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764321

	registered interest
	date	02/10/2017
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Dangerous Driving: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how many drivers were prosecuted in (1) 2015, and (2) 2016, for failure to stop after a collision.
	tabling member printed	Baroness Jones of Moulsecoomb
	uin	HL1658
	answer	answer is ministerial correction date of answer 16/10/2017 answer text <p>The Crown Prosecution Service (CPS) does not maintain a central record of the number of drivers prosecuted for offences of failing to stop at the scene of a road traffic accident.</p><p>The offence of failing to stop at the scene of a road traffic accident is created by Section 170 of the Road Traffic Act 1988 which imposes obligations on drivers of mechanically propelled vehicles who are involved in road accidents.</p><p>Although it is not possible to identify the number of <em>people</em> charged with particular offences, records are held by the CPS showing the overall number of <em>offences</em> in which a prosecution conducted by them commenced in the magistrates’ courts. The table below therefore shows the number of <em>offences</em>, rather than <em>defendants</em>, charged by way of Section 170 of the Road Traffic Act 1988 during 2015 and 2016. It should be noted that a single defendant may be charged with more than one offence.</p><table><tbody><tr><td><p> </p></td><td><p>2015</p></td><td><p>2016</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 170 }</p></td><td><p>9,825</p></td><td><p>9,056</p></td></tr><tr><td><p>Data Source: CPS Case Management Information System</p></td></tr></tbody></table><p>It should further be noted that failures to stop at the scenes of traffic accidents are specified proceedings. These are offences which the police prosecute in order to reduce unnecessary bureaucracy and ensure swifter justice. The CPS will only prosecute a specified offence in cases where a not guilty plea has been entered. It may also be the case that the CPS will prosecute this offence when the defendant is charged with other more serious associated offences (for example, failing to stop and dangerous driving or driving under the influence of alcohol). The figures in the table above do not include those specified cases prosecuted by the police.</p><p> </p> answering member printed Baroness Vere of Norbiton question first answered 16/10/2017 16:55:40 answering member 4580 label Biography information for Baroness Vere of Norbiton
	tabling member	4297 label Biography information for Baroness Jones of Moulsecoomb

764322

	registered interest
	date	02/10/2017
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Driving Offences
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how many people were killed or injured as a result of driving offences in (1) 2015, and (2) 2016; what was the victim’s road user mode in each case; and where those statistics are reported.
	tabling member printed	Baroness Jones of Moulsecoomb
	uin	HL1659
	answer	answer is ministerial correction date of answer 16/10/2017 answer text <p>A number of offences under the Road Traffic Act 1988 involve causing death by driving, or may result in injury.</p><p>While the CPS does not maintain a central record of the number of people killed or injured as a result of driving offences, or the victim’s mode of transport at the time the offence or offences were committed, the table below shows the number of <em>offences</em>, (rather than defendants) charged under the relevant sections of the Road Traffic Act 1988 during 2015 and 2016. It should be noted that a single defendant may be charged with more than one offence.</p><table><tbody><tr><td><p> </p></td><td><p><strong>2015</strong></p></td><td><p><strong>2016</strong></p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 1 } <em>Causing death by dangerous driving</em></p></td><td><p>228</p></td><td><p>347</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 1A } <em>Causing serious injury by dangerous driving</em></p></td><td><p>392</p></td><td><p>504</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 2B } <em>Causing death by careless, or inconsiderate, driving</em></p></td><td><p>206</p></td><td><p>275</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 3A } <em>Causing death by careless driving: drink or drugs</em></p></td><td><p>26</p></td><td><p>45</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 3ZB } <em>Causing death by driving: unlicensed or uninsured drivers</em></p></td><td><p>67</p></td><td><p>87</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 3ZC } <em>Causing death by driving: disqualified drivers</em></p></td><td><p>0</p></td><td><p>4</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 3ZD } <em>Causing serious injury by driving: disqualified drivers</em></p></td><td><p>3</p></td><td><p>8</p></td></tr><tr><td><p>Data Source: CPS Case Management Information System</p></td></tr></tbody></table><p>Other road traffic offences can also involve death or injury which does not form part of the charge.</p><p> </p> answering member printed Baroness Vere of Norbiton question first answered 16/10/2017 16:50:32 answering member 4580 label Biography information for Baroness Vere of Norbiton
	tabling member	4297 label Biography information for Baroness Jones of Moulsecoomb

