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1128365
registered interest false more like this
date less than 2019-05-22more like thisremove minimum value filter
answering body
Attorney General more like this
answering dept id 88 more like this
answering dept short name Attorney General more like this
answering dept sort name Attorney General more like this
hansard heading Armed Forces: Prosecutions more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, what recent discussions he has had with the Secretary of State for Defence on legal protections for armed forces personnel and veterans. more like this
tabling member constituency Llanelli more like this
tabling member printed
Nia Griffith more like this
uin 257488 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-06-05more like thismore than 2019-06-05
answer text <p>As a consequence of the long-standing Law Officers’ Convention, the Attorney General does not confirm whether advice has been provided to Ministerial colleagues on any particular issue, or the content of any advice that has been given. Policy responsibility for this matter lies with the Secretary of State for Defence.</p> more like this
answering member constituency Torridge and West Devon more like this
answering member printed Mr Geoffrey Cox more like this
question first answered
less than 2019-06-05T08:32:56.627Zmore like thismore than 2019-06-05T08:32:56.627Z
answering member
1508
label Biography information for Mr Geoffrey Cox more like this
tabling member
1541
label Biography information for Nia Griffith more like this
1136100
registered interest false more like this
date less than 2019-07-02more like thismore than 2019-07-02
answering body
Attorney General more like this
answering dept id 88 more like this
answering dept short name Attorney General more like this
answering dept sort name Attorney General more like this
hansard heading Cybercrime: Rule of Law more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, what recent discussions he has had with Cabinet colleagues on the application of the rule of law to cyber activities. more like this
tabling member constituency North East Hampshire more like this
tabling member printed
Mr Ranil Jayawardena more like this
uin 911731 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-07-04more like thismore than 2019-07-04
answer text <p>I regularly meet ministerial colleagues to discuss important issues of common interest, including on matters relating to the rule of law. As my predecessor set out in his speech at Chatham House in May 2018, the UK has been clear that we consider cyber space to be an integral part of the rules based international order that we are proud to promote.</p><p> </p><p>Cyber space is not a lawless world. It is the Government’s view that there are boundaries of acceptable state behaviour in cyber space, just as there are everywhere else. Hostile actors cannot take action by cyber means without consequence.</p> more like this
answering member constituency Torridge and West Devon more like this
answering member printed Mr Geoffrey Cox more like this
question first answered
less than 2019-07-04T11:10:59.777Zmore like thismore than 2019-07-04T11:10:59.777Z
answering member
1508
label Biography information for Mr Geoffrey Cox more like this
tabling member
4498
label Biography information for Mr Ranil Jayawardena more like this
1133867
registered interest false more like this
date less than 2019-06-21more like thismore than 2019-06-21
answering body
Attorney General more like this
answering dept id 88 more like this
answering dept short name Attorney General more like this
answering dept sort name Attorney General more like this
hansard heading Criminal Proceedings: Travel more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, what his Department's policy is on the reimbursement of travel expenses to people who have been in the criminal justice system. more like this
tabling member constituency Delyn more like this
tabling member printed
David Hanson more like this
uin 267721 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-07-05more like thismore than 2019-07-05
answer text <p>It is essential that victims are supported in the criminal justice system, and the Government has made this a key priority. The reimbursement of travel expenses can be made to those who have been called as a witness in the Criminal Justice System.</p><p> </p><p>The payment of expenses and allowances to prosecution witnesses, where the Crown Prosecution Service is the prosecuting authority, is governed by the Crown Prosecution Service (Witnesses’ etc. Allowances) Regulations 1988. Full guidance on expenses and allowances for prosecution witnesses can be found here: <a href="https://www.cps.gov.uk/publication/witness-expenses-and-allowances" target="_blank">https://www.cps.gov.uk/publication/witness-expenses-and-allowances</a></p><p> </p><p>The rates or scales of expenses for defence witnesses are determined by the Ministry of Justice. The payment of expenses incurred by those called as a witness on behalf of a defendant are set out in Regulations made under Sections 19 and 20 of the Prosecution of Offences Act 1985. Full guidance on expenses and allowances can be found here: <a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/592291/guide-allowances-under-part-v-costs-criminal-cases-general-september-2016.doc" target="_blank">https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/592291/guide-allowances-under-part-v-costs-criminal-cases-general-september-2016.doc</a>. In addition, any acquitted defendant whose costs are ordered by a court to be paid out of central funds may be allowed the same travelling and subsistence allowances as if they attended to give evidence (i.e. an ordinary witness subsistence allowance, plus travelling expenses).</p>
