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156628

	registered interest
	date	19/11/2014
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what bodies can prosecute without the approval of the Crown Prosecution Service.
	tabling member constituency	North West Leicestershire
	tabling member printed	Andrew Bridgen
	uin	215172
	answer	answer is ministerial correction date of answer 26/11/2014 answer text <p>Any private individual or entity who/which is not acting on behalf of the police or another prosecuting authority may bring a private prosecution. There are some organisations that regularly prosecute cases as a private prosecutor before the courts of England and Wales, for example the RSPCA. Furthermore, there are other prosecution authorities that bring prosecutions pursuant to statute, including the Serious Fraud Office and the Service Prosecuting Authority. Some offences can only be brought if the consent of the Director of Public Prosecutions or the Attorney General is obtained.</p><p> </p> answering member constituency South Swindon answering member printed Mr Robert Buckland question first answered 26/11/2014 16:22:51 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4133 label Biography information for Andrew Bridgen

101614

	registered interest
	date	29/10/2014
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, for which offences the Crown Prosecution Service routinely monitors the number and proportion of cases that fail because of victim issues.
	tabling member constituency	Islington South and Finsbury
	tabling member printed	Emily Thornberry
	uin	212435
	answer	answer is ministerial correction date of answer 19/11/2014 answer text <p>The CPS defendant case outcome records include an allocation of a reason for each unsuccessful outcome, including the number which did not proceed because of victim issues. These records are centrally collated under the following twelve Principal Offence Categories.</p><p> </p><p> </p><p> </p><p>Homicide</p><p> </p><p>Offences against the person</p><p> </p><p>Sexual offences</p><p> </p><p>Burglary</p><p> </p><p>Robbery</p><p> </p><p>Theft and handling</p><p> </p><p>Fraud and forgery</p><p> </p><p>Criminal damage</p><p> </p><p>Drugs offences</p><p> </p><p>Public order offences</p><p> </p><p>Motoring offences</p><p> </p><p>All other offences</p><p> </p> answering member constituency South Swindon answering member printed Mr Robert Buckland question first answered 19/11/2014 12:38:15 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	1536 label Biography information for Emily Thornberry

156123

	registered interest
	date	17/11/2014
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, whether the Serious Fraud Office has concluded any deferred prosecution agreements with any companies charged with fraud or corruption offences.
	tabling member constituency	Islington South and Finsbury
	tabling member printed	Emily Thornberry
	uin	214476
	answer	answer is ministerial correction date of answer 19/11/2014 answer text <p>Deferred prosecution agreements (DPAs) became available to the Serious Fraud Office (SFO) on 24 February 2014. To date the SFO has not concluded any DPAs.</p> answering member constituency South Swindon answering member printed Mr Robert Buckland question first answered 19/11/2014 12:44:14 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	1536 label Biography information for Emily Thornberry

76979

	registered interest
	date	10/07/2014
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, how many Crown Prosecution Service (a) pre-charge decisions, (b) decisions to take no further action, (c) decisions to caution and (d) prosecutions there were in cases of (i) rape, (ii) domestic violence and (iii) child abuse in each police force area in each of the last six years; and what the conviction rate for each such offence in each such area was in that period.
	tabling member constituency	Islington South and Finsbury
	tabling member printed	Emily Thornberry
	uin	205151
	answer	answer is ministerial correction date of answer 22/07/2014 answer text <p> </p><p>Tables containing the information requested have been placed in the Library of the House. <br> <br></p><p> </p><p>The volumes of pre-charge decisions, prosecutions and convictions rose in 2013-14 from the previous year, across rape, domestic violence and child abuse. The Crown Prosecution Service has worked with the police to address the previous fall in volumes which they identified in 2012-13; succeeding in an overall turnaround during 2013-14.</p><p> </p><p>The conviction rates for domestic violence and child abuse have risen to 74.6% and 76.2% respectively in 2013-14.</p><p> </p><p> </p><p> </p><p>In parallel, cautions fell to the lowest level ever for rape and domestic violence in the same time period; and decisions to take no further action also reached the lowest level ever for rape and child abuse.</p><p> </p><p> </p><p> </p><p>For rape, the volume of pre-charge decisions rose by 8% compared with the previous year, reaching 5,850. Decisions to take no further action fell to the lowest level ever - by 15% as compared with a rise in the volume charged of 25%, reaching the highest volume ever of 3,621 defendants. Prosecutions rose by 5% to 3,891and the volume convicted has risen by 0.6%, reaching 2,348.</p><p> </p><p> </p><p> </p><p>The Director of Public Prosecutions addresses the regional variation across police force Areas through the bi-annual Violence against Women and Girls Assurance scheme, highlighting where specific actions are detailed and targeted for improvement.</p><p> </p> answering member constituency South Swindon answering member printed Mr Robert Buckland question first answered 22/07/2014 12:26:35 answering member 4106 label Biography information for Sir Robert Buckland attachment 1 file name charging decisions - CPS.xlsx title CPS charging data - Rape, DV, Child abuse
	tabling member	1536 label Biography information for Emily Thornberry