782453

	registered interest
	date	02/11/2017
	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 under what authority the Crown Prosecution Service (CPS) has agreed a definition of racially and religiously aggravated crime that is wider than the legal definition under the Crime and Disorder Act 1998 and Criminal Justice Act 2003, as indicated in the CPS Public statement on prosecuting racist and religious hate crime published in August.
	tabling member printed	Lord Vinson
	uin	HL2876
	answer	answer is ministerial correction date of answer 16/11/2017 answer text <p>In order to charge and prosecute hate crimes, the CPS uses the legal definition provided by the Crime and Disorder Act 1998 and Criminal Justice Act 2003. The shared police and CPS definition of hate crime is based on the perception of the victim or any other person and allows for case flagging and monitoring as well as appropriate victim support, it does not affect the charge.</p><p>This flagging definition comes from the recommended definition in the Macpherson report which was published in 1999 as a result of the inquiry into the murder of Stephen Lawrence. The Macpherson Report found a lack of confidence within communities that hate crime was being treated seriously by the police and Criminal Justice System and recommended that the definition of a racist incident should be, ‘any incident which is perceived to be racist by the victim or any other person’. Putting the victim’s perception at the heart of the definition gives a clear signal that, once flagged as a hate crime, an appropriate investigation will follow and evidence to support the law on hostility will be proactively sought. The definition seeks to encourage victims to report and to increase confidence in the Criminal Justice System.</p> answering member printed Baroness Vere of Norbiton question first answered 16/11/2017 16:44:23 question first ministerially corrected 20/11/2017 11:19:23 answering member 4580 label Biography information for Baroness Vere of Norbiton previous answer version 22806 answering member printed Lord Keen of Elie answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	1807 label Biography information for Lord Vinson

169091

	registered interest
	date	09/12/2014
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	RSPCA
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government how many times in 2012, 2013 and 2014 the Crown Prosecution Service has either taken over or forced discontinuation of a private prosecution brought by the RSCPA.
	tabling member printed	Viscount Astor
	uin	HL3581
	answer	answer is ministerial correction date of answer 18/12/2014 answer text <p>The Crown Prosecution Service (CPS) does not maintain an authoritative central record of the number of private prosecutions taken over. To identify the exact number of times the CPS took over or forced the discontinuation of a private prosecution brought by the RSPCA would require a manual exercise to review individual files which would incur a disproportionate cost.</p><p> </p> answering member printed Lord Gardiner of Kimble question first answered 18/12/2014 15:17:29 answering member 4161 label Biography information for Lord Gardiner of Kimble
	tabling member	3429 label Biography information for Viscount Astor

381611

	registered interest
	date	16/06/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Budgets: Northern Ireland
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government whether they have sought legal advice or consulted the Law Officers regarding the budget passed by the Northern Ireland Assembly on 15 June.
	tabling member printed	Lord Empey
	uin	HL527
	answer	answer is ministerial correction date of answer 29/06/2015 answer text <p>The Government is monitoring developments in relation to the finances of the Northern Ireland Executive closely. By long-standing convention, observed by successive administrations and embodied in the Ministerial Code, the fact that the Law Officers may or may not have advised or have been requested to advise on a particular issue, and the content of any advice, is not disclosed outside government.</p><p> </p> answering member printed Lord Keen of Elie question first answered 29/06/2015 10:50:38 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	4216 label Biography information for Lord Empey

387751

	registered interest
	date	06/07/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Islamic State: Flags
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government how many prosecutions there have been as a result of displaying the ISIL flag in the United Kingdom.
	tabling member printed	The Marquess of Lothian
	uin	HL1128
	answer	answer is ministerial correction date of answer 17/07/2015 answer text <p>Proscription is an important means of disrupting terrorist organisations in the UK. The Islamic State of Iraq and the Levant (ISIL) also known as The Islamic State of Iraq al-Sham (ISIS) was proscribed as a terrorist organization in the UK with effect from 20 June 2014.</p><p> </p><p> </p><p> </p><p>Section 13 of the Terrorism Act 2000 provides that a person commits an offence if he, in a public place, wears an item of clothing or wears, carries or displays article in such a way or in such circumstances as to arouse reasonable suspicion that he is a member or supporter of a proscribed organisation. Flags would come within the definition of “article”. This is a summary only offence carrying a maximum of six months imprisonment or a fine.</p><p> </p><p> </p><p> </p><p>To date there have been no prosecutions in England and Wales as a result of displaying a flag in such a way or in such circumstances as to arouse reasonable suspicion that the person displaying it is a member or supporter of ISIL. A black flag of the type associated with ISIL has featured in a number of prosecutions of individuals for more serious terrorist offences.</p><p> </p> answering member printed Lord Keen of Elie question first answered 17/07/2015 12:22:22 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	259 label Biography information for The Marquess of Lothian

392013

	registered interest
	date	21/07/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	FIFA
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government whether the Serious Fraud Office is currently investigating allegations of serious or complex fraud, bribery and corruption in the case of FIFA officials; and whether, in this context, they are actively and fully co-operating with American and Swiss law officers.
	tabling member printed	Lord Moynihan
	uin	HL1776
	answer	answer is ministerial correction date of answer 28/07/2015 answer text <p>The Serious Fraud Office (SFO) has not opened a criminal investigation into allegations relating to FIFA.</p><p>The SFO is keeping the matter under review, but it can open an investigation only if there is reasonable suspicion of serious or complex fraud which can be prosecuted in this country.</p><p> </p><p>The SFO has been in contact with US and Swiss authorities. By international convention, we would not comment on what assistance, if any, is provided.</p> answering member printed Lord Keen of Elie question first answered 28/07/2015 15:59:39 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	924 label Biography information for Lord Moynihan