answering member constituency South East Cambridgeshire more like this
answering member printed Lucy Frazer more like this
question first answered
less than 2019-07-05T10:35:20.527Zmore like thismore than 2019-07-05T10:35:20.527Z
answering member
4517
label Biography information for Lucy Frazer more like this
tabling member
533
label Biography information for David Hanson more like this
1130703
registered interest false more like this
date less than 2019-06-07more like thismore than 2019-06-07
answering body
Attorney General more like this
answering dept id 88 more like this
answering dept short name Attorney General more like this
answering dept sort name Attorney General more like this
hansard heading Rape: Prosecutions more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, (a) how many and (b) what proportion of cases of rape reported to the CPS were administratively finalised in each year since 2010. more like this
tabling member constituency Ashfield more like this
tabling member printed
Gloria De Piero more like this
uin 261500 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-06-17more like thismore than 2019-06-17
answer text <p>It is important to stress that ’administrative finalisation’ is not a prosecutorial decision. It is an administrative process where cases are closed on CPS’ electronic case management system. It does not necessarily mean the proceedings are at an end. Such cases may be reopened, if at a later date, new material is provided to the prosecution enabling a charging decision to be made.</p><p> </p><p>Proceedings are administratively finalised when:</p><p> </p><ul><li>The police seek early investigative advice from the CPS and did not resubmit the case to the CPS for a charging decision. In these instances, the case enters the CPS records but was never actually referred for a charging decision.</li></ul><p> </p><ul><li>The police do refer a case to the police but there is insufficient evidence to bring a charge, sothe CPS ask the police to complete an action plan in order to improve the evidence. If the police are unable to respond to the action plan or decide not to pursue the matter, then the case will be ‘administratively finalised’ on the CPS system because the police cannot bring forward a case with sufficient evidence to charge.</li></ul><p>There was a 9% reduction in referrals from the police between 2016/17 and 2017/18. During this period, the percentage of cases resulting in no further action remained largely unchanged. There was, however, a significant increase in both the volume and percentage of cases administratively finalised. This is largely because of internal CPS administrative processes, reminding users to ‘administratively finalise’ cases where the police had requested early advice but had not resubmitted.</p><p>This coincided with an increase in the number of cases where the police have not responded to early investigative advice or an action plan has resulted in a rise in the number of administrative finalisations.</p><p>The table below shows the outcome of all referrals from the police for a pre charge decision, and show both the volume and the rates of these outcomes</p><p>TABLE KEY:</p><p> </p><ul><li>Decision to charge: Prosecutors must be satisfied there is enough evidence to provide a &quot;realistic prospect of conviction&quot; against each defendant and that the prosecution is in the public interest.</li></ul><p> </p><ul><li>Take no further action: This is a prosecutorial decision based on an assessment that there is insufficient evidence to provide a “realistic prospect of conviction” or that a prosecution is not in the public interest. The case may be reopened if the police provide further evidence or the victim successfully appeals the decision under the victims right to review;</li></ul><p> </p><ul><li>Out of Court Disposal: Out of court disposals include a caution, conditional caution or the recommendation that the offence is taken into consideration with other charges;</li></ul><p> </p><ul><li>Other: the result of the charging decision is not known or has not been given for that suspect.