76990

	registered interest
	date	10/07/2014
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what proportion of Crown Prosecution Service cases in the magistrates' courts were prosecuted by (a) Crown prosecutors and (b) paralegals in each of the last five years.
	tabling member constituency	Islington South and Finsbury
	tabling member printed	Emily Thornberry
	uin	205188
	answer	answer is ministerial correction date of answer 21/07/2014 answer text <p>The Crown Prosecution Service (CPS) does not maintain a central record of the number or proportion of individual prosecutions conducted by Crown Prosecutors or Associate Prosecutors (paralegals) in magistrates’ courts. To obtain these details would require a manual exercise of reviewing individual case files to be undertaken at a disproportionate cost.</p><p> </p> answering member constituency South Swindon answering member printed Mr Robert Buckland question first answered 21/07/2014 14:39:59 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	1536 label Biography information for Emily Thornberry

176142

	registered interest
	date	27/01/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, how many prosecutions for summary offences were discontinued as a consequence of delay in obtaining data from (a) social media companies and (b) the forensic examination of computers or mobile phones in the most recent year for which figures are available.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Mr Elfyn Llwyd
	uin	222188
	answer	answer is ministerial correction date of answer 02/02/2015 answer text <p>The Crown Prosecution Service does not maintain a central record of prosecutions dropped as a result of delays in receiving data from social media companies or from the forensic examination of computers or mobile phones. Obtaining this information would require a manual review of individual case files which would incur a disproportionate cost.</p><p> </p> answering member constituency South Swindon answering member printed Mr Robert Buckland question first answered 02/02/2015 13:51:51 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	549 label Biography information for Mr Elfyn Llwyd

156150

	registered interest
	date	18/11/2014
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, if he will bring forward proposals to introduce a right of appeal against a charging decision of the Crown Prosecution Service on the grounds that it is unduly lenient.
	tabling member constituency	Shipley
	tabling member printed	Philip Davies
	uin	214940
	answer	answer is ministerial correction date of answer 25/11/2014 answer text <p>Where a suspect is charged by the Crown Prosecution Service (“CPS”) with a criminal offence, there are no plans to introduce a general right of appeal relating to the offence charged on the ground that it is too lenient. There are already a number of mechanisms in place to assess the quality of prosecutors’ decision making including external reviews by Her Majesty’s Crown Prosecution Service Inspectorate and internal CPS processes such as Individual Quality Assessments.</p><p> </p><p> </p><p> </p><p>Every charging decision made by the CPS must be in accordance with the Code for Crown Prosecutors (“the Code”). Unless the Threshold Test is applied, there must be sufficient evidence to provide a realistic prospect of conviction and it must be in the public interest to prosecute every offence charged. The Code requires that charges are selected which reflect the seriousness and extent of the offending, enable the case to be presented in a clear and simple way and give the courts adequate powers to sentence. The Code also makes it clear that review is a continuing process and that prosecutors must take account of any change in circumstances that develops as the case progresses.</p><p> </p><p> </p><p> </p><p>Victims can currently exercise their rights under the CPS Victims’ Right to Review scheme. This scheme enables victims to request a review of a CPS decision made after 5<sup>th</sup> June 2013 not to bring charges, to discontinue proceedings, offer no evidence or leave certain charges to “lie on file”. In those cases where it has not been possible to resolve the issue to the victim’s satisfaction at a local level, the decision is independently reviewed.</p><p> </p> answering member constituency South Swindon answering member printed Mr Robert Buckland question first answered 25/11/2014 11:43:01 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	1565 label Biography information for Sir Philip Davies