392087

	registered interest
	date	22/07/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Barclays
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government whether ministers have had any discussions with the Serious Fraud Office on a Deferred Prosecution Agreement with Barclays Bank regarding that bank’s rescue plan and fundraising in 2008; and if so, what was the nature of those discussions.
	tabling member printed	Lord Tunnicliffe
	uin	HL1842
	answer	answer is ministerial correction date of answer 28/07/2015 answer text <p>The Law Officers frequently meet representatives of the Serious Fraud Office (SFO) to discuss a variety of issues. However, as was the case with previous Administrations, it is not the Government’s policy to provide details of all such meetings.</p><p> </p><p>The <em>Protocol between the Attorney General and the Prosecuting Departments</em> sets out the relationship between the Attorney General and the SFO. This is published on the Gov.uk website at <a href="https://www.gov.uk/government/publications/protocol-between-the-attorney-general-and-prosecuting-departments" target="_blank">https://www.gov.uk/government/publications/protocol-between-the-attorney-general-and-prosecuting-departments</a></p> answering member printed Lord Keen of Elie question first answered 28/07/2015 16:00:29 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3671 label Biography information for Lord Tunnicliffe

434104

	registered interest
	date	03/12/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Syria: Military Intervention
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government whether the Attorney General has approved the rules of engagement for the RAF bombing of Syria, and whether he will be consulted regularly to ensure that such military action is carried out in accordance with the Geneva Conventions.
	tabling member printed	Lord Morris of Aberavon
	uin	HL4223
	answer	answer is ministerial correction date of answer 14/12/2015 answer text <p>As the Prime Minister has repeatedly made clear, in carrying out any military action in Syria, the Government will at all times act in accordance with the law.</p><p>In line with the longstanding Law Officers’ Convention, reflected in both the Cabinet Manual and the Ministerial Code, I am unable to provide specific details as to the role of the Attorney General in this matter.</p> answering member printed Lord Keen of Elie question first answered 14/12/2015 11:52:58 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

445756

	registered interest
	date	19/01/2016
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Police Interrogation
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government what are the implications of the police indicating to a person being interviewed under caution that no further action will be taken due to insufficient, or a lack of, evidence.
	tabling member printed	Earl Attlee
	uin	HL5166
	answer	answer is ministerial correction date of answer 02/02/2016 answer text <p>The implications in such circumstances are detailed in a written answer on 31 March 1993 by the then Attorney General (Sir Nicholas Lyell), as outlined below.</p><p><em>The fundamental consideration remains that individuals should be able to rely on decisions taken by the prosecuting authorities. The policy of the Director of Public Prosecutions is that a decision to terminate proceedings or not to prosecute should not, in the absence of special circumstances, be altered once it has been communicated to the defendant or prospective defendant unless it was taken and expressed to be taken because the evidence was insufficient. In such a case it would be appropriate to reconsider the decision if further significant evidence were to become available at a later date especially if the alleged offence is a serious one.</em></p><p><em>Special circumstances which might justify departure from this policy include: </em></p><p><em>(1) rare cases where reconsiderations of the original decision show that it was not justified and the maintenance of confidence in the criminal justice system requires that a prosecution be brought notwithstanding the earlier decision; and </em></p><p><em>(2) those cases where termination has been effected specifically with a view to the collection and preparation of the necessary evidence which is thought likely to become available in the fairly near future. In such circumstances the CPS will advise the defendant of the possibility that proceedings will be re-instituted. (Official Report, Col’s 200-201).</em></p><p>Following this written answer and further written ministerial statements, the Crown Prosecution Service has produced guidance for prosecutors to follow concerning the exercise of the CPS discretion to institute, reinstitute or continue proceedings after a suspect has been informed by the police or CPS of a decision not to prosecute. The above mentioned Written Statements are detailed below and are published in the Official Report.</p><p><strong>WMS – Crown Prosecutors Code - 22 February 2010. Column WS64, Baroness Scotland of Asthal. </strong></p><p><strong>WMS - Reconsidering a Prosecution Decision (CPS Guidance) - 31 October 2012, Col 15WS, Rt. Hon Dominic Grieve </strong></p><p><strong>WMS – Victim’s Right to Review - 5 June 2013, Col 99WS, Rt. Hon Dominic Grieve</strong></p> answering member printed Lord Keen of Elie question first answered 02/02/2016 14:51:25 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3425 label Biography information for Earl Attlee