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1012534

	registered interest
	date	22/11/2018
	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 reply by Baroness Vere of Norbiton on 6 December 2017 (HL Deb, col 1051), whether Baroness Vere of Norbiton wrote to the Director of Public Prosecutions to ask whether she agrees that the definition of hate crime is broader than what is in statute and on what authority any broadening was based; and if so, what reply she received.
	tabling member printed	Lord Pearson of Rannoch
	uin	HL11726
	answer	answer is ministerial correction date of answer 04/12/2018 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> </p><p>In her response, the then 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> </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> </p><p>The recommendations of the Macpherson report were 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> </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> </p><p>In her letter, the then 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> answering member printed Lord Keen of Elie question first answered 04/12/2018 13:13:56 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3153 label Biography information for Lord Pearson of Rannoch

1017238

	registered interest
	date	29/11/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Attorney General: Billing
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, whether his Department holds data on the proportion of contracts issued by (a) his Department and (b) contractors to his Department that include provisions to impose that any payment due to a subcontractor be made no later than 30 days from the date on which the relevant invoice is regarded as valid and undisputed as required by the Public Contract Regulations 2015.
	tabling member constituency	Hemsworth
	tabling member printed	Jon Trickett
	uin	197330
	answer	answer is ministerial correction date of answer 12/12/2018 answer text <p>The Serious Fraud Office (SFO) keeps a central database of contracts it issues. All contracts issued since 2015 that permit subcontracting have contained such provisions.</p><p>The Government Legal Department (GLD), Attorney General’s Office (AGO), HM Crown Prosecution Service Inspectorate (HMCPSI) and Crown Prosecution Service (CPS) do not centrally hold this data. To calculate or estimate this would involve a manual check of contracts held and this would incur disproportionate cost.</p><p>For future exercises with an anticipated contract value above £5 million per annum, the CPS will apply the requirements of Procurement Policy Note 04/18 (published 29 November 2018). This requires departments to include ‘prompt payment’ questions in the selection of future suppliers.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 12/12/2018 15:03:01 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	410 label Biography information for Jon Trickett

