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1007043

	registered interest
	date	14/11/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Domestic Abuse: Restraining Orders
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, whether he has had any discussions with the CPS on introducing tighter restrictions on the circumstances in which a restraining order may be varied to prevent the situation whereby a perpetrator of domestic abuse is granted a variation that permits them to work within a one mile radius from their victim.
	tabling member constituency	Harlow
	tabling member printed	Robert Halfon
	uin	191386
	answer	answer is ministerial correction date of answer 27/11/2018 answer text <p>The Attorney General and Solicitor General meet the director of Public Prosecutions regularly to discuss CPS priority areas which includes ensuring that the CPS continues to protect vulnerable victims of crime. However, the Law Officers do not intervene on individual cases; judges have discretion to make decisions based on the evidence before them.</p><p>Section 12 of the Domestic Violence, Crime and Victims Act 2004 enables courts to make restraining orders at the conclusion of a case. These are civil orders; however, breach of an order is a criminal offence. The Crown Prosecution Service takes domestic abuse seriously and in 2017 in England and Wales 19,216 restraining orders were issued on conviction and 1,932 were issued on acquittal. The Government sees the response to domestic abuse as a top priority and is committed to securing justice for all victims.</p><p> </p><p> </p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 27/11/2018 16:10:18 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	3985 label Biography information for Robert Halfon

1010547

	registered interest
	date	21/11/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Dangerous Driving
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what proportion of (a) car and (b) HGV drivers involved in an accident with a motorcyclist were charged with careless driving in each year from 2014 to 2017.
	tabling member constituency	Southampton, Itchen
	tabling member printed	Royston Smith
	uin	193490
	answer	answer is ministerial correction date of answer 27/11/2018 answer text <p>Section 3 of the Road Traffic Act 1988 creates the offence of driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or public place. The Crown Prosecution Service (CPS) does not maintain a central record of the number 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>As Section 3 of the Road Traffic Act 1988 is a specified offence large numbers of careless driving offences are charged and prosecuted by the police with no involvement from the CPS. The CPS only become involved if the defendant pleads not guilty to the offence after which, CPS prosecutors take responsibility for reviewing the case and preparing the trial. Figures on the number of people prosecuted and the outcome of the prosecution of careless or inconsiderate driving offences may be obtained from the official statistics held by the Ministry of Justice.</p><p>The CPS does however maintain records of the number of offences in which a CPS prosecution commenced, including offences of careless or inconsiderate driving. The table below shows the number of these offences during each year between 2014 and 2017.</p><p> </p><table><tbody><tr><td><p> </p></td><td><p><strong>2014</strong></p></td><td><p><strong>2015</strong></p></td><td><p><strong>2016</strong></p></td><td><p><strong>2017</strong></p></td></tr><tr><td><p><strong>Road Traffic Act 1988 { 3 }</strong></p></td><td><p>11,230</p></td><td><p>9,730</p></td><td><p>9,238</p></td><td><p>8,350</p></td></tr></tbody></table><p>Data Source: CPS Case Management Information System</p><p> </p><p>It should be noted that the figures relate to the number of offences and not the number of individual defendants. It is may be the case that an individual defendant is charged with more than one offence.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 27/11/2018 17:33:19 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4478 label Biography information for Royston Smith

1010729

	registered interest
	date	20/11/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Dementia: Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what guidance he has published on laying criminal charges against people with dementia.
	tabling member constituency	Hendon
	tabling member printed	Dr Matthew Offord
	uin	193451
	answer	answer is ministerial correction date of answer 28/11/2018 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> answering member constituency South Swindon answering member printed Robert Buckland question first answered 28/11/2018 09:36:50 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4006 label Biography information for Dr Matthew Offord

1012534

	registered interest
	date	22/11/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hate Crime: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Pearson of Rannoch
	uin	HL11726
	answer	answer is ministerial correction date of answer 04/12/2018 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> answering member printed Lord Keen of Elie question first answered 04/12/2018 13:13:56 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3153 label Biography information for Lord Pearson of Rannoch

1013068

	registered interest
	date	23/11/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Crown Prosecution Service: Staff
	house id	1
	legislature	25259 pref label House of Commons
	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.
	tabling member constituency	East Londonderry
	tabling member printed	Mr Gregory Campbell
	uin	195034
	answer	answer is ministerial correction date of answer 28/11/2018 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> answering member constituency South Swindon answering member printed Robert Buckland question first answered 28/11/2018 11:20:37 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	1409 label Biography information for Mr Gregory Campbell

1013111

	registered interest
	date	23/11/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Money Laundering: Convictions and Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	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.
	tabling member constituency	Newcastle upon Tyne North
	tabling member printed	Catherine McKinnell
	uin	195059
	answer	answer is ministerial correction date of answer 28/11/2018 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> answering member constituency South Swindon answering member printed Robert Buckland question first answered 28/11/2018 09:48:33 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4125 label Biography information for Catherine McKinnell

1013112

	registered interest
	date	23/11/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Money Laundering: Convictions and Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	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.
	tabling member constituency	Newcastle upon Tyne North
	tabling member printed	Catherine McKinnell
	uin	195060
	answer	answer is ministerial correction date of answer 28/11/2018 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> answering member constituency South Swindon answering member printed Robert Buckland question first answered 28/11/2018 09:49:33 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4125 label Biography information for Catherine McKinnell

1015154

	registered interest
	date	26/11/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Police: Crimes of Violence
	house id	1
	legislature	25259 pref label House of Commons
	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.
	tabling member constituency	Oxford West and Abingdon
	tabling member printed	Layla Moran
	uin	195659
	answer	answer is ministerial correction date of answer 03/12/2018 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> answering member constituency South Swindon answering member printed Robert Buckland question first answered 03/12/2018 12:35:18 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4656 label Biography information for Layla Moran

1017238

	registered interest
	date	29/11/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Attorney General: Billing
	house id	1
	legislature	25259 pref label House of Commons
	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.
	tabling member constituency	Hemsworth
	tabling member printed	Jon Trickett
	uin	197330
	answer	answer is ministerial correction date of answer 12/12/2018 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> answering member constituency South Swindon answering member printed Robert Buckland question first answered 12/12/2018 15:03:01 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	410 label Biography information for Jon Trickett

1019411

	registered interest
	date	03/12/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Knives: Crime
	house id	1
	legislature	25259 pref label House of Commons
	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.
	tabling member constituency	Coventry South
	tabling member printed	Mr Jim Cunningham
	uin	198171
	answer	answer is ministerial correction date of answer 06/12/2018 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> answering member constituency South Swindon answering member printed Robert Buckland question first answered 06/12/2018 17:32:34 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	308 label Biography information for Mr Jim Cunningham