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1003680
star this property registered interest false more like this
star this property date less than 2018-11-09more like thismore than 2018-11-09
star this property answering body
Attorney General remove filter
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Attorney General: Billing more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, what proportion of contracts issued by his Department and contractors include provisions to impose, as between parties to the subcontract, that any payment due from the contractor to a subcontractor under the contract is to be made no later than the end of a period of 30 days from the date on which the relevant invoice is regarded as valid and undisputed, as required by the Public Contract Regulations 2015. more like this
star this property tabling member constituency Hemsworth more like this
star this property tabling member printed
Jon Trickett more like this
star this property uin 189562 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-11-23more like thisremove minimum value filter
star this property answer text <p>Wherever possible the Attorney General’s Office and the Law Officers Departments (the Crown Prosecution Service, the Serious Fraud Office, The Government Legal Department and HM Crown Prosecution Service Inspectorate) let contracts over £10,000 using call-off contracts from frameworks procured by the Crown Commercial Service (CCS). These frameworks include provision for payments to sub-contractors within 30 days of receipt of undisputed invoice.</p><p>Central records are not held for procurements partially, or fully, managed outside the procurement service. To confirm that these contracts include provisions for prompt payment of sub-contractor invoices would require a manual check of all procurement records, which would incur a disproportionate cost.</p> more like this
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-11-23T14:12:04.993Zmore like thismore than 2018-11-23T14:12:04.993Z
star this property answering member
4106
star this property label Biography information for Sir Robert Buckland more like this
unstar this property tabling member
410
unstar this property label Biography information for Jon Trickett more like this
1005633
star this property registered interest false more like this
star this property date less than 2018-11-12more like thismore than 2018-11-12
star this property answering body
Attorney General remove filter
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Brexit: Northern Ireland more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty's Government whether they intend to publish the legal advice prepared by the Attorney General for the Prime Minister on the Irish backstop proposals for the Brexit negotiations; whether the full advice was made available to members of the Cabinet; and if not, why not. more like this
star this property tabling member printed
Lord Myners more like this
star this property uin HL11404 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-11-26more like thismore than 2018-11-26
star this property answer text <p>The Government recognises the legitimate desire in Parliament, from Members on all sides and in both Houses, to understand the legal implications of the final Withdrawal Agreement. The Government will therefore make available to all members of Parliament a full, reasoned position statement, setting out the Government’s agreed legal position on the Agreement, including the Irish backstop proposals. The Attorney will also make a statement to the House of Commons and take questions. This will help to ensure Parliament has all appropriate information ahead of the vote on the final deal.</p><p> </p><p>We expect the Attorney General’s statement to be repeated in the Lords, with questions.</p> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2018-11-26T13:40:39.573Zmore like thismore than 2018-11-26T13:40:39.573Z
star this property answering member
4538
star this property label Biography information for Lord Keen of Elie more like this
unstar this property tabling member
3869
unstar this property label Biography information for Lord Myners more like this
1007043
star this property registered interest false more like this
star this property date less than 2018-11-14more like thismore than 2018-11-14
star this property answering body
Attorney General remove filter
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Domestic Abuse: Restraining Orders more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, whether he has had any discussions with the CPS on introducing tighter restrictions on the circumstances in which a restraining order may be varied to prevent the situation whereby a perpetrator of domestic abuse is granted a variation that permits them to work within a one mile radius from their victim. more like this
star this property tabling member constituency Harlow more like this
star this property tabling member printed
