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834495
unstar 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 remove filter
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
star 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
unstar 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 remove filter
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
star 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
834491
unstar 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 remove filter
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
star 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
unstar 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 remove filter
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
star 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
unstar 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 remove filter
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
star 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
833593
unstar this property registered interest false more like this
star this property date less than 2018-01-30more like thismore than 2018-01-30
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Audit 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 what assessment they have made of any risk emanating from large accountancy firms claiming global audit approaches when the requirements for UK audits are grounded in UK company law. more like this
star this property tabling member printed
Baroness Bowles of Berkhamsted more like this
star this property uin HL5216 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer remove filter
star this property answer text <p>The Department for Business, Energy and Industrial Strategy is responsible for policy on statutory audit in the UK. It does not consider any claim by the global firms that their UK statutory audit work complies with the requirements of the international auditing standards to be a significant source of risk.</p><p> </p><p>Under UK law, auditors must adhere to auditing and ethical standards issued by the Financial Reporting Council (FRC) in the performance of statutory audits. In setting UK auditing standards, the FRC uses, as a basis, international auditing standards. Where necessary the FRC adds to those standards to reflect UK specific legislative and regulatory requirements, and further requirements that may be necessary to support high quality audit. The FRC also enforces those standards. By complying with UK auditing standards, an auditor will also comply with all of the requirements set out in international standards.</p><p> </p> more like this
star this property answering member printed Lord Henley more like this
star this property question first answered
less than 2018-02-12T13:24:58.157Zmore like thismore than 2018-02-12T13:24:58.157Z
star this property answering member
2616
star this property label Biography information for Lord Henley more like this
star this property tabling member
4562
unstar this property label Biography information for Baroness Bowles of Berkhamsted more like this
834474
unstar 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
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Company Accounts 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 what immediate action, if any, was taken as a result of a letter from the Financial Reporting Council (FRC) to the Department of Trade and Industry of 8 April 2005 stating that (1) the FRC regarded the law relating to capital maintenance, which includes the net assets test of section 831 of the Companies Act 2006, then the Companies Act 1985, as outmoded, and (2) following the law did not form part of the FRC's thinking in setting and approving accounting standards; and if no action was taken, why not. more like this
star this property tabling member printed
Baroness Bowles of Berkhamsted more like this
star this property uin HL5280 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer remove filter
star this property answer text <p>No immediate substantive action was possible as the legal framework discussed in the letter from the Financial Reporting Council transposes EU law.</p><p> </p><p>The determination of the distributable profits and of a distribution by a public company must be based on the profits of the company as set out in the company’s accounts. These must be prepared in accordance with the accounting standards, with the overriding requirement that they must give a true and fair view of the company’s finances. However, the Government has stated previously that it does not consider that the Companies Act requires the accounts of the company to state the company’s distributable profits.</p> more like this
star this property answering member printed Lord Henley more like this
star this property question first answered
less than 2018-02-12T13:23:10.91Zmore like thismore than 2018-02-12T13:23:10.91Z
star this property answering member
2616
star this property label Biography information for Lord Henley more like this
star this property tabling member
4562
unstar this property label Biography information for Baroness Bowles of Berkhamsted more like this
833590
unstar this property registered interest false more like this
star this property date less than 2018-01-30more like thismore than 2018-01-30
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Carillion 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 what is their assessment of the relevance of the net assets test under section 831 of the Companies Act 2006 and its relation to the payment of lawful dividends to the capital adequacy of Carillion plc. more like this
star this property tabling member printed
Baroness Bowles of Berkhamsted more like this
star this property uin HL5213 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer remove filter
star this property answer text <p>The requirements of Section 831 of the Companies Act 2006 apply to all public companies, including each UK public company in the Carillion PLC group.</p> more like this
star this property answering member printed Lord Henley more like this
star this property question first answered
less than 2018-02-12T13:34:16.13Zmore like thismore than 2018-02-12T13:34:16.13Z
star this property answering member
2616
star this property label Biography information for Lord Henley more like this
star this property tabling member
4562
unstar this property label Biography information for Baroness Bowles of Berkhamsted more like this
833591
unstar this property registered interest false more like this
star this property date less than 2018-01-30more like thismore than 2018-01-30
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Company Accounts 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 Financial Reporting Council rejected two legal opinions from Mr George Bompas QC, for the Local Authorities Pension Fund Forum, on the net assets test under section 831 of the Companies Act 2006; and, if so, on what grounds. more like this
star this property tabling member printed
Baroness Bowles of Berkhamsted more like this
star this property uin HL5214 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer remove filter
star this property answer text <p>The Financial Reporting Council (FRC) sought advice on a range of matters from Martin Moore QC and the Local Authorities Pension Fund Forum sought advice on a range of issues from George Bompas QC. The opinions received have been published by the respective organisations and reflect that leading counsel reached different conclusions on some of the issues. The FRC accepted the advice it received.</p> more like this
star this property answering member printed Lord Henley more like this
star this property question first answered
less than 2018-02-12T13:32:19.413Zmore like thismore than 2018-02-12T13:32:19.413Z
star this property answering member
2616
star this property label Biography information for Lord Henley more like this
star this property tabling member
4562
unstar this property label Biography information for Baroness Bowles of Berkhamsted more like this
833592
unstar this property registered interest false more like this
star this property date less than 2018-01-30more like thismore than 2018-01-30
star this property answering body
Department for Business, Energy and Industrial Strategy more like this
star this property answering dept id 201 more like this
unstar this property answering dept short name Business, Energy and Industrial Strategy more like this
star this property answering dept sort name Business, Energy and Industrial Strategy more like this
star this property hansard heading Company Accounts 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 will release the Financial Reporting Council's instructions to Counsel in relation to dealing with the opinions of Mr George Bompas QC of 2013 and 2015; and whether they will place a copy of those instructions in the Library of the House. more like this
star this property tabling member printed
Baroness Bowles of Berkhamsted more like this
star this property uin HL5215 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer remove filter
star this property answer text <p>The Financial Reporting Council considers that instructions to Counsel held by it are subject to legal professional privilege. The Government did not ask the Financial Reporting Council to share copies of its instructions to Martin Moore QC.</p> more like this
star this property answering member printed Lord Henley more like this
star this property question first answered
less than 2018-02-12T13:27:23.347Zmore like thismore than 2018-02-12T13:27:23.347Z
star this property answering member
2616
star this property label Biography information for Lord Henley more like this
star this property tabling member
4562
unstar this property label Biography information for Baroness Bowles of Berkhamsted more like this