1019411

	registered interest
	date	03/12/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Knives: Crime
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what estimate his Department has made of the proportion of knife related incidents that have not resulted in a successful prosecution in (a) Coventry, (b) the West Midlands and (c) the UK in each year since 2010.
	tabling member constituency	Coventry South
	tabling member printed	Mr Jim Cunningham
	uin	198171
	answer	answer is ministerial correction date of answer 06/12/2018 answer text <p>The Crown Prosecution Service (CPS) does not maintain a central record of the number of cases relating to knife crime incidents that have not resulted in a successful prosecution. This information could only be obtained by examining CPS case files, which would incur disproportionate cost.</p><p>National figures on selected offences involving a knife or sharp instrument may be obtained from the <em>Crime in England and Wales Bulletin Tables</em> published by the Office of National Statistics.</p><p>National figures on the numbers of prosecutions and outcomes for specific criminal offences including possession of weapons may be obtained from the official statistics published by the Ministry of Justice.</p><p>Prosecutions for knife related incidents may be brought by way of Section 139 of the Criminal Justice Act 1988 which provides for the offence of possession of a bladed or pointed article in a public place or Section 1 of the Prevention of Crime Act 1953 which makes the possession of an offensive weapon in a public place an offence.</p><p>The information held by CPS on such offences is limited to the number of offences in which a CPS prosecution was charged and which reached a first hearing in the Magistrates Court. The tables below show the number of these offences for England and Wales and the West Midlands CPS Area.</p><table><tbody><tr><td colspan="2"><p><strong>Table 1 - England &amp; Wales</strong></p></td></tr><tr><td><p> </p></td><td><p><strong>2010-2011</strong></p></td><td><p><strong>2011-2012</strong></p></td><td><p><strong>2012-2013</strong></p></td><td><p><strong>2013-2014</strong></p></td><td><p><strong>2014-2015</strong></p></td><td><p><strong>2015-2016</strong></p></td><td><p><strong>2016-2017</strong></p></td><td><p><strong>2017-2018</strong></p></td></tr><tr><td><p>Criminal Justice Act 1988 { 139 }</p></td><td><p>12,717</p></td><td><p>12,641</p></td><td><p>10,483</p></td><td><p>11,090</p></td><td><p>11,712</p></td><td><p>13,261</p></td><td><p>15,204</p></td><td><p>16,619</p></td></tr><tr><td><p>Prevention of Crime Act 1953 { 1 }</p></td><td><p>12,387</p></td><td><p>11,272</p></td><td><p>9,460</p></td><td><p>8,846</p></td><td><p>9,018</p></td><td><p>9,821</p></td><td><p>10,789</p></td><td><p>10,906</p></td></tr></tbody></table><table><tbody><tr><td colspan="2"><p><strong>Table 2 - West Midlands CPS Area</strong></p></td></tr><tr><td><p> </p></td><td><p><strong>2010-2011</strong></p></td><td><p><strong>2011-2012</strong></p></td><td><p><strong>2012-2013</strong></p></td><td><p><strong>2013-2014</strong></p></td><td><p><strong>2014-2015</strong></p></td><td><p><strong>2015-2016</strong></p></td><td><p><strong>2016-2017</strong></p></td><td><p><strong>2017-2018</strong></p></td></tr><tr><td><p>Criminal Justice Act 1988 { 139 }</p></td><td><p>1,147</p></td><td><p>1,259</p></td><td><p>1,036</p></td><td><p>1,078</p></td><td><p>1,145</p></td><td><p>1,455</p></td><td><p>1,676</p></td><td><p>1,890</p></td></tr><tr><td><p>Prevention of Crime Act 1953 { 1 }</p></td><td><p>1,123</p></td><td><p>1,054</p></td><td><p>822</p></td><td><p>877</p></td><td><p>914</p></td><td><p>994</p></td><td><p>1,158</p></td><td><p>1,183</p></td></tr></tbody></table><p>It should be noted that the figures relate to the number of offences and not the number of individual defendants. It is often the case that an individual defendant is charged with more than one offence.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 06/12/2018 17:32:34 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	308 label Biography information for Mr Jim Cunningham

1019991

	registered interest
	date	04/12/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Brexit: Legal Opinion
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, whether his Department will publish the full legal advice on the EU Withdrawal Agreement before the House votes on the Motion to approve that Agreement on 11 December 2018.
	tabling member constituency	Upper Bann
	tabling member printed	David Simpson
	uin	198781
	answer	answer is ministerial correction date of answer 10/12/2018 answer text <p>A copy of the final advice that the Attorney General provided to Cabinet on 14 November on the legal effect of the Withdrawal Agreement was published on 5 December. Copies have been placed in both libraries of the House and can be found online <a href="https://www.gov.uk/government/publications/exiting-the-eu-publication-of-legal-advice" target="_blank">here</a>.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 10/12/2018 12:58:50 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	1597 label Biography information for David Simpson

1020431

	registered interest
	date	05/12/2018
	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	1
	legislature	25259 pref label House of Commons
	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.
	tabling member constituency	Birmingham, Selly Oak
	tabling member printed	Steve McCabe
	uin	199279
	answer	answer is ministerial correction date of answer 10/12/2018 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 answering member printed Robert Buckland question first answered 10/12/2018 16:13:58 answering member 4106 label Biography information for Sir Robert Buckland attachment 1 file name 199279 and 199280 Annex 1 - Steve McCabe.doc title Annex 1
	tabling member	298 label Biography information for Steve McCabe

1020432

	registered interest
	date	05/12/2018
	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	1
	legislature	25259 pref label House of Commons
	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.
	tabling member constituency	Birmingham, Selly Oak
	tabling member printed	Steve McCabe
	uin	199280
	answer	answer is ministerial correction date of answer 10/12/2018 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 answering member printed Robert Buckland question first answered 10/12/2018 16:14:55 answering member 4106 label Biography information for Sir Robert Buckland attachment 1 file name 199279 and 199280 Annex 1 - Steve McCabe.doc title Annex 1
	tabling member	298 label Biography information for Steve McCabe

