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516553

	registered interest
	date	28/04/2016
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Terrorism: British Nationals Abroad
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government why they have not prosecuted the reported 350 Jihadis who have returned to the UK and are suspected of having fought in Syria or Iraq.
	tabling member printed	Lord Blencathra
	uin	HL8065
	answer	answer is ministerial correction date of answer 11/05/2016 answer text The Crown Prosecution Service (CPS) has successfully prosecuted 35 cases involving 54 defendants who have returned to the UK and are suspected of having fought in Syria and / or Iraq. It currently has 13 such ongoing prosecutions involving 30 defendants. The Public Prosecution Service Northern Ireland (PPSNI) is also dealing with one ongoing Syria-related prosecution. If there is evidence that people are going abroad to engage in terrorist activity, they can be arrested and prosecuted. They can also be arrested and prosecuted if they return to the UK. There are a wide range of offences that can be used to prosecute such individuals but each case has to be considered individually on its merits and whether an arrest or prosecution can take place will depend on the evidence available. If the police refer a case to the CPS, they consider whether the test in the Code for Crown Prosecutors is met. That is, whether there is sufficient evidence to provide a realistic prospect of conviction for any offence and, if so, whether it is in the public interest to prosecute. answering member printed Lord Keen of Elie question first answered 11/05/2016 11:30:49 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	497 label Biography information for Lord Blencathra

523886

	registered interest
	date	08/06/2016
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Games
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government whether they have asked the Serious Fraud Office to investigate matters related to the sale and purchase of BHS.
	tabling member printed	Lord Myners
	uin	HL561
	answer	answer is ministerial correction date of answer 21/06/2016 answer text In all cases decisions to investigate are made by the Director of the Serious Fraud Office, who acts independently. In respect of BHS, the SFO has confirmed that it is reviewing material in its possession. If the Director considers there are reasonable grounds to suspect serious or complex fraud which meets his Statement of Principle, he will open a formal criminal investigation. answering member printed Lord Keen of Elie question first answered 21/06/2016 12:52:35 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3869 label Biography information for Lord Myners

579577

	registered interest
	date	09/09/2016
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Female Genital Mutilation: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government how many cases under the Female Genital Mutilation Act 2003 have been referred to the Crown Prosecution Service in each year from 2005 to date.
	tabling member printed	Baroness Smith of Basildon
	uin	HL1748
	answer	answer is ministerial correction date of answer 27/09/2016 answer text <p>While the Crown Prosecution Service and the police work with each other at an early stage on Female Genital Mutilation cases to ensure all avenues of enquiry can be pursued, the CPS only records data on the Case Management System following a positive decision to charge a case.</p><p>The Casework Management System records that one FGM case was charged in 2014 and resulted in an acquittal in 2015.</p> answering member printed Lord Keen of Elie question first answered 27/09/2016 15:09:00 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	4170 label Biography information for Baroness Smith of Basildon

453536

	registered interest
	date	22/02/2016
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Trials
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, further to the Written Answer by Lord Keen of Elie on 19 February (HL5998), whether there are any circumstances under which the Crown Prosecution Service (CPS) may alter the speed at which video evidence is shown in court, and if so, whether the CPS is obliged to inform the court that the speed of the video evidence has been altered.
	tabling member printed	Lord Blencathra
	uin	HL6238
	answer	answer is ministerial correction date of answer 04/03/2016 answer text <p>Video evidence is routinely examined in court during criminal trials either frame by frame or at different speeds in order to aid the court’s understanding. In the case of image stills, time stamps can be used to indicate the passage of time between images. Both defence and prosecution lawyers are under a professional duty not to mislead the court.</p> answering member printed Lord Keen of Elie question first answered 04/03/2016 12:04:10 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	497 label Biography information for Lord Blencathra

680945

	registered interest
	date	30/01/2017
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Domestic Abuse: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, in the light of cases in which the Crown Prosecution Service’s (CPS's) decisions not to initiate prosecutions in cases of domestic violence have been successfully challenged, whether they will commission an inquiry into the policy and practice of the CPS in relation to that issue.
	tabling member printed	Lord Beecham
	uin	HL5071
	answer	answer is ministerial correction date of answer 13/02/2017 answer text <p>Victims of domestic abuse can challenge a CPS decision not to prosecute their case, under the Victims’ Right to Review (VRR) scheme. In 2015-16, the CPS made 41,503 decisions in domestic abuse cases. 520 of these cases were appealed through the VRR scheme; 49 of which were upheld. Of the total number of domestic abuse decisions, the upheld rate was 0.12%. Of the number of domestic abuse VRR appeals, the upheld rate was 9.4%. An inquiry is not required because these volumes and proportions are small and the CPS is, in the majority of domestic abuse cases, accurate in its decision making.</p><p><strong> </strong></p> answering member printed Lord Keen of Elie question first answered 13/02/2017 14:24:37 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	4181 label Biography information for Lord Beecham

