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1132928
registered interest false more like this
date less than 2019-06-18more like thismore than 2019-06-18
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, what proportion of reported rape cases that were passed to the Crown Prosecution Service by the police forces of England and Wales were returned to the police for further evidence to be gathered in 2017-18. more like this
tabling member constituency Torfaen more like this
tabling member printed
Nick Thomas-Symonds more like this
uin 266227 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 is a horrific crime which has a significant and profound impact on victims. It is vital to ensure that cases are investigated thoroughly in order to bring them to justice. To achieve this, it is necessary in many cases to seek further information before a prosecutor is able to determine whether or not to charge. This process ensures that cases are as robust as possible once they reach the court.</p><p>In 2017-18, cases were referred back to the Police for 61% of suspects in cases recorded as rape in the system. Whilst one situation where the CPS may refer a case back to the Police is to request further evidence, it could also be in instances when the Police have sought ‘early investigative advice’ from the CPS to assist in determining the evidence required for a charge. It is not possible to separate cases where the CPS has requested further evidence and when the Police have sought early investigative advice.</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 2019-06-24T15:26:16.1Zmore like thismore than 2019-06-24T15:26:16.1Z
answering member
4517
label Biography information for Lucy Frazer more like this
tabling member
4479
label Biography information for Nick Thomas-Symonds more like this
1132935
registered interest false more like this
date less than 2019-06-18more like thismore than 2019-06-18
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, what proportion of reported rape cases in 2017-18 passed to the CPS by the police forces of England and Wales were returned to the police for further evidence to be gathered, and were not subsequently returned to the CPS with that further evidence. more like this
tabling member constituency Torfaen more like this
tabling member printed
Nick Thomas-Symonds more like this
uin 266233 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>The CPS recognises that rape and serious sexual offences have a significant and profound impact on victims. It is vital to ensure that cases are investigated thoroughly in order to bring them to justice. To achieve this, it is necessary in many cases to seek further information before a prosecutor is able to determine whether or not to charge. In such cases, an action plan requesting further evidence will be provided to the police by the CPS.</p><p> </p><p>When the Police are unable to respond to the action plan, the case is administratively finalised. This is an administrative process where cases are closed on the CPS’s Case Management System if, after reminders from the CPS, the Police do not submit further information. Such cases may be reopened if, at a later date, new material is provided to the CPS by the Police enabling them to decide whether to charge.</p><p> </p><p>The Police may also seek ‘early investigative advice’ from the CPS to assist in determining the evidence required for a charge. In these cases the CPS may also administratively finalise a case if after receiving CPS advice, the Police do not re-submit the case.</p><p> </p><p>In 2017/18, 22% of all rape cases referred to the CPS were administratively finalised.</p>
answering member constituency South East Cambridgeshire more like this
answering member printed Lucy Frazer more like this
question first answered
less than 2019-06-24T16:34:49.637Zmore like thismore than 2019-06-24T16:34:49.637Z
answering member
4517
label Biography information for Lucy Frazer more like this
tabling member
4479
label Biography information for Nick Thomas-Symonds 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
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
1133678
registered interest false more like this
date less than 2019-06-20more like thismore than 2019-06-20
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 Vagrancy Act 1824: 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 charges have been brought under the Vagrancy Act 1824 in each year since 2010. more like this
tabling member constituency Sheffield, Heeley more like this
tabling member printed
Louise Haigh more like this
uin 267315 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-06-25more like thismore than 2019-06-25
answer text <p>The data provided below shows the total number of offences in which a prosecution by the Crown Prosecution Service commenced at magistrates’ courts under the Vagrancy Act 1824 and associated legislation.</p><p> </p><p><strong>Total Charges under the 1824 Vagrancy Act and associated legislation</strong></p><table><tbody><tr><td><p>2010/11</p></td><td><p>2011/12</p></td><td><p>2012/13</p></td><td><p>2013/14</p></td><td><p>2014/15</p></td><td><p>2015/16</p></td><td><p>2016/17</p></td><td><p>2017/18</p></td><td><p>2018/19</p></td></tr><tr><td><p>3686</p></td><td><p>3119</p></td><td><p>2660</p></td><td><p>3732</p></td><td><p>3850</p></td><td><p>2958</p></td><td><p>2249</p></td><td><p>1845</p></td><td><p>2146</p></td></tr></tbody></table><p>Data Source: CPS Case Management Information Systems</p><p> </p><p>The figures relate to the number of offences and not the number of individual defendants. An individual defendant may be charged with more than one offence.</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 2019-06-25T09:56:32.827Zmore like thismore than 2019-06-25T09:56:32.827Z
answering member
4517
label Biography information for Lucy Frazer 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
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