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147400
star this property registered interest false more like this
star this property date less than 2014-11-10more like thismore than 2014-11-10
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar 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 British Nationals Abroad: Armed Conflict 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 prosecute jihadis who have fought with ISIS and return to the United Kingdom; and if not, why not. more like this
star this property tabling member printed
Lord Blencathra remove filter
star this property uin HL2804 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-11-24more like thismore than 2014-11-24
star this property answer text <p>If there is evidence that people are going to Syria to engage in terrorist activity they can be arrested and prosecuted. Each case is considered individually in accordance with the rules of the applicable criminal law jurisdiction. In England and Wales if the police refer a case to the Crown Prosecution Service (CPS), they consider whether the test in the Code for Crown Prosecutors is met; that is whether there is sufficient evidence of any offence, and if so, whether it is in the public interest to prosecute. A similar public interest approach is taken by the office of the Lord Advocate, the sole prosecuting authority for Scotland.</p><p> </p><p> </p><p> </p><p>Whether an individual is arrested or prosecuted for a terrorism offence will always depend on the facts and circumstances of the case and is an operational decision for the police and responsible prosecuting authority. Safeguards are built in to our legislation and we rely on the professionals involved to make sure that prosecutions are pursued in appropriate cases. Whether any specific act falls within the definition of ‘terrorism’ and whether any individuals or groups have committed an offence will always depend on all facts and circumstances of the case. Depending on the specific circumstances, anyone who becomes involved with fighting overseas may be prosecuted under the applicable law on their return<strong>.</strong></p><p> </p><p> </p><p> </p><p> </p><p> </p><p>A very wide range of offences already exists on the statute books that can be used to prosecute such individuals and to manage the risk they may pose on return, including in the Terrorism Acts 2000 and 2006 which provide extra-territorial jurisdiction in relation to certain activities. In particular, where there is evidence that individuals are planning, promoting, funding, facilitating or participating in terrorist activities overseas - including involvement in fighting for terrorist groups - the relevant authorities will seek to prosecute them, before they go or on their return.</p><p> </p>
star this property answering member printed Lord Wallace of Tankerness more like this
star this property question first answered
less than 2014-11-24T17:26:25.463Zmore like thismore than 2014-11-24T17:26:25.463Z
star this property answering member
630
star this property label Biography information for Lord Wallace of Tankerness remove filter
star this property tabling member
497
unstar this property label Biography information for Lord Blencathra more like this
178345
star this property registered interest false more like this
star this property date less than 2015-02-06more like thismore than 2015-02-06
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar 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 Hunting: 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 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. more like this
star this property tabling member printed
Lord Blencathra remove filter
star this property uin HL4733 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2015-02-19more like thismore than 2015-02-19
star this property 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>
star this property answering member printed Lord Wallace of Tankerness more like this
star this property question first answered
less than 2015-02-19T09:34:31.287Zmore like thismore than 2015-02-19T09:34:31.287Z
star this property answering member
630
star this property label Biography information for Lord Wallace of Tankerness remove filter
star this property tabling member
497
unstar this property label Biography information for Lord Blencathra more like this
178346
star this property registered interest false more like this
star this property date less than 2015-02-06more like thismore than 2015-02-06
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar 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 Hunting: 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 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. more like this
star this property tabling member printed
Lord Blencathra remove filter
star this property uin HL4734 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2015-02-19more like thismore than 2015-02-19
star this property 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> more like this
star this property answering member printed Lord Wallace of Tankerness more like this
star this property question first answered
less than 2015-02-19T09:35:00.79Zmore like thismore than 2015-02-19T09:35:00.79Z
star this property answering member
630
star this property label Biography information for Lord Wallace of Tankerness remove filter
star this property tabling member
497
unstar this property label Biography information for Lord Blencathra more like this
178347
star this property registered interest false more like this
star this property date less than 2015-02-06more like thismore than 2015-02-06
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar 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 Hunting: 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 whether they have any plans to investigate the basis on which the Crown Prosecution Service brought charges against Mr Liddle of the Melbreak Hunt, charges which were then dropped. more like this
star this property tabling member printed
Lord Blencathra remove filter
star this property uin HL4735 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2015-02-19more like thismore than 2015-02-19
