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1472632

registered interest
date	22/06/2022
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Criminal Liability
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Attorney General, pursuant to the Answer of 23 May 2022 to Question 5345 on Criminal Liability, for what reason the CPS does not maintain a central record of any defence employed by defendants in criminal proceedings.
tabling member constituency	Huddersfield
tabling member printed	Mr Barry Sheerman
uin	23225
answer	answer is ministerial correction date of answer 01/07/2022 answer text <p>The Crown Prosecution Service (CPS) collects data to assist in the effective management of its prosecution functions. This data is derived from structured data fields completed on individual case records held in the Case Management Information System (CMS) and reported in the Management Information System (MIS).</p><p> </p><p>Any information recorded in the CMS about the defence(s) employed by defendants would be added as ‘freetext’ which cannot be centrally collated in the MIS and would only be obtainable by manually reviewing CPS case records. Defences employed are by their nature specific to the circumstances of each individual case, so collecting related data would provide little benefit as CPS operational management information.</p> answering member constituency Cheltenham answering member printed Alex Chalk question first answered 01/07/2022 07:54:42 answering member 4481 label Biography information for Alex Chalk
tabling member	411 label Biography information for Mr Barry Sheerman

1472637

registered interest
date	22/06/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Criminal Liability
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, with reference to the Law Commission’s discussion paper, entitled Criminal Liability: Insanity and Automatism, published on 23 July 2013, if his Department will conduct a review into the use of automatism as a legal defence.
tabling member constituency	Huddersfield
tabling member printed	Mr Barry Sheerman
uin	23229
answer	answer is ministerial correction date of answer 30/06/2022 answer text <p>The government is grateful to the Law Commission for their discussion paper on “Criminal Liability: Insanity and Automatism” published in 2013. The government has noted their proposals and has no immediate plans to conduct a further review as the defence of automatism is used so rarely, however, we have not ruled out the possibility of reform in the future. We keep the law in this area under appraisal alongside related law on insanity and unfitness to plead.</p> answering member constituency South Suffolk answering member printed James Cartlidge grouped question UIN 23230 question first answered 30/06/2022 13:23:28 answering member 4519 label Biography information for James Cartlidge
tabling member	411 label Biography information for Mr Barry Sheerman

1472638

registered interest
date	22/06/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Criminal Liability
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, with reference to the Answer of 20 June 2022 to Question 17873 on Criminal Liability, for what reasons his Department has no plans to bring forward reform to the use of automatism as a legal defence.
tabling member constituency	Huddersfield
tabling member printed	Mr Barry Sheerman
uin	23230
answer	answer is ministerial correction date of answer 30/06/2022 answer text <p>The government is grateful to the Law Commission for their discussion paper on “Criminal Liability: Insanity and Automatism” published in 2013. The government has noted their proposals and has no immediate plans to conduct a further review as the defence of automatism is used so rarely, however, we have not ruled out the possibility of reform in the future. We keep the law in this area under appraisal alongside related law on insanity and unfitness to plead.</p> answering member constituency South Suffolk answering member printed James Cartlidge grouped question UIN 23229 question first answered 30/06/2022 13:23:28 answering member 4519 label Biography information for James Cartlidge
tabling member	411 label Biography information for Mr Barry Sheerman

1470240

registered interest
date	14/06/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Criminal Liability
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, whether his Department has plans to reconsider the recommendations in the Law Commission's report, Criminal Liability: Insanity and Automatism, published in 2013.
tabling member constituency	Huddersfield
tabling member printed	Mr Barry Sheerman
uin	17873
answer	answer is ministerial correction date of answer 20/06/2022 answer text <p>The Government has considered the proposals in the Law Commission’s 2013 discussion paper.</p><p>Whilst we note the Law Commission’s proposals on the potential to update the law in this area, we have no immediate plans to bring forward legislative proposals in relation to this rarely-used defence. However, we continue to keep this, and the wider and related law on unfitness to plead, under review.</p> answering member constituency South Suffolk answering member printed James Cartlidge question first answered 20/06/2022 14:56:20 answering member 4519 label Biography information for James Cartlidge
tabling member	411 label Biography information for Mr Barry Sheerman

1465945

registered interest
date	25/05/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Criminal Liability
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, whether his Department plans to undertake an audit of the use of parasitic assessorial liability in convictions secured before 2016 to assess the (a) scope and (b) consequences of its application during the period the Supreme Court decided the law had been misapplied.
tabling member constituency	Stockton North
tabling member printed	Alex Cunningham
uin	8995
answer	answer is ministerial correction date of answer 06/06/2022 answer text <p>The Government has no current plans to conduct an audit of the presence of parasitic accessory liability in joint enterprise convictions secured before 2016.</p><p>The Ministry of Justice Court Proceedings database holds information on people who have been proceeded against, found guilty and sentenced for specific criminal offences in England and Wales (i.e. murder, manslaughter, etc). This centrally held information does not include information on whether a defendant proceeded against or found guilty of an offence was party to a joint enterprise that involved parasitic accessory liability.</p><p>Similarly, data on individual appeals against convictions where parasitic accessory liability may have been a factor is not held centrally.</p> answering member constituency South Suffolk answering member printed James Cartlidge question first answered 06/06/2022 15:28:25 answering member 4519 label Biography information for James Cartlidge
tabling member	4122 label Biography information for Alex Cunningham