707564

	registered interest
	date	02/03/2017
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Prisons: Smuggling
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government how many convictions (1) the Metropolitan Police Service, and (2) the Crown Prosecution Service, have secured for conveying prohibited items into prisons, since 1 January 2013.
	tabling member printed	Lord Knight of Weymouth
	uin	HL5787
	answer	answer is ministerial correction date of answer 16/03/2017 answer text <p>These types of offences investigated by the Metropolitan Police will be prosecuted by the Crown Prosecution Service (CPS).</p><p>Offences of conveying items into prison can be prosecuted under various pieces of legislation. Many are offences which are not specific to prisons and those which are can apply to circumstances where items are conveyed either into or out of prison. Specific offences of conveying prohibiting items into prison cannot therefore be identified from the CPS case management system without incurring disproportionate cost.</p><p>The official statistics relating to criminal court proceedings, including convictions, are maintained by the Ministry of Justice.</p> answering member printed Lord Keen of Elie question first answered 16/03/2017 15:15:19 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	4160 label Biography information for Lord Knight of Weymouth

827893

	registered interest
	date	22/01/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Law Officers: Disclosure of Information
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 8 January (HL4364), whether there have been instances where the advice of the law officers has been shared with Parliament in the last 30 years.
	tabling member printed	Lord Morris of Aberavon
	uin	HL4943
	answer	answer is ministerial correction date of answer 05/02/2018 answer text <p>There have been rare instances in the past where a Minister has shared legal advice with Parliament. However, the policy of successive Governments (in line with Constitutional convention) remains that we do not comment on advice that may or may not have been given by the Law Officers, other than in exceptional circumstances and with the Law Officers’ consent.</p><p> </p> answering member printed Lord Keen of Elie question first answered 05/02/2018 17:41:07 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	565 label Biography information for Lord Morris of Aberavon

705811

	registered interest
	date	27/02/2017
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Prisoners: Death
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government how many prosecutions the Crown Prosecution Service has brought under the Corporate Manslaughter and Corporate Homicide Act 2007 in respect of a death or deaths in custody.
	tabling member printed	Lord Knight of Weymouth
	uin	HL5641
	answer	answer is ministerial correction date of answer 09/03/2017 answer text <p>There have been no cases to date in which the CPS has brought charges under the Corporate Manslaughter and Corporate Homicide Act 2007 in respect of a death or deaths in custody.</p> answering member printed Lord Keen of Elie question first answered 09/03/2017 16:01:44 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	4160 label Biography information for Lord Knight of Weymouth

803038

	registered interest
	date	08/12/2017
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Religious Hatred: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the answer by Baroness Vere of Norbiton (HL Deb, col 1052) on 6 December, whether the Crown Prosecution Service’s definition of hate crime includes any action or speech which is perceived by the victim or any other person to be motivated by prejudice based on a person’s religion; and where such action or speech leads to a successful prosecution, what is the maximum sentence.
	tabling member printed	Lord Pearson of Rannoch
	uin	HL4003
	answer	answer is ministerial correction date of answer 19/12/2017 answer text <p>The shared CPS and NPCC flagging definition of a religiously motivated hate crime covers any incident or crime which is perceived by the victim or any other person, to be motivated by hostility or prejudice based on a person’s religion or perceived religion. In order for a crime to be charged and prosecuted as a hate crime, the CPS uses the legal definitions contained in the Crime and Disorder Act 1998 (CDA 1998) and the Criminal Justice Act 2003 (CJA 2003).</p><p>The CDA 1998 creates a number of specific racially or religiously aggravated offences, each of which has a higher maximum sentence than the ‘basic’ non-racially or religiously aggravated version of the offence. For other offences, the CJA 2003 places a duty on the courts to increase the sentence where the defendant has been convicted of an offence where they have demonstrated or been motivated by hostility towards the victim based upon their protected characteristic. The CDA 2003 does not set a maximum sentence. Sentencing is a matter for the courts and will depend on the individual circumstances of the case and the legislation under which the defendant has been convicted.</p> answering member printed Lord Keen of Elie question first answered 19/12/2017 15:26:34 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3153 label Biography information for Lord Pearson of Rannoch

809638

	registered interest
	date	19/12/2017
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Out-of-school Education: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 6 November (HL2408), whether there have been no prosecutions for operating unregistered schools because no cases have been put to the Crown Prosecution Service, or for evidential reasons.
	tabling member printed	Lord Warner
	uin	HL4333
	answer	answer is ministerial correction date of answer 05/01/2018 answer text <p>The offences under sections 96 and 97 of the Education and Skills Act 2008 came into force, as they relate to independent schools, on 5 January 2015. Since that date two cases have been referred to the Crown Prosecution Service for early investigative advice following which investigations were discontinued. Two further cases have been referred to the Crown Prosecution Service for a charging decision. In both of these latter cases the evidential test under the Code for Crown Prosecutors was not met.</p><p> </p> answering member printed Lord Keen of Elie question first answered 05/01/2018 12:56:41 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	1732 label Biography information for Lord Warner