Show Search Form

Search Results

registered interest	true false
date	exactly: or between: and
answering body
answering dept id
answering dept short name
answering dept sort name
hansard heading
house id
legislature	pref label
question text
tabling member printed
uin
answer	is ministerial correction true false date of answer exactly: or between: and answer text answering member printed question first answered answering member label
tabling member	label

Search

834495

	registered interest
	date	31/01/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Trials: Disclosure of Information
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Morris of Aberavon
	uin	HL5301
	answer	answer is ministerial correction date of answer 12/02/2018 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> answering member printed Lord Keen of Elie question first answered 12/02/2018 15:50:35 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

834494

	registered interest
	date	31/01/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Trials: Disclosure of Information
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Morris of Aberavon
	uin	HL5300
	answer	answer is ministerial correction date of answer 12/02/2018 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> answering member printed Lord Keen of Elie question first answered 12/02/2018 15:49:11 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

834491

	registered interest
	date	31/01/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Trials: Disclosure of Information
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Morris of Aberavon
	uin	HL5297
	answer	answer is ministerial correction date of answer 12/02/2018 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> answering member printed Lord Keen of Elie question first answered 12/02/2018 15:20:27 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

834493

	registered interest
	date	31/01/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Trials: Disclosure of Information
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Morris of Aberavon
	uin	HL5299
	answer	answer is ministerial correction date of answer 12/02/2018 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> answering member printed Lord Keen of Elie question first answered 12/02/2018 15:26:06 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

834492

	registered interest
	date	31/01/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Trials: Disclosure of Information
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Morris of Aberavon
	uin	HL5298
	answer	answer is ministerial correction date of answer 12/02/2018 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> answering member printed Lord Keen of Elie question first answered 12/02/2018 15:25:26 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon