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1464548

	registered interest
	date	19/05/2022
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Criminal Liability
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, how many people the CPS has acquitted on the defence of automatism in England and Wales as of 19th May 2022.
	tabling member constituency	Huddersfield
	tabling member printed	Mr Barry Sheerman
	uin	5345
	answer	answer is ministerial correction date of answer 23/05/2022 answer text <p>The Crown Prosecution Service (CPS) does not maintain a central record of any defence employed by defendants in criminal proceedings. This information could only be obtained by an examination of CPS case files, which would incur disproportionate cost.</p> answering member constituency Cheltenham answering member printed Alex Chalk question first answered 23/05/2022 09:17:48 answering member 4481 label Biography information for Alex Chalk
	tabling member	411 label Biography information for Mr Barry Sheerman

1472632

	registered interest
	date	22/06/2022
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Criminal Liability
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, pursuant to the Answer of 23 May 2022 to Question 5345 on Criminal Liability, for what reason the CPS does not maintain a central record of any defence employed by defendants in criminal proceedings.
	tabling member constituency	Huddersfield
	tabling member printed	Mr Barry Sheerman
	uin	23225
	answer	answer is ministerial correction date of answer 01/07/2022 answer text <p>The Crown Prosecution Service (CPS) collects data to assist in the effective management of its prosecution functions. This data is derived from structured data fields completed on individual case records held in the Case Management Information System (CMS) and reported in the Management Information System (MIS).</p><p> </p><p>Any information recorded in the CMS about the defence(s) employed by defendants would be added as ‘freetext’ which cannot be centrally collated in the MIS and would only be obtainable by manually reviewing CPS case records. Defences employed are by their nature specific to the circumstances of each individual case, so collecting related data would provide little benefit as CPS operational management information.</p> answering member constituency Cheltenham answering member printed Alex Chalk question first answered 01/07/2022 07:54:42 answering member 4481 label Biography information for Alex Chalk
	tabling member	411 label Biography information for Mr Barry Sheerman

1472634

	registered interest
	date	22/06/2022
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Road Traffic Offences: Administration of Justice
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, whether she is taking steps to improve access to justice for victims of death by driving offenders.
	tabling member constituency	Huddersfield
	tabling member printed	Mr Barry Sheerman
	uin	23226
	answer	answer is ministerial correction date of answer 01/07/2022 answer text <p>The Crown Prosecution Service (CPS) recognise that deaths caused by driving offences are particularly tragic cases and ensuring that the victim’s family is appropriately informed and supported in the aftermath is incredibly important.</p><p> </p><p>Crown Prosecutors must always adhere to the two-stage test set out in the Code for Crown Prosecutors when making charging decisions in any case. This means first objectively assessing whether the evidential threshold is met, and if this aspect of the test is satisfied, going on to consider whether a prosecution is required in the public interest.</p><p> </p><p>The CPS operates a Victims’ Right to Review (VRR) Scheme which enables close relatives of a person whose death was directly caused by criminal conduct to seek a review of a CPS decision not to bring a prosecution, or to discontinue a case. This scheme has been designed to be as accessible as possible, with no obligation on a victim’s family to make specific representations relating to the CPS decision, it is sufficient to simply ask that the decision be reviewed.</p><p> </p><p>The CPS also has specific guidance and practices which deliver an enhanced standard of service to bereaved families, in recognition of the particularly difficult nature of these cases. This will include offering a meeting with the victim’s family to explain any CPS decision not to charge, and at various other stages of a case.</p><p> </p><p>Improving the experience of victims of crime is a priority for the CPS and last year it commissioned independent research to better understand what victims want and need; and to identify areas for improvement. On the 27 June, the CPS published its response to the research findings, setting out four key areas of action which will form the basis of a long-term programme of work to improve how it engages with victims.</p> answering member constituency Cheltenham answering member printed Alex Chalk question first answered 01/07/2022 07:52:24 answering member 4481 label Biography information for Alex Chalk
	tabling member	411 label Biography information for Mr Barry Sheerman