star this property answer text <p>Cumbria Constabulary charged Mr Liddle with hunting a wild mammal with dogs (contrary to Sections 1 and 6 of the Hunting Act 2004) and allowing dogs to be dangerously out of control (contrary to Section 3 of the Dangerous Dogs Act 1991). This followed an incident on 9 March 2014 when members of the public witnessed a fox being killed by a pack of hounds on land near Buttermere. The police were satisfied that there was sufficient evidence to charge Mr Liddle and issued a postal requisition on 6 June 2014. These offences fall within the category of offences where the charging decision rests with the police. Mr Liddle appeared at Workington Magistrates Court on 27 June 2014 and pleaded not guilty to all charges. Following receipt of all the evidential material from the police, the case was reviewed by the Crown Prosecution Service’s North West Area Wildlife Crime Lead. He applied the Code for Crown Prosecutors and determined that there was insufficient evidence to provide a realistic prospect of conviction having considered all of the required elements of the offence. Following consultation with Cumbria Constabulary the case was discontinued on 10 September 2014. The Crown Prosecution Service did not, therefore, bring charges against Mr Liddle. The case was brought to an end after the full evidential material was reviewed.</p><p> </p>
star this property answering member printed Lord Wallace of Tankerness more like this
star this property question first answered
less than 2015-02-19T09:34:10.15Zmore like thismore than 2015-02-19T09:34:10.15Z
star this property answering member
630
star this property label Biography information for Lord Wallace of Tankerness remove filter
star this property tabling member
497
unstar this property label Biography information for Lord Blencathra more like this
178348
star this property registered interest false more like this
star this property date less than 2015-02-06more like thismore than 2015-02-06
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar 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 Hunting: 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 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. more like this
star this property tabling member printed
Lord Blencathra remove filter
star this property uin HL4736 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2015-02-25more like thismore than 2015-02-25
star this property 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> more like this
star this property answering member printed Lord Wallace of Tankerness more like this
star this property question first answered
less than 2015-02-25T13:22:13.4Zmore like thismore than 2015-02-25T13:22:13.4Z
star this property answering member
630
star this property label Biography information for Lord Wallace of Tankerness remove filter
star this property tabling member
497
unstar this property label Biography information for Lord Blencathra more like this
44583
star this property registered interest false more like this
star this property date less than 2014-03-24more like thismore than 2014-03-24
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar 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 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 will instruct the Crown Prosecution Service to bring prosecutions relating to all cases of female genital mutilation reported in London since 2009. more like this
star this property tabling member printed
Lord Blencathra remove filter
star this property uin HL6240 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-04-02more like thismore than 2014-04-02
star this property answer text <p>The Crown Prosecution Service (CPS) is committed to tackling cases of female genital mutilation (FGM), however it can only prosecute cases referred to it by the police which meet both of the tests outlined in the Code for Crown Prosecutors.</p><p>The Code sets out a two stage test which must be applied when deciding whether a case should be prosecuted. The first stage is the evidential test which requires prosecutors to be satisfied that there is sufficient evidence to provide a realistic prospect of conviction. If the evidential stage of the test is met prosecutors must then go on to identify the relevant public interest factors tending for and against the prosecution in order to form an overall assessment of whether a prosecution is in the public interest.</p><p> </p> more like this
star this property answering member printed Lord Wallace of Tankerness more like this
star this property question first answered
less than 2014-04-02T12:00:00.00Zmore like thismore than 2014-04-02T12:00:00.00Z
star this property answering member
630
star this property label Biography information for Lord Wallace of Tankerness remove filter
star this property tabling member
497
unstar this property label Biography information for Lord Blencathra more like this
89894
star this property registered interest false more like this
star this property date less than 2014-09-01more like thismore than 2014-09-01
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar 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 Offences against Children: Rotherham 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 what consideration they are giving to bringing criminal charges for conspiracy and misconduct in a public office against any officials, social workers, councillors and police officers who failed to take action against child abusers and rapists, as outlined in the report by Professor Jay, <i>Independent Inquiry into Child Sexual Exploitation in Rotherham (1997 – 2013)</i>. more like this
star this property tabling member printed
Lord Blencathra remove filter
star this property uin HL1736 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2014-09-15more like thismore than 2014-09-15
star this property answer text <p> </p><p>South Yorkshire Police is currently conducting a number of investigations which relate to the period covered by the report. As these are ongoing investigations it would be inappropriate to make further comment. The CPS will consider all potential offences referred to it by the police in accordance with the two-stage test set out in the <em>Code for Crown Prosecutors</em>.</p><p> </p> more like this
star this property answering member printed Lord Wallace of Tankerness more like this
star this property question first answered
less than 2014-09-15T11:27:55.548944Zmore like thismore than 2014-09-15T11:27:55.548944Z
star this property answering member
630
star this property label Biography information for Lord Wallace of Tankerness remove filter
star this property tabling member
497
unstar this property label Biography information for Lord Blencathra more like this