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1003680
unstar this property answering dept short name Attorney General more like this
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WrittenParliamentaryQuestion
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answer
unstar 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
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410
unstar this property label Biography information for Jon Trickett more like this
1005633
unstar this property answering dept short name Attorney General more like this
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WrittenParliamentaryQuestion
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answer
unstar 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
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3869
unstar this property label Biography information for Lord Myners more like this
1007043
unstar this property answering dept short name Attorney General more like this
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WrittenParliamentaryQuestion
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answer
unstar 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
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3985
unstar this property label Biography information for Robert Halfon more like this
1010547
unstar this property answering dept short name Attorney General more like this
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WrittenParliamentaryQuestion
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answer
unstar 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>
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4478
unstar this property label Biography information for Royston Smith more like this
1010729
unstar this property answering dept short name Attorney General more like this
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WrittenParliamentaryQuestion
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answer
unstar 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>
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4006
unstar this property label Biography information for Dr Matthew Offord more like this
1011646
unstar this property answering dept short name Attorney General more like this
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WrittenParliamentaryQuestion
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answer
unstar 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>
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298
unstar this property label Biography information for Steve McCabe more like this
1011647
unstar this property answering dept short name Attorney General more like this
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WrittenParliamentaryQuestion
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answer
unstar 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>
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298
unstar this property label Biography information for Steve McCabe more like this
1012396
unstar this property answering dept short name Attorney General more like this
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WrittenParliamentaryQuestion
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answer
unstar 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>
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4125
unstar this property label Biography information for Catherine McKinnell more like this
1012397
unstar this property answering dept short name Attorney General more like this
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WrittenParliamentaryQuestion
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answer
unstar 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>
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4125
unstar this property label Biography information for Catherine McKinnell more like this
1012534
unstar this property answering dept short name Attorney General more like this
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WrittenParliamentaryQuestion
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answer
unstar 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>
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3153
unstar this property label Biography information for Lord Pearson of Rannoch more like this