89420

	registered interest
	date	29/08/2014
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, who the non-police prosecuting agencies are in England and Wales; and what each body's status and powers in law are as a prosecutor.
	tabling member constituency	Harborough
	tabling member printed	Sir Edward Garnier
	uin	207545
	answer	answer is ministerial correction date of answer 03/09/2014 answer text <p> </p><p>Where an offence does not specify a particular prosecutor, any person has the right to institute criminal proceedings and conduct a prosecution. This applies whether the person is acting in a purely personal capacity or in the course of his duties for a local authority, government department, business enterprise or other organisation. However, the vast majority of non-police prosecutions are conducted by the following public authorities. Due to the right of any legal person to institute criminal proceedings, this is not an exhaustive list:</p><p> </p><p> </p><p> </p><p><strong>Crown Prosecution Service</strong> (“CPS): Established by the Prosecution of Offences Act 1985, the CPS is a non-ministerial government department, operating under the superintendence of the Attorney General. In addition to prosecuting cases investigated by the police, the CPS prosecutes cases referred to it by Defra, Home Office immigration officials, HMRC, the National Crime Agency, the DWP, the Medicines and Healthcare Products Regulatory Agency, the Department for Health, the Food Standards Agency and the Child Maintenance Group.</p><p> </p><p><strong>Serious Fraud Office </strong>(“SFO”): The SFO and its powers were created by the Criminal Justice Act 1987 (as amended). It is an independent government department, operating under the superintendence of the Attorney General. Its purpose is to investigate and, if appropriate, prosecute those who commit serious or complex fraud, bribery and corruption and pursuing them and others for the proceeds of their crime.</p><p> </p><p><strong>Service Prosecuting Authority</strong> (“SPA”): The SPA was formed by the Armed Forces Act 2006 on the 1st January 2009. The role of the SPA is to review cases referred to it by the Service Police or Chain of Command and to prosecute appropriate cases at Courts Martial or the Service Civilian Court.</p><p> </p><p><strong>Department for Business Innovation and Skills</strong> (“BIS”) – the functions of the Secretary of State for Business, Enterprise and Regulatory Reform were transferred to the Secretary of State for Business, Innovation and Skills by Order in 2009. BIS is the lead criminal enforcement agency for insolvency related fraud and associated corporate misconduct. It is responsible for the investigation and prosecution of offences on behalf of the Secretary of State under the Insolvency and Companies regimes, including bankruptcy offences and fraudulent trading.</p><p> </p><p><strong>Competition and Markets Authority</strong> (“CMA”) - The CMA is an independent non-ministerial department. It was established by the Enterprise and Regulatory Reform Act 2013 and took over many of the functions of the Office of Fair Trading (OFT) together with those of the Competition Commission. In particular, under the Enterprise Act 2002, the CMA has the power to investigate and prosecute individuals for the cartel offence contrary to section 188 of that Act. The CMA also investigates and prosecutes offences under The Consumer Protection from Unfair Trading Regulations 2008 and The Business Protection from Misleading Marketing Regulations 2008.</p><p> </p><p><strong>Companies House</strong> (“CA”) – CA is an executive agency of BIS and has responsibility for prosecuting offences of failing to file annual accounts and annual returns under the Companies Act 1985 (as amended).</p><p> </p><p><strong>Gambling Commission</strong> (“GC”) – The GC was set up under the Gambling Act 2005 to regulate commercial gambling in Great Britain. It is an independent non-departmental public body sponsored by the Department for Culture, Media and Sport. GC has the power to investigate and prosecute offences under the Gambling Act 2005.</p><p> </p><p><strong>Environment Agency</strong> (“EA”) – EA is an executive non-departmental public body sponsored by Defra. Established in 1996 by the Environment Act 1995, it investigates and prosecutes environmental offences contained in both primary and secondary legislation.</p><p> </p><p><strong>Food Standards Agency</strong> (“FSA”) – Established by the Food Standards Act 1999, the FSA is a non-ministerial government department with the objective of protecting public health in relation to food. It investigates and prosecutes food safety and food hygiene offences that are contained in both primary and secondary legislation. Offences relating to animal welfare in abattoirs are prosecuted by the CPS.</p><p> </p><p><strong>Health and Safety Executive</strong> (“HSE”) – established by the Health and Safety at Work Act 1974 (“HSWA”), the HSE aims to protect the health, safety and welfare of people at work, and to safeguard others, mainly members of the public, who may be exposed to risks from the way work is carried out. This includes investigating and prosecuting offences under the HSWA and associated regulations.</p><p> </p><p><strong>Office of the Rail Regulator</strong> (“ORR”) - ORR is a non-ministerial government department. Established on 5 July 2004 by the Railways and Transport Safety Act 2003, ORR enforces health and safety law in relation to railways and prosecutes under the Health and Safety at Work etc. Act 1974 (HSWA), the Railways (Interoperability) Regulations 2011, the Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010 and the Train Driving Licences and Certificates Regulations 2010.</p><p> </p><p><strong>Driver and Vehicle Licensing Agency</strong> (“DVLA”) – DVLA is an executive agency sponsored by the Department for Transport and prosecutes offences contained in the Vehicle Excise and Registration Act 1994 and associated regulations on behalf of the Secretary of State for Transport.</p><p> </p><p><strong>Driver Vehicle Standards Agency</strong> (“DVSA”) – DVSA is an executive agency sponsored by the Department for Transport and aims to improve road safety in the U.K. It prosecutes under a range of primary and secondary legislation in relation to vehicle standards.</p><p> </p><p><strong>The Maritime and Coastguard Agency</strong> (“MCA”) – MCA is a UK executive agency sponsored by the Department for Transport. Its objectives are to prevent the loss of lives at sea implement British and International maritime law and safety policy. It investigates and prosecutes health and safety offences and offences contained in the Merchant Shipping Act 1995 and associated regulations.</p><p><strong>Local Authorities</strong> (“LA’s”) – LA’s prosecute a broad range of offences from housing benefit fraud to trading standards and food hygiene offences.</p> answering member constituency South Swindon answering member printed Mr Robert Buckland question first answered 03/09/2014 13:34:45 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	337 label Biography information for Lord Garnier