Robert Halfon more like this
star this property uin 191386 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-11-27more like thismore than 2018-11-27
star this property answer text <p>The Attorney General and Solicitor General meet the director of Public Prosecutions regularly to discuss CPS priority areas which includes ensuring that the CPS continues to protect vulnerable victims of crime. However, the Law Officers do not intervene on individual cases; judges have discretion to make decisions based on the evidence before them.</p><p>Section 12 of the Domestic Violence, Crime and Victims Act 2004 enables courts to make restraining orders at the conclusion of a case. These are civil orders; however, breach of an order is a criminal offence. The Crown Prosecution Service takes domestic abuse seriously and in 2017 in England and Wales 19,216 restraining orders were issued on conviction and 1,932 were issued on acquittal. The Government sees the response to domestic abuse as a top priority and is committed to securing justice for all victims.</p><p> </p><p> </p> more like this
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-11-27T16:10:18.567Zmore like thismore than 2018-11-27T16:10:18.567Z
star this property answering member
4106
star this property label Biography information for Sir Robert Buckland more like this
unstar this property tabling member
3985
unstar this property label Biography information for Robert Halfon more like this
1010547
star this property registered interest false more like this
star this property date less than 2018-11-21more like thismore than 2018-11-21
star this property answering body
Attorney General remove filter
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Dangerous Driving more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, what proportion of (a) car and (b) HGV drivers involved in an accident with a motorcyclist were charged with careless driving in each year from 2014 to 2017. more like this
star this property tabling member constituency Southampton, Itchen more like this
star this property tabling member printed
Royston Smith more like this
star this property uin 193490 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-11-27more like thismore than 2018-11-27
star this property answer text <p>Section 3 of the Road Traffic Act 1988 creates the offence of driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or public place. The Crown Prosecution Service (CPS) does not maintain a central record of the number of defendants charged with, or prosecuted for these offences. This information could only be obtained by examining CPS case files, which would incur disproportionate cost.</p><p>As Section 3 of the Road Traffic Act 1988 is a specified offence large numbers of careless driving offences are charged and prosecuted by the police with no involvement from the CPS. The CPS only become involved if the defendant pleads not guilty to the offence after which, CPS prosecutors take responsibility for reviewing the case and preparing the trial. Figures on the number of people prosecuted and the outcome of the prosecution of careless or inconsiderate driving offences may be obtained from the official statistics held by the Ministry of Justice.</p><p>The CPS does however maintain records of the number of offences in which a CPS prosecution commenced, including offences of careless or inconsiderate driving. The table below shows the number of these offences during each year between 2014 and 2017.</p><p> </p><table><tbody><tr><td><p> </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></tr><tr><td><p><strong>Road Traffic Act 1988 { 3 }</strong></p></td><td><p>11,230</p></td><td><p>9,730</p></td><td><p>9,238</p></td><td><p>8,350</p></td></tr></tbody></table><p>Data Source: CPS Case Management Information System</p><p> </p><p>It should be noted that the figures relate to the number of offences and not the number of individual defendants. It is may be the case that an individual defendant is charged with more than one offence.</p>
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-11-27T17:33:19.34Zmore like thismore than 2018-11-27T17:33:19.34Z
star this property answering member
4106
star this property label Biography information for Sir Robert Buckland more like this
unstar this property tabling member
4478
unstar this property label Biography information for Royston Smith more like this
1010729
star this property registered interest false more like this
star this property date less than 2018-11-20more like thismore than 2018-11-20
star this property answering body
Attorney General remove filter
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Dementia: Prosecutions more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, what guidance he has published on laying criminal charges against people with dementia. more like this
star this property tabling member constituency Hendon more like this
star this property tabling member printed
Dr Matthew Offord more like this