</li></ul><p> </p><table><tbody><tr><td><p><strong>Volumes &amp; Rates as %</strong></p></td><td><p><strong>Charge</strong></p></td><td><p><strong>No Further Action</strong></p></td><td><p><strong>Out of Court Disposal</strong></p></td><td><p><strong>Admin Finalised</strong></p></td><td><p><strong>Other</strong></p></td><td><p><strong>Total</strong></p></td></tr><tr><td><p><strong>2010-2011</strong></p></td><td><p>3,387 (42%)</p></td><td><p>4,339 (53%)</p></td><td><p>65 (1%)</p></td><td><p>321 (4%)</p></td><td><p>18 (0%)</p></td><td><p>8,130</p></td></tr><tr><td><p><strong>2011-2012</strong></p></td><td><p>3,213 (47%)</p></td><td><p>3,281 (48%)</p></td><td><p>42 (1%)</p></td><td><p>275 (4%)</p></td><td><p>11 (0%)</p></td><td><p>6,822</p></td></tr><tr><td><p><strong>2012-2013</strong></p></td><td><p>2,889 (53%)</p></td><td><p>2,195 (41%)</p></td><td><p>34 (1%)</p></td><td><p>281 (5%)</p></td><td><p>5 (0%)</p></td><td><p>5,404</p></td></tr><tr><td><p><strong>2013-2014</strong></p></td><td><p>3,621 (62%)</p></td><td><p>1,857 (32%)</p></td><td><p>23 (0%)</p></td><td><p>341 (6%)</p></td><td><p>8 (0%)</p></td><td><p>5,850</p></td></tr><tr><td><p><strong>2014-2015</strong></p></td><td><p>3,648 (59%)</p></td><td><p>1,997 (32%)</p></td><td><p>29 (0%)</p></td><td><p>484 (8%)</p></td><td><p>1 (0%)</p></td><td><p>6,159</p></td></tr><tr><td><p><strong>2015-2016</strong></p></td><td><p>3,910 (57%)</p></td><td><p>2,271 (33%)</p></td><td><p>24 (0%)</p></td><td><p>645 (9%)</p></td><td><p>5 (0%)</p></td><td><p>6,855</p></td></tr><tr><td><p><strong>2016-2017</strong></p></td><td><p>3,671 (56%)</p></td><td><p>2,145 (32%)</p></td><td><p>30 (0%)</p></td><td><p>761 (12%)</p></td><td><p>4 (0%)</p></td><td><p>6,611</p></td></tr><tr><td><p><strong>2017-2018</strong></p></td><td><p>2,822 (47%</p></td><td><p>1,851 (31%)</p></td><td><p>26 (0%)</p></td><td><p>1,307 (22%)</p></td><td><p>6 (0%)</p></td><td><p>6,012</p></td></tr></tbody></table><p>Data Source: CPS Case Management Information System</p>
answering member constituency South East Cambridgeshire more like this
answering member printed Lucy Frazer more like this
question first answered
less than 2019-06-17T15:09:46.827Zmore like thismore than 2019-06-17T15:09:46.827Z
answering member
4517
label Biography information for Lucy Frazer more like this
tabling member
3915
label Biography information for Gloria De Piero more like this
1129271
registered interest false more like this
date less than 2019-06-03more like thismore than 2019-06-03
answering body
Attorney General more like this
answering dept id 88 more like this
answering dept short name Attorney General more like this
answering dept sort name Attorney General more like this
hansard heading Rape: Mental Health Services more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, if the Government will review the CPS guidance given to victims of rape on seeking therapy. more like this
tabling member constituency Ealing Central and Acton more like this
tabling member printed
Dr Rupa Huq more like this
uin 259357 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-06-06more like thismore than 2019-06-06
answer text <p>It is vital that victims are confident they will be treated with the utmost fairness by the justice system. CPS committed, as part of the cross-Government Victims Strategy, to launch new guidance on pre-trial therapy to reduce the perception amongst victims, therapists and criminal justice professionals that it will damage the prosecution case. This is due to be published this summer. Additionally, a new toolkit for prosecutors on the support that an individual suffering from a mental health condition will require was launched in August 2018.</p> more like this
answering member constituency South East Cambridgeshire more like this
answering member printed Lucy Frazer more like this
question first answered
less than 2019-06-06T11:17:26.04Zmore like thismore than 2019-06-06T11:17:26.04Z
answering member
4517
label Biography information for Lucy Frazer more like this
tabling member
4511
label Biography information for Dr Rupa Huq more like this
1135927
registered interest false more like this
date less than 2019-07-01more like thismore than 2019-07-01
answering body
Attorney General more like this
answering dept id 88 more like this
answering dept short name Attorney General more like this
answering dept sort name Attorney General more like this
hansard heading British American Tobacco more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, what the status is of the Serious Fraud Office investigation into British American Tobacco that was opened in 2017. more like this
tabling member constituency Oxford East more like this
tabling member printed
Anneliese Dodds more like this
uin 271596 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-07-04more like thismore than 2019-07-04
answer text <p>Progress is being made on the Serious Fraud Office (SFO) investigation into allegations of corruption in the conduct of business by British American Tobacco Plc, its subsidiaries and associated persons. It would not be appropriate to comment on the status of a live criminal investigation further at this stage.</p><p> </p><p>When it is appropriate to do so, the SFO will publish updates on the status of the investigation on their website. The most recent information can be found at:</p><p> </p><p><a href="https://www.sfo.gov.uk/cases/british-american-tobacco/" target="_blank">https://www.sfo.gov.uk/cases/british-american-tobacco/</a></p> more like this
