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764321
star this property registered interest false more like this
star this property date less than 2017-10-02more like thismore than 2017-10-02
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 Dangerous Driving: 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 how many drivers were prosecuted in (1) 2015, and (2) 2016, for failure to stop after a collision. more like this
star this property tabling member printed
Baroness Jones of Moulsecoomb more like this
star this property uin HL1658 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 2017-10-16more like thismore than 2017-10-16
star this property answer text <p>The Crown Prosecution Service (CPS) does not maintain a central record of the number of drivers prosecuted for offences of failing to stop at the scene of a road traffic accident.</p><p>The offence of failing to stop at the scene of a road traffic accident is created by Section 170 of the Road Traffic Act 1988 which imposes obligations on drivers of mechanically propelled vehicles who are involved in road accidents.</p><p>Although it is not possible to identify the number of <em>people</em> charged with particular offences, records are held by the CPS showing the overall number of <em>offences</em> in which a prosecution conducted by them commenced in the magistrates’ courts. The table below therefore shows the number of <em>offences</em>, rather than <em>defendants</em>, charged by way of Section 170 of the Road Traffic Act 1988 during 2015 and 2016. It should be noted that a single defendant may be charged with more than one offence.</p><table><tbody><tr><td><p> </p></td><td><p>2015</p></td><td><p>2016</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 170 }</p></td><td><p>9,825</p></td><td><p>9,056</p></td></tr><tr><td><p>Data Source: CPS Case Management Information System</p></td></tr></tbody></table><p>It should further be noted that failures to stop at the scenes of traffic accidents are specified proceedings. These are offences which the police prosecute in order to reduce unnecessary bureaucracy and ensure swifter justice. The CPS will only prosecute a specified offence in cases where a not guilty plea has been entered. It may also be the case that the CPS will prosecute this offence when the defendant is charged with other more serious associated offences (for example, failing to stop and dangerous driving or driving under the influence of alcohol). The figures in the table above do not include those specified cases prosecuted by the police.</p><p> </p>
star this property answering member printed Baroness Vere of Norbiton more like this
star this property question first answered
less than 2017-10-16T16:55:40.96Zmore like thismore than 2017-10-16T16:55:40.96Z
star this property answering member
4580
unstar this property label Biography information for Baroness Vere of Norbiton more like this
star this property tabling member
4297
unstar this property label Biography information for Baroness Jones of Moulsecoomb more like this
764322
star this property registered interest false more like this
star this property date less than 2017-10-02more like thismore than 2017-10-02
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 Driving Offences 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 how many people were killed or injured as a result of driving offences in (1) 2015, and (2) 2016; what was the victim’s road user mode in each case; and where those statistics are reported. more like this
star this property tabling member printed
Baroness Jones of Moulsecoomb more like this
star this property uin HL1659 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 2017-10-16more like thismore than 2017-10-16
star this property answer text <p>A number of offences under the Road Traffic Act 1988 involve causing death by driving, or may result in injury.</p><p>While the CPS does not maintain a central record of the number of people killed or injured as a result of driving offences, or the victim’s mode of transport at the time the offence or offences were committed, the table below shows the number of <em>offences</em>, (rather than defendants) charged under the relevant sections of the Road Traffic Act 1988 during 2015 and 2016. It should be noted that a single defendant may be charged with more than one offence.</p><table><tbody><tr><td><p> </p></td><td><p><strong>2015</strong></p></td><td><p><strong>2016</strong></p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 1 } <em>Causing death by dangerous driving</em></p></td><td><p>228</p></td><td><p>347</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 1A } <em>Causing serious injury by dangerous driving</em></p></td><td><p>392</p></td><td><p>504</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 2B } <em>Causing death by careless, or inconsiderate, driving</em></p></td><td><p>206</p></td><td><p>275</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 3A } <em>Causing death by careless driving: drink or drugs</em></p></td><td><p>26</p></td><td><p>45</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 3ZB } <em>Causing death by driving: unlicensed or uninsured drivers</em></p></td><td><p>67</p></td><td><p>87</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 3ZC } <em>Causing death by driving: disqualified drivers</em></p></td><td><p>0</p></td><td><p>4</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 3ZD } <em>Causing serious injury by driving: disqualified drivers</em></p></td><td><p>3</p></td><td><p>8</p></td></tr><tr><td><p>Data Source: CPS Case Management Information System</p></td></tr></tbody></table><p>Other road traffic offences can also involve death or injury which does not form part of the charge.</p><p> </p>
star this property answering member printed Baroness Vere of Norbiton more like this
star this property question first answered
less than 2017-10-16T16:50:32.963Zmore like thismore than 2017-10-16T16:50:32.963Z
star this property answering member
4580
unstar this property label Biography information for Baroness Vere of Norbiton more like this
star this property tabling member
4297
unstar this property label Biography information for Baroness Jones of Moulsecoomb more like this
782453
star this property registered interest false more like this
