p></td><td><p><strong>62%</strong></p></td><td><p><strong>54%</strong></p></td></tr></tbody></table>
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-12-03T12:35:18.807Zmore like thismore than 2018-12-03T12:35:18.807Z
star this property answering member
4106
unstar this property label Biography information for Robert Buckland more like this
star this property tabling member
4656
unstar this property label Biography information for Layla Moran more like this
1017238
star this property registered interest false more like this
star this property date less than 2018-11-29more like thismore than 2018-11-29
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Attorney General: Billing more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, whether his Department holds data on the proportion of contracts issued by (a) his Department and (b) contractors to his Department that include provisions to impose that any payment due to a subcontractor be made no later than 30 days from the date on which the relevant invoice is regarded as valid and undisputed as required by the Public Contract Regulations 2015. more like this
star this property tabling member constituency Hemsworth more like this
star this property tabling member printed
Jon Trickett more like this
star this property uin 197330 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-12-12more like thismore than 2018-12-12
star this property answer text <p>The Serious Fraud Office (SFO) keeps a central database of contracts it issues. All contracts issued since 2015 that permit subcontracting have contained such provisions.</p><p>The Government Legal Department (GLD), Attorney General’s Office (AGO), HM Crown Prosecution Service Inspectorate (HMCPSI) and Crown Prosecution Service (CPS) do not centrally hold this data. To calculate or estimate this would involve a manual check of contracts held and this would incur disproportionate cost.</p><p>For future exercises with an anticipated contract value above £5 million per annum, the CPS will apply the requirements of Procurement Policy Note 04/18 (published 29 November 2018). This requires departments to include ‘prompt payment’ questions in the selection of future suppliers.</p> more like this
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-12-12T15:03:01.3Zmore like thismore than 2018-12-12T15:03:01.3Z
star this property answering member
4106
unstar this property label Biography information for Robert Buckland more like this
star this property tabling member
410
unstar this property label Biography information for Jon Trickett more like this
1019411
star this property registered interest false more like this
star this property date less than 2018-12-03more like thismore than 2018-12-03
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Knives: Crime more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, what estimate his Department has made of the proportion of knife related incidents that have not resulted in a successful prosecution in (a) Coventry, (b) the West Midlands and (c) the UK in each year since 2010. more like this
star this property tabling member constituency Coventry South more like this
star this property tabling member printed
Mr Jim Cunningham more like this
star this property uin 198171 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-12-06more like thismore than 2018-12-06
star this property answer text <p>The Crown Prosecution Service (CPS) does not maintain a central record of the number of cases relating to knife crime incidents that have not resulted in a successful prosecution. This information could only be obtained by examining CPS case files, which would incur disproportionate cost.</p><p>National figures on selected offences involving a knife or sharp instrument may be obtained from the <em>Crime in England and Wales Bulletin Tables</em> published by the Office of National Statistics.</p><p>National figures on the numbers of prosecutions and outcomes for specific criminal offences including possession of weapons may be obtained from the official statistics published by the Ministry of Justice.</p><p>Prosecutions for knife related incidents may be brought by way of Section 139 of the Criminal Justice Act 1988 which provides for the offence of possession of a bladed or pointed article in a public place or Section 1 of the Prevention of Crime Act 1953 which makes the possession of an offensive weapon in a public place an offence.</p><p>The information held by CPS on such offences is limited to the number of offences in which a CPS prosecution was charged and which reached a first hearing in the Magistrates Court. The tables below show the number of these offences for England and Wales and the West Midlands CPS Area.</p><table><tbody><tr><td colspan="2"><p><strong>Table 1 - England &amp; Wales</strong></p></td></tr><tr><td><p> </p></td><td><p><strong>2010-2011</strong></p></td><td><p><strong>2011-2012</strong></p></td><td><p><strong>2012-2013</strong></p></td><td><p><strong>2013-2014</strong></p></td><td><p><strong>2014-2015</strong></p></td><td><p><strong>2015-2016</strong></p></td><td><p><strong>2016-2017</strong></p></td><td><p><strong>2017-2018</strong></p></td></tr><tr><td><p>Criminal Justice Act 1988 { 139 }</p></td><td><p>12,717</p></td><td><p>12,641</p></td><td><p>10,483</p></td><td><p>11,090</p></td><td><p>11,712</p></td><td><p>13,261</p></td><td><p>15,204</p></td><td><p>16,619</p></td></tr><tr><td><p>Prevention of Crime Act 1953 { 1 }</p></td><td><p>12,387</p></td><td><p>11,272</p></td><td><p>9,460</p></td><td><p>8,846</p></td><td><p>9,018</p></td><td><p>9,821</p></td><td><p>10,789</p></td><td><p>10,906</p></td></tr></tbody></table><table><tbody><tr><td colspan="2"><p><strong>Table 2 - West Midlands CPS Area</strong></p></td></tr><tr><td><p> </p></td><td><p><strong>2010-2011</strong></p></td><td><p><strong>2011-2012</strong></p></td><td><p><strong>2012-2013</strong></p></td><td><p><strong>2013-2014</strong></p></td><td><p><strong>2014-2015</strong></p></td><td><p><strong>2015-2016</strong></p></td><td><p><strong>2016-2017</strong></p></td><td><p><strong>2017-2018</strong></p></td></tr><tr><td><p>Criminal Justice Act 1988 { 139 }</p></td><td><p>1,147</p></td><td><p>1,259</p></td><td><p>1,036</p></td><td><p>1,078</p></td><td><p>1,145</p></td><td><p>1,455</p></td><td><p>1,676</p></td><td><p>1,890</p></td></tr><tr><td><p>Prevention of Crime Act 1953 { 1 }</p></td><td><p>1,123</p></td><td><p>1,054</p></td><td><p>822</p></td><td><p>877</p></td><td><p>914</p></td><td><p>994</p></td><td><p>1,158</p></td><td><p>1,183</p></td></tr></tbody></table><p>It should be noted that the figures relate to the number of offences and not the number of individual defendants. It is often the case that an individual defendant is charged with more than one offence.</p>