1472635

	registered interest
	date	22/06/2022
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Road Traffic Offences: Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what steps the Crown Prosecution Service takes when deciding to prosecute defendants of road death offences.
	tabling member constituency	Huddersfield
	tabling member printed	Mr Barry Sheerman
	uin	23227
	answer	answer is ministerial correction date of answer 30/06/2022 answer text <p>The Crown Prosecution Service (CPS), in making its decision on whether or not a case should be prosecuted, will always apply the two-stage test set out in the <a href="https://www.cps.gov.uk/publication/code-crown-prosecutors" target="_blank">Code for Crown Prosecutors</a> (the Code).</p><p> </p><p>The Code is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985. The Code gives guidance to prosecutors on the general principles to be applied when making decisions about prosecutions.</p><p> </p><p>The first stage (the evidential stage) requires the prosecutor to be satisfied that there is a realistic prospect of conviction on the evidence. The second stage (the public interest stage) requires the prosecutor to be satisfied that the prosecution is in the public interest. The case will not proceed unless both stages of the test are met.</p><p> </p><p>The CPS provides <a href="https://www.cps.gov.uk/legal-guidance/road-traffic-charging" target="_blank">legal guidance</a> to assist prosecutors in charging cases involving fatal road traffic collisions. It outlines the charging standards and factors for consideration when prosecution decisions are taken.</p><p> </p><p>In order to ensure consistency of approach, charging decisions in all fatal collision cases are required to be approved by a Chief Crown Prosecutor (CCP), a Deputy Chief Crown Prosecutor (DCCP), or a senior decision-maker nominated for the role by the CCP or DCCP.</p> answering member constituency Cheltenham answering member printed Alex Chalk question first answered 30/06/2022 07:59:57 answering member 4481 label Biography information for Alex Chalk
	tabling member	411 label Biography information for Mr Barry Sheerman

1472636

	registered interest
	date	22/06/2022
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Road Traffic Offences: Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what assessment she has made of adequacy of recourses for the Crown Prosecution Service to prosecute defendants of road death offences.
	tabling member constituency	Huddersfield
	tabling member printed	Mr Barry Sheerman
	uin	23228
	answer	answer is ministerial correction date of answer 01/07/2022 answer text <p>The CPS does not have dedicated teams that deal with road death cases. However, these cases are always dealt with carefully and sensitively by prosecutors who have the skills and experience to apply the relevant law and CPS policies.</p><p> </p><p>Crown Prosecutors must always adhere to the two-stage test set out in the Code for Crown Prosecutors when making charging decisions in any case. This means first objectively assessing whether the evidential threshold is met, and if this aspect of the test is satisfied, going on to consider whether a prosecution is required in the public interest.</p><p> </p><p>In addition, CPS guidance on <a href="https://www.cps.gov.uk/legal-guidance/road-traffic-charging" target="_blank">Road Traffic - Charging</a> assists prosecutors in charging cases involving fatal road traffic collisions. It outlines the charging standards and factors for consideration when prosecution decisions are taken.</p> answering member constituency Cheltenham answering member printed Alex Chalk question first answered 01/07/2022 07:48:51 answering member 4481 label Biography information for Alex Chalk
	tabling member	411 label Biography information for Mr Barry Sheerman

1472843

	registered interest
	date	23/06/2022
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Roads: Accidents
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what assessment she has made of the adequacy of the Crown Prosecution Services threshold for deciding whether to prosecute road death offences.
	tabling member constituency	Huddersfield
	tabling member printed	Mr Barry Sheerman
	uin	23706
	answer	answer is ministerial correction date of answer 28/06/2022 answer text <p>The threshold for deciding whether to prosecute offences relating to fatal road traffic collisions in Crown Prosecution Service (CPS) cases is the same threshold that is used for all offences.</p><p> </p><p>The CPS, in making decisions on whether or not a case should be prosecuted, will always apply the two-stage test set out in the <a href="https://www.cps.gov.uk/publication/code-crown-prosecutors" target="_blank">Code for Crown Prosecutors</a> (the Code).</p><p> </p><p>The Code is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985 and gives guidance to prosecutors on the general principles to be applied when making decisions about prosecutions. It has been the subject of frequent reviews and public consultations, most recently in 2018, when the eighth edition was published.</p><p> </p><p>The first stage of the two-stage test for prosecution (the evidential stage) requires the prosecutor to be satisfied that there is a realistic prospect of conviction on the evidence. The second stage (the public interest stage) requires the prosecutor to be satisfied that the prosecution is in the public interest. The case will not proceed unless both stages of the test are met.</p><p> </p><p>The CPS guidance on <a href="https://www.cps.gov.uk/legal-guidance/road-traffic-charging" target="_blank">Road Traffic - Charging</a> assists prosecutors in charging cases involving fatal road traffic collisions. It outlines the charging standards and factors for consideration when prosecution decisions are taken.</p><p> </p><p>In order to ensure consistency of approach, charging decisions in all fatal collision cases are required to be approved by a Chief Crown Prosecutor (CCP), a Deputy Chief Crown Prosecutor (DCCP), or a senior decision-maker nominated for the role by the CCP or DCCP.</p> answering member constituency Cheltenham answering member printed Alex Chalk question first answered 28/06/2022 13:33:06 answering member 4481 label Biography information for Alex Chalk
	tabling member	411 label Biography information for Mr Barry Sheerman

