Linked Data API

Show Search Form

Search Results

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
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
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
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
834491
star this property registered interest false more like this
star this property date less than 2018-01-31more like thismore than 2018-01-31
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 Trials: Disclosure of Information 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 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. more like this
star this property tabling member printed
Lord Morris of Aberavon more like this
star this property uin HL5297 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 2018-02-12more like thismore than 2018-02-12
star this property 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> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2018-02-12T15:20:27.75Zmore like thismore than 2018-02-12T15:20:27.75Z
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
565
unstar this property label Biography information for Lord Morris of Aberavon more like this
834492
star this property registered interest false more like this
star this property date less than 2018-01-31more like thismore than 2018-01-31
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 Trials: Disclosure of Information 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, 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. more like this
star this property tabling member printed
Lord Morris of Aberavon more like this
star this property uin HL5298 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 2018-02-12more like thismore than 2018-02-12
star this property 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> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2018-02-12T15:25:26.257Zmore like thismore than 2018-02-12T15:25:26.257Z
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
565
unstar this property label Biography information for Lord Morris of Aberavon more like this
834493
star this property registered interest false more like this
star this property date less than 2018-01-31more like thismore than 2018-01-31
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 Trials: Disclosure of Information 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 review of disclosure procedures included a review of prosecutions in magistrates' courts; and if so, when they were included. more like this
star this property tabling member printed
Lord Morris of Aberavon more like this
star this property uin HL5299 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 2018-02-12more like thismore than 2018-02-12
star this property 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>
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2018-02-12T15:26:06.263Zmore like thismore than 2018-02-12T15:26:06.263Z
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
565
unstar this property label Biography information for Lord Morris of Aberavon more like this
834494
star this property registered interest false more like this
star this property date less than 2018-01-31more like thismore than 2018-01-31
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 Trials: Disclosure of Information 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 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. more like this
star this property tabling member printed
Lord Morris of Aberavon more like this
star this property uin HL5300 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 2018-02-12more like thismore than 2018-02-12
star this property 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> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2018-02-12T15:49:11.963Zmore like thismore than 2018-02-12T15:49:11.963Z
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
565
unstar this property label Biography information for Lord Morris of Aberavon more like this
834495
star this property registered interest false more like this
star this property date less than 2018-01-31more like thismore than 2018-01-31
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 Trials: Disclosure of Information 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 prosecution cases have collapsed because of a failure to disclose evidence in the last two years. more like this
star this property tabling member printed
Lord Morris of Aberavon more like this
star this property uin HL5301 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 2018-02-12more like thismore than 2018-02-12
star this property 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>
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2018-02-12T15:50:35.927Zmore like thismore than 2018-02-12T15:50:35.927Z
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
565
unstar this property label Biography information for Lord Morris of Aberavon more like this
453536
star this property registered interest false more like this
star this property date less than 2016-02-22more like thismore than 2016-02-22
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 Trials 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 Written Answer by Lord Keen of Elie on 19 February (HL5998), whether there are any circumstances under which the Crown Prosecution Service (CPS) may alter the speed at which video evidence is shown in court, and if so, whether the CPS is obliged to inform the court that the speed of the video evidence has been altered. more like this
star this property tabling member printed
Lord Blencathra more like this
star this property uin HL6238 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 2016-03-04more like thismore than 2016-03-04
star this property answer text <p>Video evidence is routinely examined in court during criminal trials either frame by frame or at different speeds in order to aid the court’s understanding. In the case of image stills, time stamps can be used to indicate the passage of time between images. Both defence and prosecution lawyers are under a professional duty not to mislead the court.</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 2016-03-04T12:04:10.857Zmore like thismore than 2016-03-04T12:04:10.857Z
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
497
unstar this property label Biography information for Lord Blencathra more like this