164113

	registered interest
	date	21/11/2014
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, on how many occasions the prosecuting authorities have offered a company the opportunity to enter into Deferred Prosecution Agreement negotiations in the last five years.
	tabling member constituency	North East Fife
	tabling member printed	Sir Menzies Campbell
	uin	215607
	answer	answer is ministerial correction date of answer 27/11/2014 answer text <p>Deferred Prosecution Agreements (DPAs) became available to prosecutors on 24 February 2014. The DPA Code of Practice sets out the procedure to be followed. Letters of invitation to a company to enter into DPA negotiations are confidential.</p><p> </p> answering member constituency South Swindon answering member printed Mr Robert Buckland question first answered 27/11/2014 11:35:36 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	627 label Biography information for Lord Campbell of Pittenweem

225080

	registered interest
	date	04/03/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, whether he has sought ministerial representations in a public interest consultation exercise under section 4(e) of the Protocol between the Attorney General and the Prosecuting Bodies with regard to any cases currently being dealt with by one of the prosecuting bodies.
	tabling member constituency	North East Fife
	tabling member printed	Sir Menzies Campbell
	uin	226430
	answer	answer is ministerial correction date of answer 09/03/2015 answer text <p>It is my department’s usual policy not to comment on any live cases.</p><p> </p> answering member constituency South Swindon answering member printed Mr Robert Buckland question first answered 09/03/2015 16:48:32 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	627 label Biography information for Lord Campbell of Pittenweem