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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 thisremove minimum value filter
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
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
1134935
registered interest false more like this
date less than 2019-06-26more like thismore than 2019-06-26
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 Terrorism: 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 Director of Public Prosecutions on ensuring more effective prosecutions of cases involving individuals supporting terrorism abroad. more like this
tabling member constituency Romford more like this
tabling member printed
Andrew Rosindell more like this
uin 269685 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>The CPS has a strong record of bringing successful prosecutions in terrorism cases, and works closely with Counter Terrorism policing and partners to help build strong cases.</p><p> </p><p>Where individuals provide support to terrorism abroad, for example by funding terrorism, they should expect to be investigated by the police and prosecuted by the CPS if the evidential and public interest tests in the Code for Crown Prosecutors are met.</p><p> </p><p>Where crimes are committed abroad, Section 17 of the Terrorism Act 2006 provides the courts with extra-territorial jurisdiction in relation to a number of terrorism offences so that if an individual were to commit one of these offences in a foreign country, they would be liable under UK law in the same way as if they had committed the offence in the UK. As the nature of terrorism has evolved, section 17 has been amended to include further offences. The CPS strongly supported these legislative provisions to strengthen our ability to prosecute offenders.</p>
answering member constituency Torridge and West Devon more like this
answering member printed Mr Geoffrey Cox more like this
question first answered
less than 2019-07-04T11:15:29.397Zmore like thismore than 2019-07-04T11:15:29.397Z
answering member
1508
label Biography information for Mr Geoffrey Cox more like this
tabling member
1447
label Biography information for Andrew Rosindell 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
1135935
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 Prosecutions: Hyperactivity 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 steps his Department is taking with the legal profession to raise awareness of ADHD in the decision-making process on prosecutions. more like this
tabling member constituency Oxford East more like this
tabling member printed
Anneliese Dodds more like this
uin 271599 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-07-08more like thismore than 2019-07-08
answer text <p>The Law Officers superintend the Crown Prosecution Service which has recently held a public consultation on its legal guidance on prosecuting offenders with mental health conditions and disorders, to ensure the decision-making process is as well-informed as possible.</p><p>As part of that consultation, which closed on 4 June, the CPS will consider how best to reflect the responses received concerning ADHD in its legal guidance.</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 2019-07-08T16:00:47.907Zmore like thismore than 2019-07-08T16:00:47.907Z
answering member
4517
label Biography information for Lucy Frazer more like this
tabling member
4657
label Biography information for Anneliese Dodds 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
1136194
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 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 he will ensure that the Criminal Justice Board review of how rape and sexual violence cases are handled across the criminal justice system provides independent scrutiny of CPS case handling. more like this
tabling member constituency Stockport more like this
tabling member printed
Ann Coffey more like this
uin 272118 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-07-09more like thismore than 2019-07-09
answer text <p>Rape and serious sexual offences are horrific crimes, which can have a significant and profound impact on victims.</p><p>I recognise that there is real current concern around the criminal justice response to rape and serious sexual offences. The Government’s Review provides an opportunity to identify areas, from the beginning to the end of the criminal justice process, where the police, CPS and HM Courts and Tribunals Service can improve practice and outcomes in cases involving these offences. The CPS will work with partners across the criminal justice system to address any issues that are highlighted as a result of the Review.</p><p>All those involved in the Review, including the AGO and the CPS, are committed to ensuring that the Review is conducted with the requisite degree of openness and independence as to enable the public to have full confidence in its final findings.</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 2019-07-09T14:52:47.887Zmore like thismore than 2019-07-09T14:52:47.887Z
answering member
4517
label Biography information for Lucy Frazer more like this
tabling member
458
label Biography information for Ann Coffey more like this
1136712
registered interest false more like this
date less than 2019-07-03more like thismore than 2019-07-03
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 Attorney General: Overtime 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 estimate he has made of the amount of unpaid overtime worked by staff in his Department in the last 24 months. more like this
tabling member constituency Hemsworth more like this
tabling member printed
Jon Trickett more like this
uin 272746 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-07-08more like thismore than 2019-07-08
answer text <p>The Attorney General’s Office does not pay overtime, however the department does offer a flexi time policy to support time off in lieu on an individual basis. Flexi time is individually agreed with line managers to maintain working hours in line with the Working Time Regulations 1998. As there is no central record of working hours, the Attorney General’s Office has no accurate way to estimate any potential unpaid overtime worked by staff in the last 24 months without disproportionate cost.</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 2019-07-08T16:02:07.993Zmore like thismore than 2019-07-08T16:02:07.993Z
answering member
4517
label Biography information for Lucy Frazer more like this
tabling member
410
label Biography information for Jon Trickett more like this
1137541
registered interest false more like this
date less than 2019-07-08more like thismore than 2019-07-08
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 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 assessment he has made of the potential effect on the effectiveness of prosecution authorities of the UK leaving the EU (a) with and (b) without a deal. more like this
tabling member constituency South Northamptonshire more like this
tabling member printed
Andrea Leadsom more like this
uin 274530 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-07-11more like thismore than 2019-07-11
answer text <p>The UK and EU agree that we need a comprehensive future security partnership that covers key areas of internal security cooperation. We have agreed the outline terms of a comprehensive future security relationship including law enforcement, criminal justice, and judicial cooperation.</p><p>In a no deal scenario, we would move co-operation to alternative, non-EU mechanisms. Broadly speaking, this would mean making more use of Interpol, Council of Europe Conventions, and other forms of co-operation with European partners, such as bilateral channels. Together the Attorney General’s Office, Crown Prosecution Service and Serious Fraud Office are working closely with the Home Office, Ministry of Justice, Police, HM Courts and Tribunals Service and Judiciary to ensure that we have plans in place in event of a ‘no deal’.</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 2019-07-11T08:26:59.95Zmore like thismore than 2019-07-11T08:26:59.95Z
answering member
4517
label Biography information for Lucy Frazer more like this
tabling member
4117
label Biography information for Andrea Leadsom more like this
1137934
registered interest false more like this
date less than 2019-07-09more like thismore than 2019-07-09
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: Evidence more like this
house id 2 more like this
legislature
25277
pref label House of Lords more like this
question text To ask Her Majesty's Government what changes, if any, they plan to make to disclosure procedures operated by the police and the Crown Prosecution Service to ensure that (1) trials are not disrupted by late or inadequate disclosure, and (2) incursions into the privacy of complainants and witnesses are material and proportionate. more like this
tabling member printed
Lord Carlile of Berriew more like this
uin HL17033 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-07-22more like thismore than 2019-07-22
answer text <p>There has been unprecedented joint commitment and focus from the police and the CPS to finding solutions to the problem of getting disclosure right.</p><p> </p><p>Proper disclosure of unused material is vital if there is to be a fair trial. That is why in 2018 the Attorney General published his review, looking at the efficiency and effectiveness of the current disclosure system, including how sensitive data is handled. We are now working hard to implement the recommendations made in the review, and extensive action has already been undertaken to bring about necessary changes. The government remains committed to ensuring that errors in the disclosure process are driven down to their absolute minimum.</p> more like this
answering member printed Lord Keen of Elie more like this
question first answered
less than 2019-07-22T14:20:54.123Zmore like thismore than 2019-07-22T14:20:54.123Z
answering member
4538
label Biography information for Lord Keen of Elie more like this
tabling member
1138
label Biography information for Lord Carlile of Berriew more like this