1464548

registered interest
date	19/05/2022
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Criminal Liability
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Attorney General, how many people the CPS has acquitted on the defence of automatism in England and Wales as of 19th May 2022.
tabling member constituency	Huddersfield
tabling member printed	Mr Barry Sheerman
uin	5345
answer	answer is ministerial correction date of answer 23/05/2022 answer text <p>The Crown Prosecution Service (CPS) does not maintain a central record of any defence employed by defendants in criminal proceedings. This information could only be obtained by an examination of CPS case files, which would incur disproportionate cost.</p> answering member constituency Cheltenham answering member printed Alex Chalk question first answered 23/05/2022 09:17:48 answering member 4481 label Biography information for Alex Chalk
tabling member	411 label Biography information for Mr Barry Sheerman

1464552

registered interest
date	19/05/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Criminal Liability
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, whether he has plans to reform the use of automatism as a legal defence.
tabling member constituency	Huddersfield
tabling member printed	Mr Barry Sheerman
uin	5348
answer	answer is ministerial correction date of answer 27/05/2022 answer text <p>The Government has no current plans to bring forward legislative proposals in relation to this defence but it will be kept under review.</p> answering member constituency South Suffolk answering member printed James Cartlidge question first answered 27/05/2022 13:16:11 answering member 4519 label Biography information for James Cartlidge
tabling member	411 label Biography information for Mr Barry Sheerman

1327329

registered interest
date	24/05/2021
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Criminal Liability
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Attorney General, what proportion of criminal cases have been dropped by the Crown Prosecution Service where automatism has been used as a defence in each of the last three years.
tabling member constituency	Huddersfield
tabling member printed	Mr Barry Sheerman
uin	6191
answer	answer is ministerial correction date of answer 27/05/2021 answer text <p>The Crown Prosecution Service (CPS) does not maintain a central record of any defence employed by defendants in criminal proceedings. This information could only be obtained by an examination of CPS case files, which would incur disproportionate cost.</p> answering member constituency South East Cambridgeshire answering member printed Lucy Frazer question first answered 27/05/2021 16:42:48 answering member 4517 label Biography information for Lucy Frazer
tabling member	411 label Biography information for Mr Barry Sheerman

1307473

registered interest
date	12/04/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Criminal Liability
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, with reference to the recommendation made by the Law Commission as part of its project on Insanity and automatism in 2013, what steps the Government is taking to bring forward legislative proposals to replace the common law defence of insanity with a new defence of being not criminally responsible by reason of recognised medical condition.
tabling member constituency	Ealing Central and Acton
tabling member printed	Dr Rupa Huq
uin	179307
answer	answer is ministerial correction date of answer 15/04/2021 answer text <p>The Government has considered the proposals in the Law Commission’s 2013 discussion paper.</p><p> </p><p>Whilst we note the Law Commission’s proposals on the potential to update the law in this area, we have no current plans to bring forward legislative proposals in relation to this rarely used defence. However, we continue to keep this, and the wider and related law on unfitness to plead, under review.</p> answering member constituency Cheltenham answering member printed Alex Chalk grouped question UIN 179308 question first answered 15/04/2021 15:46:44 answering member 4481 label Biography information for Alex Chalk
tabling member	4511 label Biography information for Dr Rupa Huq

1307476

registered interest
date	12/04/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Criminal Liability
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what recent assessment he has made of the adequacy of the common law defence of insanity; and what steps the Government plans to take to improve the law on criminal insanity.
tabling member constituency	Ealing Central and Acton
tabling member printed	Dr Rupa Huq
uin	179308
answer	answer is ministerial correction date of answer 15/04/2021 answer text <p>The Government has considered the proposals in the Law Commission’s 2013 discussion paper.</p><p> </p><p>Whilst we note the Law Commission’s proposals on the potential to update the law in this area, we have no current plans to bring forward legislative proposals in relation to this rarely used defence. However, we continue to keep this, and the wider and related law on unfitness to plead, under review.</p> answering member constituency Cheltenham answering member printed Alex Chalk grouped question UIN 179307 question first answered 15/04/2021 15:46:44 answering member 4481 label Biography information for Alex Chalk
tabling member	4511 label Biography information for Dr Rupa Huq