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818588

registered interest
date	08/01/2018
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	National Fund
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what progress they have made in enabling the National Fund charity to make appropriate donations; and whether they intend to apply to the courts for a scheme allowing the Fund to be used for its original purpose.
tabling member printed	Baroness Hayter of Kentish Town
uin	HL4465
answer	answer is ministerial correction date of answer 22/01/2018 answer text <p>The National Fund was created in 1928 with an initial anonymous donation of £500,000 with the aim of eventually extinguishing the national debt. It has accumulated significant funds through further donations and income over the years, as set out in the <strong><ins class="ministerial">attached </ins></strong>chart <del class="ministerial">below</del>. It is currently estimated to be worth over £460 million.</p><p>The terms of the deed of Trust for the National Fund are such that the Trustees are required to accumulate the net income and profits of the trust fund until the value of the fund along with its accumulated income, when added to the value of any other funds applicable for the same purpose, is sufficient to discharge the entirety of the National Debt. Given the terms of the trust, the money is currently ‘locked’ in the fund.</p><p>The Attorney General’s Office is working with the Charity Commission and the Fund’s trustees to help resolve this legally complicated matter.</p><p> </p><p> </p> answering member printed Lord Keen of Elie question first answered 22/01/2018 14:42:46 question first ministerially corrected 16/05/2018 10:48:18 answering member 4538 label Biography information for Lord Keen of Elie attachment 1 file name Chart 2.pdf title Chart previous answer version 35717 answering member printed Lord Keen of Elie answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4159 label Biography information for Baroness Hayter of Kentish Town

810452

registered interest
date	21/12/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Hate Crime: 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 on 6 December (HL Deb, col 1050), whether the definition of hate crime adopted by the Crown Prosecution Service to facilitate the reporting of incidents is wider than the legal definition of such crime under the Crime and Disorder Act 1998 and the Criminal Justice Act 2003; if so, how; and upon what authority it was issued.
tabling member printed	Lord Pearson of Rannoch
uin	HL4420
answer	answer is ministerial correction date of answer 09/01/2018 answer text <p>The flagging definition for hate crime was agreed between the CPS and the NPCC (ACPO as it was then) in 2007. It is wider than the definition set out in legislation to ensure that all relevant cases are captured.</p><p>The flagging definition comes from the recommended definition in the Macpherson report published in 1999 as a result of the inquiry into the murder of Stephen Lawrence. The Macpherson report recommended that ‘this definition should be universally adopted by the Police, local Government and other relevant agencies’.</p><p>This recommendation in the Macpherson report was welcomed by the Government at the time and the current Government remains in support of this position. The CPS has worked with police to implement the recommended definition across all strands of hate crime. The CPS takes tackling hate crime seriously and recognises the need to increase public confidence to report. The flagging definition is important in achieving this aim.</p><p>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). This means that not every incident that the victim or another person has perceived to be a hate crime will actually be a hate crime in law.</p><p>The CPS legal guidance recognises the potential impact of prosecutions on Article 10 of the European Convention on Human Rights (the right to freedom of expression). The CPS must balance the rights of an individual to freedom of speech against the duty of the state to act proportionately and to protect the rights of others.</p><p> </p> answering member printed Lord Keen of Elie question first answered 09/01/2018 17:09:20 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	3153 label Biography information for Lord Pearson of Rannoch

810453

registered interest
date	21/12/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Hate Crime: Prosecutions
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the remarks by Baroness Vere of Norbiton on 6 December (HL Deb, col 1051), whether the Baroness Vere of Norbiton has written to the Director of Public Prosecutions as indicated; and if so, what response has been received.
tabling member printed	Lord Pearson of Rannoch
uin	HL4421
answer	answer is ministerial correction date of answer 09/01/2018 answer text <p>Baroness Vere of Norbiton wrote to the Director of Public Prosecutions (DPP) on 13 December 2017. The DPP provided her response on 9 January 2018.</p><p>In her response, the DPP confirmed that the flagging definition for hate crime was agreed between the CPS and the NPCC (ACPO as it was then) in 2007 and that it is wider than the definition set out in legislation to ensure all relevant cases are captured.</p><p>The CPS adopted the recommended definition in the Macpherson report published in 1999 as a result of the inquiry into the murder of Stephen Lawrence. The Macpherson report also recommended that ‘this definition should be universally adopted by the Police, local Government and other relevant agencies’.</p><p>This recommendation in the Macpherson report was welcomed by the Government at the time and the current Government remains in support of this position. The CPS has worked with police to implement the recommended definition across all strands of hate crime. The CPS takes tackling hate crime seriously and recognises the need to increase public confidence to report. The flagging definition is important in achieving this aim.</p><p>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). This means that not every incident that the victim or another person has perceived to be a hate crime will actually be a hate crime in law.</p><p>In her letter, the DPP also confirmed that the CPS legal guidance recognises the potential impact of prosecutions on Article 10 of the European Convention on Human Rights (the right to freedom of expression). The CPS must balance the rights of an individual to freedom of speech against the duty of the state to act proportionately and to protect the rights of others.</p><p><strong> </strong></p> answering member printed Lord Keen of Elie question first answered 09/01/2018 17:10:42 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	3153 label Biography information for Lord Pearson of Rannoch