star this property date less than 2017-11-02more like thismore than 2017-11-02
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 under what authority the Crown Prosecution Service (CPS) has agreed a definition of racially and religiously aggravated crime that is wider than the legal definition under the Crime and Disorder Act 1998 and Criminal Justice Act 2003, as indicated in the CPS Public statement on prosecuting racist and religious hate crime published in August. more like this
star this property tabling member printed
Lord Vinson more like this
star this property uin HL2876 more like this
star this property answer
answer
star this property is ministerial correction true more like this
star this property date of answer less than 2017-11-16more like thismore than 2017-11-16
star this property answer text <p>In order to charge and prosecute hate crimes, the CPS uses the legal definition provided by the Crime and Disorder Act 1998 and Criminal Justice Act 2003. The shared police and CPS definition of hate crime is based on the perception of the victim or any other person and allows for case flagging and monitoring as well as appropriate victim support, it does not affect the charge.</p><p>This flagging definition comes from the recommended definition in the Macpherson report which was published in 1999 as a result of the inquiry into the murder of Stephen Lawrence. The Macpherson Report found a lack of confidence within communities that hate crime was being treated seriously by the police and Criminal Justice System and recommended that the definition of a racist incident should be, ‘any incident which is perceived to be racist by the victim or any other person’. Putting the victim’s perception at the heart of the definition gives a clear signal that, once flagged as a hate crime, an appropriate investigation will follow and evidence to support the law on hostility will be proactively sought. The definition seeks to encourage victims to report and to increase confidence in the Criminal Justice System.</p>
star this property answering member printed Baroness Vere of Norbiton more like this
star this property question first answered
less than 2017-11-16T16:44:23.703Zmore like thismore than 2017-11-16T16:44:23.703Z
star this property question first ministerially corrected
less than 2017-11-20T11:19:23.603Zmore like thismore than 2017-11-20T11:19:23.603Z
star this property answering member
4580
unstar this property label Biography information for Baroness Vere of Norbiton more like this
star this property previous answer version
22806
star this property answering member printed Lord Keen of Elie more like this
star this property answering member
4538
star this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
1807
unstar this property label Biography information for Lord Vinson more like this
169091
star this property registered interest false more like this
star this property date less than 2014-12-09more like thismore than 2014-12-09
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 RSPCA 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 how many times in 2012, 2013 and 2014 the Crown Prosecution Service has either taken over or forced discontinuation of a private prosecution brought by the RSCPA. more like this
star this property tabling member printed
Viscount Astor more like this
star this property uin HL3581 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 2014-12-18more like thismore than 2014-12-18
star this property answer text <p>The Crown Prosecution Service (CPS) does not maintain an authoritative central record of the number of private prosecutions taken over. To identify the exact number of times the CPS took over or forced the discontinuation of a private prosecution brought by the RSPCA would require a manual exercise to review individual files which would incur a disproportionate cost.</p><p> </p> more like this
star this property answering member printed Lord Gardiner of Kimble more like this
star this property question first answered
less than 2014-12-18T15:17:29.83Zmore like thismore than 2014-12-18T15:17:29.83Z
star this property answering member
4161
unstar this property label Biography information for Lord Gardiner of Kimble more like this
star this property tabling member
3429
unstar this property label Biography information for Viscount Astor more like this
1005633
star this property registered interest false more like this
star this property date less than 2018-11-12more like thismore than 2018-11-12
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: Northern Ireland 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 whether they intend to publish the legal advice prepared by the Attorney General for the Prime Minister on the Irish backstop proposals for the Brexit negotiations; whether the full advice was made available to members of the Cabinet; and if not, why not. more like this
star this property tabling member printed
Lord Myners more like this
star this property uin HL11404 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 2018-11-26more like thismore than 2018-11-26
star this property answer text <p>The Government recognises the legitimate desire in Parliament, from Members on all sides and in both Houses, to understand the legal implications of the final Withdrawal Agreement. The Government will therefore make available to all members of Parliament a full, reasoned position statement, setting out the Government’s agreed legal position on the Agreement, including the Irish backstop proposals. The Attorney will also make a statement to the House of Commons and take questions. This will help to ensure Parliament has all appropriate information ahead of the vote on the final deal.</p><p> </p><p>We expect the Attorney General’s statement to be repeated in the Lords, with questions.</p> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2018-11-26T13:40:39.573Zmore like thismore than 2018-11-26T13:40:39.573Z
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
3869
unstar this property label Biography information for Lord Myners 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
1056451
star this property registered interest false more like this
star this property date less than 2019-02-06more like thismore than 2019-02-06
