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1078577
registered interest false more like this
date less than 2019-02-27more like thismore than 2019-02-27
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 remove filter
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, how many cases have been passed to the CPS by the police which the CPS has decided not to pursue (a) in each region and (b) at CPS Direct in each year since 2009. more like this
tabling member constituency Birmingham, Selly Oak more like this
tabling member printed
Steve McCabe remove filter
uin 226517 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-03-04more like thismore than 2019-03-04
answer text <p>The Crown Prosecution Service (CPS) maintains a central record of the number of suspects (not cases) referred to prosecutors for a pre-charge decision and the number of decisions not to prosecute suspects following a charging decision.</p><p>The tables at Annex 1 show the outcome of referrals from the police for a pre charge decision. Data is provided for each one of the CPS’ regional Areas from 2009/10 to 2017/18. This dataset incorporates all decisions taken by CPS Direct over this period.</p><p>The outcome of a decision can be one of the following:</p><p> </p><ul><li><p>Charge; Prosecutors must be satisfied there is enough evidence to provide a &quot;realistic prospect of conviction&quot; against each defendant and that the prosecution is in the public interest.</p></li><li><p>Take no further action for either evidential or public interest reasons;</p></li><li><p>Recommend that an out of court disposal is appropriate, such as a caution, conditional caution or that the offence is taken into consideration with other charges;</p></li><li><p>Administratively Finalise in cases where an early investigative advice has been sought by the police or, there is insufficient evidence to bring a charge at first referral, the police have been asked to complete an action plan and no further evidence is forthcoming. These cases may be reopened, if at a later date, new material is provided to the prosecution enabling a charging decision to be made; and</p></li><li><p>Other, when the result of the charging decision is not known or has not been given for that suspect.</p></li></ul><p> </p><p>The Charging and No Further Action (NFA) rates will vary from Area to Area depending upon the practice of local police forces to NFA weak cases without reference to the CPS. The Administratively Finalised rate is largely determined by the number of cases referred to the CPS for early investigative advice. In recent years, there has been a rise in the proportion of cases administratively finalised following an increased use of early investigative advice in rape cases.</p>
answering member constituency South Swindon more like this
answering member printed Robert Buckland more like this
question first answered
less than 2019-03-04T17:37:03.71Zmore like thismore than 2019-03-04T17:37:03.71Z
answering member
4106
label Biography information for Sir Robert Buckland more like this
attachment
1
file name 226517 - Annex 1.xlsx more like this
title Annex 1 remove filter
tabling member
298
label Biography information for Steve McCabe more like this
1064422
registered interest false more like this
date less than 2019-02-20more like thismore than 2019-02-20
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 Crown Prosecution Service more like this
house id 1 remove filter
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, pursuant to the answer of 4 February 2019 to Question 213932 on Crown Prosecution Service: West Midlands, what the change has been in the caseload for the Crown Prosecution Service for each principal offence category in each year from 2010. more like this
tabling member constituency Birmingham, Selly Oak more like this
tabling member printed
Steve McCabe remove filter
uin 223947 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-02-25more like thismore than 2019-02-25
answer text <p>The Crown Prosecution Service (CPS) maintains a central record of the volumes of completed prosecutions, or caseload, as a count of the number of defendants and collates the data collected in financial years. At the conclusion of each prosecution case the defendant is allocated one of 12 Principal Offence Categories that indicates the most serious offence with which the defendant is charged at the time of finalisation.</p><p> </p><p>The tables in Annex 1 show the number of finalised prosecution outcomes in the CPS nationally for each Principal Offence Category, during each year from 2010-11 to 2017-18, and the year on year change in both volume and percent.</p> more like this
answering member constituency South Swindon more like this
answering member printed Robert Buckland more like this
question first answered
less than 2019-02-25T11:47:39.357Zmore like thismore than 2019-02-25T11:47:39.357Z
answering member
4106
label Biography information for Sir Robert Buckland more like this
attachment
1
file name PQ 223847 Annex 1.docx more like this
title Annex 1 remove filter
tabling member
298
label Biography information for Steve McCabe more like this
1028660
registered interest false more like this
date less than 2018-12-19more like thismore than 2018-12-19
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 Road Traffic Offences: Prosecutions more like this
house id 1 remove filter
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, pursuant to the Answer of 10 of September 2018 to Question 199279, which motoring offences remain the responsibility of the CPS. more like this