answering member constituency South East Cambridgeshire more like this
answering member printed Lucy Frazer more like this
question first answered
less than 2019-07-04T11:14:14.7Zmore like thismore than 2019-07-04T11:14:14.7Z
answering member
4517
label Biography information for Lucy Frazer more like this
tabling member
4657
label Biography information for Anneliese Dodds more like this
1133385
registered interest false more like this
date less than 2019-06-19more like thismore than 2019-06-19
answering body
Attorney General more like this
answering dept id 88 more like this
answering dept short name Attorney General more like this
answering dept sort name Attorney General more like this
hansard heading Sexual Offences: Prosecutions more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, how many Rape and Serious Sexual Offences prosecutors have been available to make Crown Prosecution Service charging decisions in each year since 2015. more like this
tabling member constituency Sheffield, Heeley more like this
tabling member printed
Louise Haigh more like this
uin 266849 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-06-24more like thismore than 2019-06-24
answer text <p>Rape and serious sexual assault offence (RASSO) cases are among the most sensitive and complex cases prosecuted by the CPS, and they have a profound impact on victims. To address this, CPS has undertaken extensive work over the last decade to ensure that specialist prosecutors are fully equipped to deal with the particular complexities of rape cases.</p><p> </p><p>The vast majority of RASSO cases are handled by specialist prosecutors working in either dedicated Area RASSO units or the dedicated CPS charging service CPS Direct. The first dedicated Area RASSO Units were established in 2014. The number of RASSO unit prosecutors and CPS Direct Prosecutors is displayed at Annex A.</p><p> </p><p>A small number of rape and serious sexual offence cases are dealt with by RASSO trained specialist prosecutors in the Central Casework Divisions (CCDs). It is not possible to provide year on year numbers of RASSO trained specialist prosecutors in the CCDs.</p><p> </p> more like this
answering member constituency South East Cambridgeshire more like this
answering member printed Lucy Frazer more like this
question first answered
less than 2019-06-24T16:50:29.98Zmore like thismore than 2019-06-24T16:50:29.98Z
answering member
4517
label Biography information for Lucy Frazer more like this
attachment
1
file name 266849 - Annex A.docx more like this
title Annex A more like this
tabling member
4473
label Biography information for Louise Haigh more like this
1133866
registered interest false more like this
date less than 2019-06-21more like thismore than 2019-06-21
answering body
Attorney General more like this
answering dept id 88 more like this
answering dept short name Attorney General more like this
answering dept sort name Attorney General more like this
hansard heading Rape: Prosecutions more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, how many and what proportion of cases of suspected rape were given a No Further Action as a result of insufficient evidence to proceed in each of the last three years. more like this
tabling member constituency Sheffield, Heeley more like this
tabling member printed
Louise Haigh more like this
uin 267760 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-06-26more like thismore than 2019-06-26
answer text <p>Rape and serious sexual offences are devastating crimes that have a profound impact on victims, and are some of the most challenging and complex cases that the CPS deals with. Where evidence submitted by the Police is sufficient to bring charges, the CPS will not hesitate to prosecute these horrific crimes.</p><p> </p><p>The CPS maintains a central record to show the overall number of charging decisions where a decision has been made to take No Further Action in cases recorded as rape on the system. The data is shown below broken down by financial year:</p><p> </p><ul><li><p>In 2015-16, 31.5% of cases of suspected rape were not prosecuted due to evidential issues (2,162 cases)</p></li><li><p>In 2016-17, 31.2% of cases of suspected rape were not prosecuted due to evidential issues (2,061 cases)</p></li><li><p>In 2017-18, 29.7% of cases of suspected rape were not prosecuted due to evidential issues (1,786 cases)</p></li></ul> more like this
answering member constituency South East Cambridgeshire more like this
answering member printed Lucy Frazer more like this
question first answered
less than 2019-06-26T10:19:33.747Zmore like thismore than 2019-06-26T10:19:33.747Z
answering member
4517
label Biography information for Lucy Frazer more like this
tabling member
4473
label Biography information for Louise Haigh more like this
1133386
registered interest false more like this
date less than 2019-06-19more like thismore than 2019-06-19
answering body
Attorney General more like this
answering dept id 88 more like this
answering dept short name Attorney General more like this
answering dept sort name Attorney General more like this