810018

registered interest
date	20/12/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Rape: Trials
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what discussions the Attorney General has had with the Director of Public Prosecutions regarding trials where the prosecution has ceased to prosecute rape cases in recent months; and how many rape cases have been discontinued in court due to a failure to disclose evidence in the last three months.
tabling member printed	Lord Morris of Aberavon
uin	HL4364
answer	answer is ministerial correction date of answer 08/01/2018 answer text <p>The Attorney General has frequent discussions with the Director of Public Prosecutions (DPP) on a range of issues relating to the prosecution of rape and sexual offending.</p><p>This month the DPP is bringing together partners from across the criminal justice system to discuss the challenges of satisfying the statutory disclosure test in the digital age.</p><p>More broadly, the Attorney General has also announced that he is undertaking a review of disclosure in the criminal justice system to ensure it is fit for purpose.</p><p>There are a number of reasons why a rape prosecution may not be continued with. Internal CPS case outcome recording data for 2016-17 shows that issues connected to the disclosure of unused material were recorded as the primary reason for 2% of the rape prosecutions that were subsequently not proceeded with after charge. More recent data are not currently available.</p> answering member printed Lord Keen of Elie question first answered 08/01/2018 14:52:29 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	565 label Biography information for Lord Morris of Aberavon

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

808743

registered interest
date	18/12/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Royal Albert Hall
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government when the Attorney General is expected to rule on the Albert Hall case referred to him by the Charity Commission in September.
tabling member printed	Lord Hodgson of Astley Abbotts
uin	HL4267
answer	answer is ministerial correction date of answer 04/01/2018 answer text <p>The Attorney General has received a request from the Charity Commission to grant his consent to a reference to the Charity Commission on various points of law. The Attorney General requested further information from the Charity Commission and the Royal Albert Hall Corporation. He has now received that further information and expects to make a decision early this year.</p> answering member printed Lord Keen of Elie question first answered 04/01/2018 14:19:04 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	1651 label Biography information for Lord Hodgson of Astley Abbotts

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

803039

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 covers cases in which a Christian says that Jesus is the only Son of the one true God if this offends anyone of any other religion.
tabling member printed	Lord Pearson of Rannoch
uin	HL4004
answer	answer is ministerial correction date of answer 19/12/2017 answer text <p>The CPS assesses each case on its individual facts and circumstances. Prosecutions can only be brought in line with legislation and in accordance with the Code for Crown Prosecutors. For something to be considered a hate crime, the perpetrator must have first committed a crime in accordance with the relevant legislation.</p><p>The CPS legal guidance on hate crime recognises the right to freedom of expression set out in Article 10 of the European Convention on Human Rights. The CPS seeks to balance the right to freedom of speech and expression against the duty of the state to act proportionately.</p><p>In relation to offences of stirring up religious hatred, there is a freedom of expression defence contained in Section 29J of the Public Order Act 1986, which explicitly states nothing in the Act; &quot;...prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult, or abuse of particular religions, or the beliefs or practices of its adherents.&quot;</p> answering member printed Lord Keen of Elie question first answered 19/12/2017 15:27:51 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	3153 label Biography information for Lord Pearson of Rannoch

788899

registered interest
date	14/11/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Cryptocurrencies: Confiscation Orders
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether any confiscation orders have been made under the Proceeds of Crime Act 2002 relating to sums held in digital currencies; and if so, whether those orders required payment in the relevant digital currency or in pounds sterling.
tabling member printed	Lord Harris of Haringey
uin	HL3208
answer	answer is ministerial correction date of answer 27/11/2017 answer text <p>The Crown Prosecution Service (CPS) has obtained one confiscation order to the value of £2.2m, of which approximately £26,000 (1% of the total) is held in a digital currency. The confiscation order must be paid in pounds sterling. The Serious Fraud Office (SFO) has not obtained any confiscation orders of this type. Other prosecutors outside of the CPS and SFO have powers to obtain confiscation orders; data for those prosecutors is not known.</p><p>The CPS has successfully obtained 5 restraint orders where the assets restrained include digital currency. The CPS has obtained ancillary orders from the Crown Court to make those restraint orders more effective by requiring suspects or defendants to repatriate digital currencies held abroad to the UK, to disclose the full particulars of digital currencies held and to allow the digital currency held to be converted to a flat currency, namely pounds sterling.</p><p>The CPS is considering the execution of a mutual recognition request from an EU Member State, which has sought recognition of a freezing order over digital currency held in digital currency exchange accounts.</p> answering member printed Lord Keen of Elie question first answered 27/11/2017 14:21:11 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	2671 label Biography information for Lord Harris of Haringey

785829

registered interest
date	07/11/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Suicide: Internet
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the answers by Lord Agnew of Oulton on 7 November and Lord Ashton of Hyde on 6 November (HL Deb, col 1594), what steps they are taking under the Suicide Act 1961 to prosecute those responsible for internet sites that incite, aid or abet the promotion of suicide.
tabling member printed	Lord Alton of Liverpool
uin	HL2977
answer	answer is ministerial correction date of answer 21/11/2017 answer text <p>The Director of Public Prosecutions has published a ‘Policy for Prosecutors in Respect of Cases of Encouraging or Assisting Suicide’. In this policy, the DPP makes the CPS position clear that, in the context of websites that promote suicide, a suspect may commit the offence of encouraging or assisting suicide, if it is intended that one or more readers of such material will commit or attempt to commit suicide.</p><p> </p><p>In considering whether or not to bring charges under section 2 of the Suicide Act 1961, a Crown Prosecutor will apply the Full Code Test as set out in the Code for Crown Prosecutors, giving consideration to both the evidence and the public interest in prosecuting, as they would with any other offence.</p><p> </p> answering member printed Lord Keen of Elie question first answered 21/11/2017 15:02:32 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	738 label Biography information for Lord Alton of Liverpool