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857574

registered interest
date	07/03/2018
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	British Nationals Abroad: Syria
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 7 March (HL5766), whether they will set out what they regard as the public interest in prosecuting UK citizens who fought against ISIL forces in Syria, and not prosecuting those who fought against UK-backed forces in Syria.
tabling member printed	Lord Blencathra
uin	HL6146
answer	answer is ministerial correction date of answer 21/03/2018 answer text <p>The decision to prosecute UK citizens who fought in Syria is taken independently of Government by the CPS with the permission of the Attorney General as the guardian of the public interest where required by statute. The public interest in prosecuting these cases is considered on a case by case basis taking account of the factors set out in the Code for Crown Prosecutors and the surrounding circumstances. There is no policy of prosecuting those who fought against ISIL forces and not prosecuting those who fought against UK-backed forces.</p><p> </p> answering member printed Lord Keen of Elie question first answered 21/03/2018 17:05:45 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	497 label Biography information for Lord Blencathra

855390

registered interest
date	05/03/2018
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Crimes against Humanity: Prosecutions
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether they plan to review the number of prosecutions of UK citizens in the UK for International Criminal Court category crimes committed overseas in recent years.
tabling member printed	Lord Alton of Liverpool
uin	HL5996
answer	answer is ministerial correction date of answer 14/03/2018 answer text <p>There is no plan to review the number of prosecutions of UK citizens in the UK for International Criminal Court category crimes committed overseas in recent years. Prosecution decisions are taken independently of Government. In every case bought by the Crown Prosecution Service, prosecutors are required by the Code for Crown Prosecutors to select charges which: reflect the seriousness and extent of the offending supported by the evidence; give the court adequate powers to sentence and impose appropriate post-conviction orders; and enable the case to be presented in a clear and simple way.</p><p> </p> answering member printed Lord Keen of Elie question first answered 14/03/2018 15:33:34 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	738 label Biography information for Lord Alton of Liverpool

846804

registered interest
date	22/02/2018
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	British Nationals Abroad: Syria
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what discussions have taken place between the Director of Public Prosecutions and the Attorney General regarding the potential prosecution of UK citizens who fought against (1) UK backed forces in Syria, and (2) ISIL forces in Syria.
tabling member printed	Lord Blencathra
uin	HL5766
answer	answer is ministerial correction date of answer 07/03/2018 answer text <p>The DPP has regular meetings with the Attorney General about the work of the Crown Prosecution Service. The CPS makes its prosecution decisions independently. The DPP is required to seek the AG’s permission before she gives her consent to the prosecution of certain offences under terrorism legislation. The AG makes those decision in line with the <em>Protocol between the Attorney General and the Prosecuting Departments</em>, that is ‘independently of government, applying well established prosecution principles of evidential sufficiency and public interest.’</p> answering member printed Lord Keen of Elie question first answered 07/03/2018 16:03:29 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	497 label Biography information for Lord Blencathra

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

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

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

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

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

832862

registered interest
date	29/01/2018
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Crown Prosecution Service
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether they have any plans to review the performance of the Director of Public Prosecutions.
tabling member printed	Lord Blencathra
uin	HL5197
answer	answer is ministerial correction date of answer 15/02/2018 answer text <p>The performance of the DPP is reviewed on a regular basis and the Attorney General has regular meetings with the DPP about the work of the Crown Prosecution Service. The Crown Prosecution Service is also regularly inspected by HM Crown Prosecution Service Inspectorate which includes looking at performance within each area and on a national level for thematic reports.</p> answering member printed Lord Keen of Elie question first answered 15/02/2018 14:02:05 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	497 label Biography information for Lord Blencathra

830489

registered interest
date	25/01/2018
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Offences against the Administration of Justice: Prosecutions
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what discussions have taken place between the Director of Public Prosecutions and the Attorney General on the potential prosecution of the person referred to as “Nick”, who made allegations about historical sexual abuse; and when a decision on whether a prosecution will take place will be made.
tabling member printed	Lord Campbell-Savours
uin	HL5101
answer	answer is ministerial correction date of answer 08/02/2018 answer text <p>The DPP has regular meetings with the Attorney General about the work of the Crown Prosecution Service, but the CPS makes its prosecuting decisions independently. The CPS has been passed a file by police in respect of potential offences of perverting the course of justice and fraud against ‘Nick’ and will make a decision on whether to bring a prosecution in due course.</p><p>In the meantime, ‘Nick’ has been charged separately with four offences of making indecent images of children and voyeurism.</p> answering member printed Lord Keen of Elie question first answered 08/02/2018 15:23:10 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	499 label Biography information for Lord Campbell-Savours