hansard heading Sexual Offences: Prosecutions more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, how many and what proportion of rape and serious sexual offence cases did not result in CPS charging advice (a) within 28 days, (b) within 2 months, (c) within 3 months, (d) within 4 months, (e) within 5 months, (f) in over 6 months and (g) in over 12 months of being referred to the CPS by the police in each of the last five years. more like this
tabling member constituency Sheffield, Heeley more like this
tabling member printed
Louise Haigh more like this
uin 266850 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-06-24more like thismore than 2019-06-24
answer text <p>Rape and serious sexual offences are devastating crimes that have a profound impact on victims. Cases involving rape and serious sexual offences are some of the most challenging and complex cases that the CPS deals with. They involve very little corroborative evidence in comparison with other cases which can result in them taking longer to progress through the system. Where evidence submitted by the Police is sufficient to bring charges, the CPS will not hesitate to prosecute. The CPS works closely with the Police to ensure that cases are thoroughly investigated before charges are brought because it is in the interests of both victims and perpetrators that cases do not collapse mid-trial.</p><p> </p><p>The CPS does not maintain a record of the number of days between referral and a non-charging outcome. However, the CPS does maintain a record of the average number of days taken from referral through to a decision to charge, and this data can be found in answer 266848.</p> more like this
answering member constituency South East Cambridgeshire more like this
answering member printed Lucy Frazer more like this
question first answered
less than 2019-06-24T16:52:12.243Zmore like thismore than 2019-06-24T16:52:12.243Z
answering member
4517
label Biography information for Lucy Frazer more like this
tabling member
4473
label Biography information for Louise Haigh more like this
1133329
registered interest false more like this
date less than 2019-06-19more like thismore than 2019-06-19
answering body
Attorney General more like this
answering dept id 88 more like this
answering dept short name Attorney General more like this
answering dept sort name Attorney General more like this
hansard heading Sexual Offences more like this
house id 1 more like this
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, whether he has had discussions with the CPS on removing reference to the merits-based approach from (a) guidance and (b) training materials on rape and sexual offences. more like this
tabling member constituency Harlow more like this
tabling member printed
Robert Halfon more like this
uin 266818 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-06-28more like thismore than 2019-06-28
answer text <p>Rape and serious sexual offences are horrific crimes and can have a devastating impact on victims, and the CPS will always seek to prosecute where there is sufficient evidence to do so. The Attorney General and I regularly discuss issues related to rape and sexual offences with the CPS; however, charging decisions are made independently by the CPS.</p><p> </p><p>There has been no change in policy in how the CPS makes charging decisions in rape cases. Prosecutors in the CPS follow a ‘Code’, which sets out a well-established two stage test that a case must pass before a charge can be made. The first stage of this test is the evidential stage, which considers whether there is sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge. That test has remained and continues to remain the same. It applies to every single offence no matter how minor or serious.</p><p> </p><p>The Code that prosecutors follow has never included any specific reference to a merits-based assessment of the realistic prospect of conviction because it is an integral part of the evidential test. The second stage of the test is whether it is in the public interest to proceed with a prosecution, this is considered after the evidential stage is fulfilled.</p><p> </p><p>From 2009, DPP guidance included reference to a merits based approach.</p><p> </p><p>Following an inspection by HMCPSI in 2016, it became clear that including a separate reference to the merits based approach in the guidance was causing confusion leading to the incorrect application of the code test. To avoid this confusion, changes were made to the guidance provided by the DPP to prosecutors, including removing a document on the merits based approach.</p><p> </p><p>Those changes should not have, and did not have any impact on the proper application of the Code test that prosecutors follow when making a decision on whether to charge.</p>
answering member constituency South East Cambridgeshire more like this
answering member printed Lucy Frazer more like this
question first answered
less than 2019-06-28T12:06:30.213Zmore like thismore than 2019-06-28T12:06:30.213Z
answering member
4517
label Biography information for Lucy Frazer more like this
tabling member
3985
label Biography information for Robert Halfon more like this