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516553

	registered interest
	date	28/04/2016
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Terrorism: British Nationals Abroad
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government why they have not prosecuted the reported 350 Jihadis who have returned to the UK and are suspected of having fought in Syria or Iraq.
	tabling member printed	Lord Blencathra
	uin	HL8065
	answer	answer is ministerial correction date of answer 11/05/2016 answer text The Crown Prosecution Service (CPS) has successfully prosecuted 35 cases involving 54 defendants who have returned to the UK and are suspected of having fought in Syria and / or Iraq. It currently has 13 such ongoing prosecutions involving 30 defendants. The Public Prosecution Service Northern Ireland (PPSNI) is also dealing with one ongoing Syria-related prosecution. If there is evidence that people are going abroad to engage in terrorist activity, they can be arrested and prosecuted. They can also be arrested and prosecuted if they return to the UK. There are a wide range of offences that can be used to prosecute such individuals but each case has to be considered individually on its merits and whether an arrest or prosecution can take place will depend on the evidence available. If the police refer a case to the CPS, they consider whether the test in the Code for Crown Prosecutors is met. That is, whether there is sufficient evidence to provide a realistic prospect of conviction for any offence and, if so, whether it is in the public interest to prosecute. answering member printed Lord Keen of Elie question first answered 11/05/2016 11:30:49 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	497 label Biography information for Lord Blencathra

453536

	registered interest
	date	22/02/2016
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Trials
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, further to the Written Answer by Lord Keen of Elie on 19 February (HL5998), whether there are any circumstances under which the Crown Prosecution Service (CPS) may alter the speed at which video evidence is shown in court, and if so, whether the CPS is obliged to inform the court that the speed of the video evidence has been altered.
	tabling member printed	Lord Blencathra
	uin	HL6238
	answer	answer is ministerial correction date of answer 04/03/2016 answer text <p>Video evidence is routinely examined in court during criminal trials either frame by frame or at different speeds in order to aid the court’s understanding. In the case of image stills, time stamps can be used to indicate the passage of time between images. Both defence and prosecution lawyers are under a professional duty not to mislead the court.</p> answering member printed Lord Keen of Elie question first answered 04/03/2016 12:04:10 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	497 label Biography information for Lord Blencathra

178345

	registered interest
	date	06/02/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hunting: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government whether they have any plans to investigate the basis on which the Crown Prosecution Service brought forward a prosecution against Terrence Potter and Paul Whitehead of the Lunesdale Hunt.
	tabling member printed	Lord Blencathra
	uin	HL4733
	answer	answer is ministerial correction date of answer 19/02/2015 answer text <p>There is no plan to investigate the basis upon which this prosecution was brought.</p><p> </p><p> </p><p> </p><p>The prosecution was brought following an investigation by North Yorkshire Police into the alleged commission of a wildlife crime. The two defendants were originally charged by the police to appear in Court on 5 September 2014. The Crown Prosecution Service (CPS) subsequently undertook a review of the case, in accordance with the Code for Crown Prosecutors, and determined, firstly, that there was a realistic prospect of conviction and, secondly, that it was in the public interest to prosecute.</p><p> </p><p> </p><p> </p><p>As the allegations were denied, the case was listed for trial before York Magistrates’ Court on 21 January 2015. On the day of trial, two key prosecution witnesses who produced video evidence of the offence were unavailable to attend court. The CPS had previously made an application to adjourn and reschedule the trial. Due to an administrative failing this application was made very close to the trial date and it was refused by the court. The trial then took place in the absence of these two witnesses and without their evidence being heard. The Court found no case to answer against each defendant.</p><p> </p> answering member printed Lord Wallace of Tankerness question first answered 19/02/2015 09:34:31 answering member 630 label Biography information for Lord Wallace of Tankerness
	tabling member	497 label Biography information for Lord Blencathra

832862

	registered interest
	date	29/01/2018
	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	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they have any plans to review the performance of the Director of Public Prosecutions.
	tabling member printed	Lord Blencathra
	uin	HL5197
	answer	answer is ministerial correction date of answer 15/02/2018 answer text <p>The performance of the DPP is reviewed on a regular basis and the Attorney General has regular meetings with the DPP about the work of the Crown Prosecution Service. The Crown Prosecution Service is also regularly inspected by HM Crown Prosecution Service Inspectorate which includes looking at performance within each area and on a national level for thematic reports.</p> answering member printed Lord Keen of Elie question first answered 15/02/2018 14:02:05 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	497 label Biography information for Lord Blencathra

857574

	registered interest
	date	07/03/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	British Nationals Abroad: Syria
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 7 March (HL5766), whether they will set out what they regard as the public interest in prosecuting UK citizens who fought against ISIL forces in Syria, and not prosecuting those who fought against UK-backed forces in Syria.
	tabling member printed	Lord Blencathra
	uin	HL6146
	answer	answer is ministerial correction date of answer 21/03/2018 answer text <p>The decision to prosecute UK citizens who fought in Syria is taken independently of Government by the CPS with the permission of the Attorney General as the guardian of the public interest where required by statute. The public interest in prosecuting these cases is considered on a case by case basis taking account of the factors set out in the Code for Crown Prosecutors and the surrounding circumstances. There is no policy of prosecuting those who fought against ISIL forces and not prosecuting those who fought against UK-backed forces.</p><p> </p> answering member printed Lord Keen of Elie question first answered 21/03/2018 17:05:45 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	497 label Biography information for Lord Blencathra