1020576

	registered interest
	date	06/12/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hate Crime
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what assessment he has made of trends in the number of cases of alleged hate crimes ending before going to court as a result of such complaints being withdrawn.
	tabling member constituency	Hendon
	tabling member printed	Dr Matthew Offord
	uin	199928
	answer	answer is ministerial correction date of answer 17/12/2018 answer text <p>In 2017-18, the number of non-convictions due to complainant retraction was 188, down from 198 the previous year. This accounted for 1.3% of all completed hate crime prosecutions. The Crown Prosecution Service is working closely with criminal justice partners to ensure the support offered to complainants and witnesses in hate crime cases is tailored to meet their individual needs.</p><p>The majority of hate crime prosecutions (75.4%) result in a guilty plea from defendants, reducing the need for complainants and witnesses to give evidence in court. However, where live evidence is required, the CPS is committed to supporting them to give their best evidence. This includes consideration of whether they would benefit from special measures such as giving evidence behind a screen or via a video link.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/12/2018 11:00:21 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4006 label Biography information for Dr Matthew Offord

1022987

	registered interest
	date	10/12/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Sentencing: Appeals
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, on how many occasions he has received requests to refer an individual sentence to the Court of Appeal on the grounds of undue leniency in each of the last five years; and on how many of those occasions was the request granted.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Liz Saville Roberts
	uin	200706
	answer	answer is ministerial correction date of answer 18/12/2018 answer text <p>The following table contains the number of requests to refer an individual sentence to the Court of Appeal on the grounds of undue leniency between 2014 and 2018:</p><p> </p><table><tbody><tr><td><p><strong>Year</strong></p></td><td><p><strong>2014</strong></p></td><td><p><strong>2015</strong></p></td><td><p><strong>2016</strong></p></td><td><p><strong>2017</strong></p></td><td><p><strong>2018 to date</strong></p></td></tr><tr><td><p>Requests to review sentences</p></td><td><p>676</p></td><td><p>713</p></td><td><p>837</p></td><td><p>943</p></td><td><p>1015*</p></td></tr><tr><td><p>Referrals CA</p></td><td><p>122</p></td><td><p>136</p></td><td><p>190</p></td><td><p>173</p></td><td><p>138**</p></td></tr><tr><td><p>Sentences increased</p></td><td><p>106</p></td><td><p>102</p></td><td><p>141</p></td><td><p>137</p></td><td><p>79</p></td></tr></tbody></table><p> </p><p>* 57 cases still under consideration</p><p>** 27 referrals to CA still to be heard</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 18/12/2018 11:16:56 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4521 label Biography information for Liz Saville Roberts

1023063

	registered interest
	date	10/12/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Business: Economic Crime
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what recent discussion he has had with the Secretary of State for Justice on proposals to reform the law on corporate liability for economic crime.
	tabling member constituency	Thirsk and Malton
	tabling member printed	Kevin Hollinrake
	uin	200738
	answer	answer is ministerial correction date of answer 17/12/2018 answer text <p>The Call for Evidence on Corporate Criminal Liability for Economic Crime contained a number of different options for reform, including a proposal to extend the failure to prevent offence to wider economic crimes other than bribery or tax evasion. The Government’s response is expected to be issued in 2019.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/12/2018 10:58:31 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4474 label Biography information for Kevin Hollinrake

1023069

	registered interest
	date	10/12/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Suicide
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, whether a suicide note is classified as a legal document.
	tabling member constituency	Leicester East
	tabling member printed	Keith Vaz
	uin	200564
	answer	answer is ministerial correction date of answer 17/12/2018 answer text <p>The Attorney General’s Office is not responsible for determining the legal status of any document. The legal status of a document would depend on a number of factors including the context it was being presented in.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/12/2018 10:55:55 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	338 label Biography information for Keith Vaz