star this property uin 193451 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-11-28more like thismore than 2018-11-28
star this property answer text <p>All decisions to prosecute made by the Crown Prosecution Service must meet the Full Code Test set out in the Code for Crown Prosecutors. The Code makes it clear that there is a balance to be struck between the public interest in diverting a defendant with significant mental illness such as dementia from the criminal justice system and other public interest factors in favour of prosecution, including the need to safeguard the public.</p><p>The eighth edition of the Code for Crown Prosecutors was published in October 2018. Prosecutors are asked to “have regard to whether the suspect is, or was at the time of the offence, affected by any significant mental or physical ill health or disability, as in some circumstances this may mean that it is less likely that a prosecution is required. However, prosecutors will also need to consider how serious the offence was, whether the suspect is likely to re-offend and the need to safeguard the public or those providing care to such persons.”</p><p>The existing CPS legal guidance on prosecuting ‘Mentally Disordered Offenders’ is currently being revised to include specific guidance on prosecuting cases where the suspect suffers from a condition such as dementia. This will be published for public consultation in 2019.</p>
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-11-28T09:36:50.033Zmore like thismore than 2018-11-28T09:36:50.033Z
star this property answering member
4106
star this property label Biography information for Sir Robert Buckland more like this
unstar this property tabling member
4006
unstar this property label Biography information for Dr Matthew Offord more like this
1011646
star this property registered interest false more like this
star this property date less than 2018-11-21more like thismore than 2018-11-21
star this property answering body
Attorney General remove filter
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Crown Prosecution Service: Staff more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, pursuant to the Answer of 16 October 2018 to Question 175908, how many staff the Crown Prosecution Service employed (a) in each region and (b) at CPS Direct as at (i) 30 September 2018 and (ii) 30 September 2008. more like this
star this property tabling member constituency Birmingham, Selly Oak more like this
star this property tabling member printed
Steve McCabe more like this
star this property uin 194049 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-11-26more like thismore than 2018-11-26
star this property answer text <p>As of 30 September 2018, the CPS employed a total of 5,936 staff across its Area/Regional and HQ functions. A breakdown is provided in the following table:</p><table><tbody><tr><td><p><strong>Department</strong></p></td><td><p><strong>Headcount Total</strong></p></td></tr><tr><td><p>CPS Headquarters</p></td><td><p>502</p></td></tr><tr><td><p>Central Casework Divisions</p></td><td><p>706</p></td></tr><tr><td><p>CPS Direct</p></td><td><p>181</p></td></tr><tr><td><p>Cymru Wales</p></td><td><p>275</p></td></tr><tr><td><p>East Midlands</p></td><td><p>318</p></td></tr><tr><td><p>East of England</p></td><td><p>258</p></td></tr><tr><td><p>London North</p></td><td><p>456</p></td></tr><tr><td><p>London South</p></td><td><p>476</p></td></tr><tr><td><p>Mersey Cheshire</p></td><td><p>235</p></td></tr><tr><td><p>North East</p></td><td><p>259</p></td></tr><tr><td><p>North West</p></td><td><p>464</p></td></tr><tr><td><p>South East</p></td><td><p>251</p></td></tr><tr><td><p>South West</p></td><td><p>219</p></td></tr><tr><td><p>Thames &amp; Chiltern</p></td><td><p>271</p></td></tr><tr><td><p>Wessex</p></td><td><p>217</p></td></tr><tr><td><p>West Midlands</p></td><td><p>422</p></td></tr><tr><td><p>Yorkshire &amp; Humberside</p></td><td><p>426</p></td></tr><tr><td><p><strong>Grand Total</strong></p></td><td><p><strong>5936</strong></p></td></tr></tbody></table><p> </p><p> </p><p>As of 30 September 2008, the CPS employed a total of 8,768 staff across its Area/Regional and HQ functions. A breakdown is provided in the following table:</p><table><tbody><tr><td><p><strong>Department</strong></p></td><td><p><strong>Headcount Total</strong></p></td></tr><tr><td><p>CPS Headquarters</p></td><td><p>587</p></td></tr><tr><td><p>Central Casework</p></td><td><p>233</p></td></tr><tr><td><p>CPS Direct</p></td><td><p>158</p></td></tr><tr><td><p>East Midlands</p></td><td><p>596</p></td></tr><tr><td><p>Eastern</p></td><td><p>432</p></td></tr><tr><td><p>Greater Manchester</p></td><td><p>498</p></td></tr><tr><td><p>Lancashire &amp; Cumbria</p></td><td><p>331</p></td></tr><tr><td><p>London</p></td><td><p>1367</p></td></tr><tr><td><p>Merseyside &amp; Cheshire</p></td><td><p>385</p></td></tr><tr><td><p>North &amp; West Yorkshire</p></td><td><p>415</p></td></tr><tr><td><p>North East</p></td><td><p>462</p></td></tr><tr><td><p>South East</p></td><td><p>444</p></td></tr><tr><td><p>South West</p></td><td><p>370</p></td></tr><tr><td><p>South Yorkshire &amp; Humberside</p></td><td><p>311</p></td></tr><tr><td><p>Thames &amp; Chiltern</p></td><td><p>422</p></td></tr><tr><td><p>Cymru Wales</p></td><td><p>480</p></td></tr><tr><td><p>Wessex</p></td><td><p>392</p></td></tr><tr><td><p>West Midlands</p></td><td><p>885</p></td></tr><tr><td><p><strong>Grand Total</strong></p></td><td><p><strong>8,768</strong></p></td></tr></tbody></table><p>(Data Source Trent HR Database as at 22/11/2018)</p>