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-12-06T17:32:34.517Zmore like thismore than 2018-12-06T17:32:34.517Z
star this property answering member
4106
unstar this property label Biography information for Robert Buckland more like this
star this property tabling member
308
unstar this property label Biography information for Mr Jim Cunningham more like this
1019991
star this property registered interest false more like this
star this property date less than 2018-12-04more like thismore than 2018-12-04
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Brexit: Legal Opinion more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, whether his Department will publish the full legal advice on the EU Withdrawal Agreement before the House votes on the Motion to approve that Agreement on 11 December 2018. more like this
star this property tabling member constituency Upper Bann more like this
star this property tabling member printed
David Simpson more like this
star this property uin 198781 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-12-10more like thismore than 2018-12-10
star this property answer text <p>A copy of the final advice that the Attorney General provided to Cabinet on 14 November on the legal effect of the Withdrawal Agreement was published on 5 December. Copies have been placed in both libraries of the House and can be found online <a href="https://www.gov.uk/government/publications/exiting-the-eu-publication-of-legal-advice" target="_blank">here</a>.</p> more like this
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-12-10T12:58:50.59Zmore like thismore than 2018-12-10T12:58:50.59Z
star this property answering member
4106
unstar this property label Biography information for Robert Buckland more like this
star this property tabling member
1597
unstar this property label Biography information for David Simpson more like this
1020431
star this property registered interest false more like this
star this property date less than 2018-12-05more like thismore than 2018-12-05
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Crown Prosecution Service more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, pursuant to the Answer of 26 November 2018 to Question 194050 on Crown Prosecution Service: Staff, how many minor motoring cases were transferred to the police in the same period. more like this
star this property tabling member constituency Birmingham, Selly Oak more like this
star this property tabling member printed
Steve McCabe more like this
star this property uin 199279 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-12-10more like thismore than 2018-12-10
star this property answer text <p>The Prosecution of Offences Act 1985 (the 1985 Act) provides that the DPP had a duty to take over the conduct of all criminal proceedings, save for specified proceedings.</p><p> </p><p>Specified proceedings are designated by Section 3(3) of the Prosecution of Offences Act 1985 and the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 (the 1999 order) and include most motoring offences which are commenced by the police in accordance with Section 12 Magistrates’ Courts Act 1980.</p><p> </p><p>In 2012, the following motoring offences were added to the list of specified proceedings:</p><p> </p><table><tbody><tr><td><p><strong>No</strong></p></td><td><p><strong>Section</strong></p></td><td><p><strong>Statute</strong></p></td><td><p><strong>Offence</strong></p></td></tr><tr><td><p>1.</p></td><td><p>s.3</p></td><td><p>Road Traffic Act 1988</p></td><td><p>Careless and inconsiderate driving</p></td></tr><tr><td><p>2.</p></td><td><p>s.35</p></td><td><p>Road Traffic Act 1988</p></td><td><p>Failing to comply with a traffic direction</p></td></tr><tr><td><p>3.</p></td><td><p>s.163</p></td><td><p>Road Traffic Act 1988</p></td><td><p>Failing to stop a motor vehicle or bicycle when required to do so by the police</p></td></tr><tr><td><p>4.</p></td><td><p>s.170</p></td><td><p>Road Traffic Act 1988</p></td><td><p>Failing to stop, report an accident or give information or documents when required to do so</p></td></tr></tbody></table><p> </p><p>The Crown Prosecution Service (CPS) holds no record of the number of these motoring cases that were prosecuted by the police.</p><p> </p><p>The CPS does however maintain a central record of the volumes of completed prosecutions, assigned the Principal Offence Category ‘Motoring Offences’, as a count of the number of defendants.</p><p> </p><p>The table below shows that the number of these prosecutions has fallen between 2008 and 2018 as a likely result of the additional motoring offences having been added to the list of specified proceedings.</p><table><tbody><tr><td><p> </p></td><td><p><strong>Year Ending September 2008</strong></p></td><td><p><strong>Year Ending September 2018</strong></p></td><td><p><strong>Volume change</strong></p></td><td><p><strong>% Change</strong></p></td></tr><tr><td><p>CPS Motoring Offences Prosecution Caseload</p></td><td><p>379,837</p></td><td><p>99,331</p></td><td><p>-280,506</p></td><td><p>-73.8%</p></td></tr></tbody></table><table><tbody><tr><td><p><em>Data Source: Case Management Information System</em></p></td></tr></tbody></table>
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-12-10T16:13:58.843Zmore like thismore than 2018-12-10T16:13:58.843Z
star this property answering member
4106
unstar this property label Biography information for Robert Buckland more like this
star this property attachment
1
star this property file name 199279 and 199280 Annex 1 - Steve McCabe.doc more like this
star this property title Annex 1 more like this
star this property tabling member
298
unstar this property label Biography information for Steve McCabe more like this