tabling member constituency Birmingham, Selly Oak more like this
tabling member printed
Steve McCabe remove filter
uin 203777 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2019-01-11more like thismore than 2019-01-11
answer text <p>The Crown Prosecution Service maintains a list of motoring offences available for prosecution. This is set out as Annex 1.</p><p> </p><p>Offences that are specified by The Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 have been highlighted within Annex 1. They are commenced by the police in accordance with Section 12 Magistrates’ Courts Act 1980. The DPP has a duty, in accordance with section 3(2)(a) Prosecution of Offences Act 1985, to take over the conduct of proceedings including proceedings for offences that are no longer specified. An offence ceases to be specified if the accused does not plead guilty.</p><p> </p> more like this
answering member constituency South Swindon more like this
answering member printed Robert Buckland more like this
question first answered
less than 2019-01-11T11:34:38.823Zmore like thismore than 2019-01-11T11:34:38.823Z
answering member
4106
label Biography information for Sir Robert Buckland more like this
attachment
1
file name 203777 - Annex 1.xlsx more like this
title Annex 1 remove filter
tabling member
298
label Biography information for Steve McCabe more like this
1020431
registered interest false more like this
date less than 2018-12-05more like thismore than 2018-12-05
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 Crown Prosecution Service more like this
house id 1 remove filter
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, pursuant to the Answer of 26 November 2018 to Question 194050 on Crown Prosecution Service: Staff, how many minor motoring cases were transferred to the police in the same period. more like this
tabling member constituency Birmingham, Selly Oak more like this
tabling member printed
Steve McCabe remove filter
uin 199279 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-12-10more like thismore than 2018-12-10
answer text <p>The Prosecution of Offences Act 1985 (the 1985 Act) provides that the DPP had a duty to take over the conduct of all criminal proceedings, save for specified proceedings.</p><p> </p><p>Specified proceedings are designated by Section 3(3) of the Prosecution of Offences Act 1985 and the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 (the 1999 order) and include most motoring offences which are commenced by the police in accordance with Section 12 Magistrates’ Courts Act 1980.</p><p> </p><p>In 2012, the following motoring offences were added to the list of specified proceedings:</p><p> </p><table><tbody><tr><td><p><strong>No</strong></p></td><td><p><strong>Section</strong></p></td><td><p><strong>Statute</strong></p></td><td><p><strong>Offence</strong></p></td></tr><tr><td><p>1.</p></td><td><p>s.3</p></td><td><p>Road Traffic Act 1988</p></td><td><p>Careless and inconsiderate driving</p></td></tr><tr><td><p>2.</p></td><td><p>s.35</p></td><td><p>Road Traffic Act 1988</p></td><td><p>Failing to comply with a traffic direction</p></td></tr><tr><td><p>3.</p></td><td><p>s.163</p></td><td><p>Road Traffic Act 1988</p></td><td><p>Failing to stop a motor vehicle or bicycle when required to do so by the police</p></td></tr><tr><td><p>4.</p></td><td><p>s.170</p></td><td><p>Road Traffic Act 1988</p></td><td><p>Failing to stop, report an accident or give information or documents when required to do so</p></td></tr></tbody></table><p> </p><p>The Crown Prosecution Service (CPS) holds no record of the number of these motoring cases that were prosecuted by the police.</p><p> </p><p>The CPS does however maintain a central record of the volumes of completed prosecutions, assigned the Principal Offence Category ‘Motoring Offences’, as a count of the number of defendants.</p><p> </p><p>The table below shows that the number of these prosecutions has fallen between 2008 and 2018 as a likely result of the additional motoring offences having been added to the list of specified proceedings.</p><table><tbody><tr><td><p> </p></td><td><p><strong>Year Ending September 2008</strong></p></td><td><p><strong>Year Ending September 2018</strong></p></td><td><p><strong>Volume change</strong></p></td><td><p><strong>% Change</strong></p></td></tr><tr><td><p>CPS Motoring Offences Prosecution Caseload</p></td><td><p>379,837</p></td><td><p>99,331</p></td><td><p>-280,506</p></td><td><p>-73.8%</p></td></tr></tbody></table><table><tbody><tr><td><p><em>Data Source: Case Management Information System</em></p></td></tr></tbody></table>
answering member constituency South Swindon more like this
answering member printed Robert Buckland more like this
question first answered
less than 2018-12-10T16:13:58.843Zmore like thismore than 2018-12-10T16:13:58.843Z
answering member
4106
label Biography information for Sir Robert Buckland more like this
attachment
1
file name 199279 and 199280 Annex 1 - Steve McCabe.doc more like this
title Annex 1 remove filter
tabling member
298
label Biography information for Steve McCabe more like this
1020432
registered interest false more like this
date less than 2018-12-05more like thismore than 2018-12-05
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 Crown Prosecution Service more like this
house id 1 remove filter
legislature
25259
pref label House of Commons more like this