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-11-26T11:39:51.817Zmore like thismore than 2018-11-26T11:39:51.817Z
star this property answering member
4106
star this property label Biography information for Sir Robert Buckland more like this
unstar this property tabling member
298
unstar this property label Biography information for Steve McCabe more like this
1011647
star this property registered interest false more like this
star this property date less than 2018-11-21more like thismore than 2018-11-21
star this property answering body
Attorney General remove filter
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Crown Prosecution Service: Staff more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, pursuant to the answer of 16 October 2018 to Question 175908, during the same period what the change has been in the overall case load for the Crown Prosecution Service. more like this
star this property tabling member constituency Birmingham, Selly Oak more like this
star this property tabling member printed
Steve McCabe more like this
star this property uin 194050 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-11-26more like thismore than 2018-11-26
star this property 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. The table below shows the number of prosecutions for both the 12 months ending September 2008 and September 2018 and the change in both volume and percent.</p><p> </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><strong>CPS Prosecution Caseload </strong></p></td><td><p>1,051,047</p></td><td><p>511,090</p></td><td><p>-539,957</p></td><td><p>-51.4%</p></td></tr></tbody></table><p>(Data Source: Case Management Information System)</p><p> </p><p>The types of cases prosecuted by the CPS have changed significantly in the period between 2008 and 2018. Prosecutions for more serious and complex cases have risen, including a 5% increase in homicide, a 17% increase in fraud and forgery and a 28% increase in sexual offences cases. During the same period, minor motoring cases have fallen by 74% as responsibility for prosecuting some of these cases has transferred to the police.</p>
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2018-11-26T11:45:47.67Zmore like thismore than 2018-11-26T11:45:47.67Z
star this property answering member
4106
star this property label Biography information for Sir Robert Buckland more like this
unstar this property tabling member
298
unstar this property label Biography information for Steve McCabe more like this
1012396
star this property registered interest false more like this
star this property date less than 2018-11-22more like thismore than 2018-11-22
star this property answering body
Attorney General remove filter
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Money Laundering: Convictions and Prosecutions more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, how many (a) prosecutions and (b) convictions have been achieved by the (i) Serious Fraud Office and (ii) Crown Prosecution Service for high-end money laundering in each year since 2014. more like this
star this property tabling member constituency Newcastle upon Tyne North more like this
star this property tabling member printed
Catherine McKinnell more like this
star this property uin 194668 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-11-27more like thismore than 2018-11-27
star this property answer text <p>Sections 327, 328, 329 and 330 of the Proceeds of Crime Act 2002 create provisions to deal with offences of money laundering. The Ministry of Justice publishes data on the number of prosecutions and convictions under POCA where money laundering is the principal offence. There is no legal definition or specific criminal offence of “high end” money laundering. The Crown Prosecution Service (CPS) does not maintain a central record of the number of defendants prosecuted for, and convicted of these offences. This information could only be obtained by examining CPS case files, which would incur disproportionate cost.</p><p>CPS holds limited information on the number of offences which were charged and which reached a first hearing in the Magistrates Court. This does not equate to the number of defendants charged as single defendant may be charged with more than one offence. The figures for the period since 2014 are provided in the table below.</p><p> </p><table><tbody><tr><td><p> </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><strong>Sections 327 to 330 - Proceeds of Crime Act 2002</strong></p></td><td><p>4,542</p></td><td><p>4,866</p></td><td><p>4,813</p></td></tr></tbody></table><p> </p><p>The Serious Fraud Office (SFO) has prosecuted four individuals for money laundering offences since 2014. Two of these prosecutions resulted in a successful conviction in 2018. One of the two individuals unsuccessfully prosecuted was legally qualified.</p>
