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993548

registered interest
date	23/10/2018
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Prosecutions
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Attorney General, with reference to his power to grant his consent to a prosecution, whether he is required to make that decision in accordance with the 1972 Franks Committee memorandum criteria of (a) whether the charge is being brought in appropriate circumstances, (b) the five reasons for the requirement of consent, as set out in that memorandum and (c) the mischief at which the criminal law in question was addressed.
tabling member constituency	Brighton, Pavilion
tabling member printed	Caroline Lucas
uin	182735
answer	answer is ministerial correction date of answer 31/10/2018 answer text <p>For certain offences, Parliament has decided that the Attorney General’s consent is needed to bring a prosecution.</p><p>The Home Office memorandum to the Franks Committee in 1972 gave guidance on the reasons for including a consent requirement when creating a criminal offence. It provided that the basic reason for including a consent requirement is that otherwise there would be a risk of prosecutions being brought in inappropriate circumstances and identified five broader overlapping reasons for including a consent requirement.</p><p>It is a constitutional principle that, when deciding whether to consent to a prosecution, the Law Officers will consider all relevant facts including why it is proposed to bring the prosecution and the mischief which the proposed offence was intended to prevent and apply the well-established prosecution principles of evidential sufficiency and the public interest test.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 31/10/2018 14:56:17 answering member 4106 label Biography information for Sir Robert Buckland
tabling member	3930 label Biography information for Caroline Lucas

990401

registered interest
date	18/10/2018
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Prosecutions
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Attorney General, how many times he has been asked to consent to a prosecution; and in how many of those cases he (a) granted and (b) refused consent in each of the last five years.
tabling member constituency	Brighton, Pavilion
tabling member printed	Caroline Lucas
uin	181270
answer	answer is ministerial correction date of answer 25/10/2018 answer text <p>The Law Officers have received 705 applications for consent since 1 January 2013. Consent has been declined in 33 applications. Consent was declined on 14 occasions as there was insufficient evidence and on 19 occasions because a prosecution was not in the public interest.</p> answering member constituency Torridge and West Devon answering member printed Mr Geoffrey Cox question first answered 25/10/2018 08:42:15 answering member 1508 label Biography information for Sir Geoffrey Cox
tabling member	3930 label Biography information for Caroline Lucas