question text To ask the Attorney General, pursuant to the Answer of 26 November 2018 to Question 194050 on Crown Prosecution Service: Staff, what other types of case were transferred to the police in the same period. more like this
tabling member constituency Birmingham, Selly Oak more like this
tabling member printed
Steve McCabe remove filter
uin 199280 more like this
answer
answer
is ministerial correction false more like this
date of answer less than 2018-12-10more like thismore than 2018-12-10
answer text <p>The Prosecution of Offences Act 1985 (the 1985 Act) provides that the DPP had a duty to take over the conduct of all criminal proceedings, save for specified proceedings.</p><p> </p><p>Specified proceedings are designated by Section 3(3) of the Prosecution of Offences Act 1985 and the Prosecution of Offences Act 1985 (Specified Proceedings) Order 1999 (the 1999 order) and include most motoring offences which are commenced by the police in accordance with Section 12 Magistrates’ Courts Act 1980 by serving with the summons either a statement of facts about the offence or a copy of the written statements.</p><p> </p><p>The 1999 order also provides that proceedings cease to be specified when a court begins to receive evidence. At that stage the duty for a prosecutor to conduct the proceedings engages.</p><p> </p><p>Annex 1 provides the full list of offences falling within The Prosecution of Offences Act 1985 (specified proceedings) Order 1999) and including all amendments to date.</p><p> </p><p>During the 2008 – 2018 period the following offences were added to the list of specified proceedings as follows:</p><p> </p><p>Offences added in 2012:</p><p> </p><table><tbody><tr><td><p><strong>No</strong></p></td><td><p><strong>Section</strong></p></td><td><p><strong>Statute</strong></p></td><td><p><strong>Offence</strong></p></td></tr><tr><td><p>1.</p></td><td><p>s.3</p></td><td><p>Road Traffic Act 1988</p></td><td><p>Careless and inconsiderate driving</p></td></tr><tr><td><p>2.</p></td><td><p>s.35</p></td><td><p>Road Traffic Act 1988</p></td><td><p>Failing to comply with a traffic direction</p></td></tr><tr><td><p>3.</p></td><td><p>s.163</p></td><td><p>Road Traffic Act 1988</p></td><td><p>Failing to stop a motor vehicle or bicycle when required to do so by the police</p></td></tr><tr><td><p>4.</p></td><td><p>s.170</p></td><td><p>Road Traffic Act 1988</p></td><td><p>Failing to stop, report an accident or give information or documents when required to do so</p></td></tr><tr><td><p>5.</p></td><td><p>s.1(1)</p></td><td><p>Criminal Damage Act 1971</p></td><td><p>Criminal damage where the value of the property involved is no more than £5,000 (not including arson)</p></td></tr><tr><td><p>6.</p></td><td><p>s.12</p></td><td><p>Criminal Justice and Police Act 2001</p></td><td><p>Consumption of alcohol in a designated public place</p></td></tr><tr><td><p>7.</p></td><td><p>s.91</p></td><td><p>Criminal Justice Act 1967</p></td><td><p>Disorderly behaviour while drunk in a public place</p></td></tr><tr><td><p>8.</p></td><td><p>s.12</p></td><td><p>Licensing Act 1872</p></td><td><p>Being drunk in a highway, other public place or licensed premises</p></td></tr><tr><td><p>9.</p></td><td><p>s.63B(8)</p></td><td><p>Police and Criminal Evidence Act 1984</p></td><td><p>Failing to give a sample for the purposes of testing for the presence of Class A drugs</p></td></tr><tr><td><p>10.</p></td><td><p>s.12(3) and 14(3)</p></td><td><p>Drugs Act 2005</p></td><td><p>Failing to attend an assessment following testing for the presence of Class A drugs</p></td></tr><tr><td><p>11.</p></td><td><p>s.55 and 56</p></td><td><p>British Transport Commission Act 1949</p></td><td><p>Trespassing or throwing stones on the railway</p></td></tr><tr><td><p>12.</p></td><td><p>s.49</p></td><td><p>Fire and Rescue Services Act 2004</p></td><td><p>Knowingly giving a false alarm of fire</p></td></tr><tr><td><p>13.</p></td><td><p>s.5</p></td><td><p>Public Order Act 1986</p></td><td><p>Behaviour likely to cause harassment, alarm or distress</p></td></tr><tr><td><p>14.</p></td><td><p>s.11</p></td><td><p>Fireworks Act 2003</p></td><td><p>Contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements</p></td></tr><tr><td><p>15.</p></td><td><p>s.80</p></td><td><p>Explosives Act 1875</p></td><td><p>Throwing fireworks in a thoroughfare</p></td></tr><tr><td><p>16.</p></td><td><p>s.87(1)</p></td><td><p>Environmental Protection Act 1990</p></td><td><p>Depositing and leaving litter</p></td></tr></tbody></table><p> </p><p> </p><p>Offences added in 2014:</p><p> </p><table><tbody><tr><td><p><strong>No</strong></p></td><td><p><strong>Section</strong></p></td><td><p><strong>Statute</strong></p></td><td><p><strong>Offence</strong></p></td></tr><tr><td><p>1.</p></td><td><p>s.1</p></td><td><p>Theft Act 1968 (but only if the offence constitutes low-value shoplifting within the meaning of section 22A(3) of the Magistrates’ Courts Act 1980)</p></td><td><p>Theft (Shoplifting where the value of the stolen goods is worth £200 or less)</p></td></tr></tbody></table><p> </p>
answering member constituency South Swindon more like this
answering member printed Robert Buckland more like this
question first answered
less than 2018-12-10T16:14:55.17Zmore like thismore than 2018-12-10T16:14:55.17Z
answering member
4106
label Biography information for Sir Robert Buckland more like this
attachment
1
file name 199279 and 199280 Annex 1 - Steve McCabe.doc more like this
title Annex 1 remove filter
tabling member
298
label Biography information for Steve McCabe more like this