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property grouped question UIN 194669 more like this
star this property question first answered
less than 2018-11-27T15:56:59.12Zmore like thismore than 2018-11-27T15:56:59.12Z
star this property answering member
4106
star this property label Biography information for Sir Robert Buckland more like this
unstar this property tabling member
4125
unstar this property label Biography information for Catherine McKinnell more like this
1012397
star this property registered interest false more like this
star this property date less than 2018-11-22more like thismore than 2018-11-22
star this property answering body
Attorney General remove filter
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Money Laundering: Convictions and Prosecutions more like this
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, how many lawyers have been (a) prosecuted and (b) convicted by the (i) the Serious Fraud Office and (ii) Crown Prosecution Service for high-end money laundering in each year since 2014. more like this
star this property tabling member constituency Newcastle upon Tyne North more like this
star this property tabling member printed
Catherine McKinnell more like this
star this property uin 194669 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-11-27more like thismore than 2018-11-27
star this property answer text <p>Sections 327, 328, 329 and 330 of the Proceeds of Crime Act 2002 create provisions to deal with offences of money laundering. The Ministry of Justice publishes data on the number of prosecutions and convictions under POCA where money laundering is the principal offence. There is no legal definition or specific criminal offence of “high end” money laundering. The Crown Prosecution Service (CPS) does not maintain a central record of the number of defendants prosecuted for, and convicted of these offences. This information could only be obtained by examining CPS case files, which would incur disproportionate cost.</p><p>CPS holds limited information on the number of offences which were charged and which reached a first hearing in the Magistrates Court. This does not equate to the number of defendants charged as single defendant may be charged with more than one offence. The figures for the period since 2014 are provided in the table below.</p><p> </p><table><tbody><tr><td><p> </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><strong>Sections 327 to 330 - Proceeds of Crime Act 2002</strong></p></td><td><p>4,542</p></td><td><p>4,866</p></td><td><p>4,813</p></td></tr></tbody></table><p> </p><p>The Serious Fraud Office (SFO) has prosecuted four individuals for money laundering offences since 2014. Two of these prosecutions resulted in a successful conviction in 2018. One of the two individuals unsuccessfully prosecuted was legally qualified.</p>
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property grouped question UIN 194668 more like this
star this property question first answered
less than 2018-11-27T15:56:59.187Zmore like thismore than 2018-11-27T15:56:59.187Z
star this property answering member
4106
star this property label Biography information for Sir Robert Buckland more like this
unstar this property tabling member
4125
unstar this property label Biography information for Catherine McKinnell more like this
1012534
star this property registered interest false more like this
star this property date less than 2018-11-22more like thismore than 2018-11-22
star this property answering body
Attorney General remove filter
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Hate Crime: Prosecutions more like this
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property 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. more like this
star this property tabling member printed
Lord Pearson of Rannoch more like this
star this property uin HL11726 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-12-04more like thismore than 2018-12-04
star this property 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>
star this property answering member printed Lord Keen of Elie more like this
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less than 2018-12-04T13:13:56.54Zmore like thismore than 2018-12-04T13:13:56.54Z
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star this property label Biography information for Lord Keen of Elie more like this
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unstar this property label Biography information for Lord Pearson of Rannoch more like this