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 Royal Albert Hall 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 when they estimate that the Attorney General will give his definitive ruling on the points of law arising from the case of the Royal Albert Hall and the Charity Commission. more like this
star this property tabling member printed
Lord Hodgson of Astley Abbotts more like this
star this property uin HL13508 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 2019-02-18more like thismore than 2019-02-18
star this property answer text <p>Last year the Charity Commission wrote to the Attorney General requesting his consent to refer five questions to the First-Tier Tribunal concerning the Corporation of the Hall of Arts and Sciences – i.e. the Royal Albert Hall, which is a registered charity. While the Charity Commission has the power to refer questions to the Tribunal, it may only do so with the consent of the Attorney General, as set out in section 325 of the Charities Act 2011.</p><p> </p><p>This is a complex case involving the application of modern day charity law to an organisation established over 150 years ago. Before making an assessment as to whether consent should be given to the Commission’s request, both the Corporation and the Commission were invited to make further representations to the Attorney General’s Office. It is important that these are considered carefully, taking into account all relevant factors. While it is not possible to provide an exact estimate as to when a decision will be made, the matter is being given careful thought with a view to reaching a decision as soon as possible.</p>
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2019-02-18T13:57:05.797Zmore like thismore than 2019-02-18T13:57:05.797Z
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
1651
unstar this property label Biography information for Lord Hodgson of Astley Abbotts more like this
1059216
star this property registered interest false more like this
star this property date less than 2019-02-11more like thismore than 2019-02-11
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 Sir Philip Green 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 whether Sir Phillip Green or any company, trust or other entity associated with him, has obtained an injunction against Her Majesty's Government or any government departments, agencies or public bodies since May 2010; if so, when any such injunction was granted; and when it was withdrawn. more like this
star this property tabling member printed
Lord Myners more like this
star this property uin HL13602 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 2019-02-21more like thismore than 2019-02-21
star this property answer text <p>The Government Legal Department (GLD) conducts civil litigation on behalf of most government departments and many (but not all) executive agencies and non-departmental public bodies.</p><p>GLD has no record of any injunctions obtained by Sir Philip Green, or any entity known by GLD to be connected with him, against any of the departments, agencies or bodies to which GLD provides litigation services.</p> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2019-02-21T12:19:00.177Zmore like thismore than 2019-02-21T12:19:00.177Z
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
3869
unstar this property label Biography information for Lord Myners more like this
1079618
star this property registered interest false more like this
star this property date less than 2019-03-01more like thismore than 2019-03-01
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 National Fund 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 whether they hold information about the identity of the donor who set up the National Fund. more like this
star this property tabling member printed
Baroness Hayter of Kentish Town more like this
star this property uin HL14160 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 2019-03-14more like thismore than 2019-03-14
star this property answer text <p>The National Fund was set up by a trust deed in 1928. The Fund is held on trust for the purpose of reducing the National Debt.</p><p>The 1928 deed does not record who the founder was, and it is apparent from accompanying documents that they wished to remain anonymous.</p><p>Her Majesty’s Government therefore does not hold information about the identity of the donor who set up the Fund.</p> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2019-03-14T17:12:40.857Zmore like thismore than 2019-03-14T17:12:40.857Z
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
4159
unstar this property label Biography information for Baroness Hayter of Kentish Town more like this
1079620
star this property registered interest false more like this
star this property date less than 2019-03-01more like thismore than 2019-03-01
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 National Fund 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 whether the Attorney General’s application to the High Court to release the assets of the National Fund has now been concluded; and if so, how those assets are shown in HM Treasury’s accounts. more like this
star this property tabling member printed
Baroness Hayter of Kentish Town more like this
star this property uin HL14162 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 2019-03-14more like thismore than 2019-03-14
star this property answer text <p>The National Fund was set up by a trust deed in 1928. The Fund is held on trust for the purpose of reducing the National Debt. According to expert evidence, there is no realistic prospect of the Fund ever amounting to a sum sufficient to pay off the whole of the National Debt.</p><p>The application made by the then Attorney General to the High Court on 22nd May 2018, to release the assets of the National Fund in order to pay down national debt, has not yet concluded. In February 2019 the High Court Listing Officer allocated a three day hearing during a five day window starting on 18 November 2019.</p> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2019-03-14T17:10:09.403Zmore like thismore than 2019-03-14T17:10:09.403Z
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
4159
unstar this property label Biography information for Baroness Hayter of Kentish Town more like this