846804

	registered interest
	date	22/02/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	British Nationals Abroad: Syria
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what discussions have taken place between the Director of Public Prosecutions and the Attorney General regarding the potential prosecution of UK citizens who fought against (1) UK backed forces in Syria, and (2) ISIL forces in Syria.
	tabling member printed	Lord Blencathra
	uin	HL5766
	answer	answer is ministerial correction date of answer 07/03/2018 answer text <p>The DPP has regular meetings with the Attorney General about the work of the Crown Prosecution Service. The CPS makes its prosecution decisions independently. The DPP is required to seek the AG’s permission before she gives her consent to the prosecution of certain offences under terrorism legislation. The AG makes those decision in line with the <em>Protocol between the Attorney General and the Prosecuting Departments</em>, that is ‘independently of government, applying well established prosecution principles of evidential sufficiency and public interest.’</p> answering member printed Lord Keen of Elie question first answered 07/03/2018 16:03:29 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	497 label Biography information for Lord Blencathra

451131

	registered interest
	date	08/02/2016
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Al-Sweady Inquiry
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government what discussions they have had with the Director of Public Prosecutions about the possibility of charges of fraud, corruption, conspiracy and attempting to pervert the course of justice being brought against lawyers working for Leigh Day and Public Interest Lawyers with regard to the Al Sweady case.
	tabling member printed	Lord Blencathra
	uin	HL5997
	answer	answer is ministerial correction date of answer 22/02/2016 answer text <p>The Crown Prosecution Service routinely provides the Attorney General with updates on cases and casework issues. In accordance with the practice adopted by previous Law Officers the Attorney General does not usually comment on which individual cases are raised with him.</p> answering member printed Lord Keen of Elie question first answered 22/02/2016 14:57:18 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	497 label Biography information for Lord Blencathra

825261

	registered interest
	date	17/01/2018
	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	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the Written Answer by Lord Keen of Elie on 16 January (HL4533), in cases where there is no evidence at all against an accused, whether the CPS intends to drop the wording recommended by Sir Richard Henriques that "the case failed to meet the evidential test", and to change the Code accordingly.
	tabling member printed	Lord Blencathra
	uin	HL4794
	answer	answer is ministerial correction date of answer 31/01/2018 answer text <p>The Crown Prosecution Service does not currently intend to change the wording recommended by Sir Richard Henriques for public announcements of decisions not to charge an individual, namely that “the case failed to meet the evidential test”.</p><p>The Crown Prosecution Service has no immediate plans to change the wording of the evidential stage of the full Code test.</p> answering member printed Lord Keen of Elie question first answered 31/01/2018 13:39:38 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	497 label Biography information for Lord Blencathra

178346

	registered interest
	date	06/02/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hunting: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government what scrutiny the Crown Prosecution Service makes of any evidence presented to them by the League Against Cruel Sports alleging breaches of the Hunting Act 2004 before deciding to prosecute.
	tabling member printed	Lord Blencathra
	uin	HL4734
	answer	answer is ministerial correction date of answer 19/02/2015 answer text <p>The Crown Prosecution Service (CPS) prosecutes following an investigation and referral of a case by the police. If the police charge an offence under the Hunting Act 2004 without a request for advice, a crown prosecutor reviews the case following charge. Each case will be reviewed in accordance with the Full Code Test set out in the Code for Crown Prosecutors. Where the evidential and public interest stages of the Full Code Test are met, then the CPS will robustly prosecute.</p><p> </p><p> </p><p> </p><p>The prosecutor must consider whether each piece of evidence is admissible, reliable and credible – this would include being satisfied that it was lawfully obtained. Evidence provided by the League against Cruel Sports would be looked at in the same way as any other evidence.</p><p> </p> answering member printed Lord Wallace of Tankerness question first answered 19/02/2015 09:35:00 answering member 630 label Biography information for Lord Wallace of Tankerness
	tabling member	497 label Biography information for Lord Blencathra

178348

	registered interest
	date	06/02/2015
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hunting: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government whether they have any plans to investigate the basis on which the Crown Prosecution Service brought charges against Donald Summersgill and joint-masters Rupert Andrews and David Greenwood of the Devon and Somerset Staghounds.
	tabling member printed	Lord Blencathra
	uin	HL4736
	answer	answer is ministerial correction date of answer 25/02/2015 answer text <p>The Crown Prosecution Service (CPS) properly applied the Code for Crown Prosecutors to the available evidence when making a decision to charge the three individuals with offences under the Hunting Act 2004. Having applied the Code for Crown Prosecutors, the decision was that at that time there was sufficient evidence to provide a realistic prospect of conviction for the charges laid against all three men.</p><p>Prosecutors must take account of any change in circumstances that occurs as a case develops, including what becomes known of the defence case. As a consequence of further information being made available it later became apparent that there was no longer a realistic prospect of conviction. The case was duly stopped.</p><p>There is no reason to believe that the CPS in reaching the decision to charge these three individuals did anything which requires an investigation into its conduct of the case.</p><p> </p> answering member printed Lord Wallace of Tankerness question first answered 25/02/2015 13:22:13 answering member 630 label Biography information for Lord Wallace of Tankerness
	tabling member	497 label Biography information for Lord Blencathra