1197550

	registered interest
	date	20/05/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Legal Aid Scheme: Asylum
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what steps he is taking to ensure that legal aid for refugees and asylum seekers is effective in providing fair and high quality representation and advice.
	tabling member constituency	Huddersfield
	tabling member printed	Mr Barry Sheerman
	uin	49588
	answer	answer is ministerial correction date of answer 08/06/2020 answer text <p>Every practitioner who provides immigration and asylum advice in the UK is required to be regulated by the Solicitors Regulation Authority or by the Office of the Immigration Services Commissioner. These bodies ensure that practitioners are competent and act in the best interest of the client.</p><p>To hold a legal aid contract, an individual must also be accredited under the Law Society’s Immigration and Asylum Accreditation scheme, ensuring a high standard and competency for practitioners advising on immigration and asylum law.</p><p>Legal aid contracts explicitly set out quality standards, including additional requirements for those advising child clients or where their client is in immigration detention.</p><p>Providers are monitored by the Legal Aid Agency in meeting these requirements on a regular basis, including through an independent peer review of case files.</p> answering member constituency Cheltenham answering member printed Alex Chalk question first answered 08/06/2020 15:39:03 answering member 4481 label Biography information for Alex Chalk
	tabling member	411 label Biography information for Mr Barry Sheerman

1223922

	registered interest
	date	13/07/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Wills: Registration
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what assessment his Department has made of the potential merits of making it a legal necessity to register wills similar to those requirements adopted by other countries.
	tabling member constituency	Huddersfield
	tabling member printed	Mr Barry Sheerman
	uin	72809
	answer	answer is ministerial correction date of answer 17/07/2020 answer text <p>There is no statutory requirement for will registration, but is it possible to deposit a will with HM Courts and Tribunals Service, and commercial will registration services are available.</p><p>The imposition of a legal requirement to register wills may have a deterrent effect in terms of people making wills and lead to an increase in invalidated wills and contentious probate cases. The Law Commission analysed this issue in their 2017 consultation paper on the law of wills, and concluded that ‘the disadvantages of such a system would far outweigh its benefits’.</p><p>The Government has no plans to reform this area of law at present.</p> answering member constituency Cheltenham answering member printed Alex Chalk question first answered 17/07/2020 15:56:24 answering member 4481 label Biography information for Alex Chalk
	tabling member	411 label Biography information for Mr Barry Sheerman

1229069

	registered interest
	date	28/08/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Administration of Justice: Equality
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what steps he is taking to (a) ensure objectiveness of judges and (b) tackle racial disparities in the justice system.
	tabling member constituency	Huddersfield
	tabling member printed	Mr Barry Sheerman
	uin	81535
	answer	answer is ministerial correction date of answer 08/09/2020 answer text <p>Statutory responsibility for the provision and content of training for the judiciary rests with the Lord Chief Justice as Head of the Judiciary in England and Wales, and the Senior President of Tribunals, in line with the Constitutional Reform Act 2005, and is delivered through the Judicial College. This provides a separation of powers which is crucial in maintaining and supporting the independence of the judiciary. As such, the job of ensuring the objectiveness of judges does not fall to the government. Judges are selected for appointment by the Independent Judicial Appointments Commission.</p><p>Upon appointment, all judges take the Judicial Oath to “do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will”. Judgments are made on the evidence presented at court; in criminal jury trials it is the jury which reaches a verdict on whether the defendant is guilty, and the judge’s responsibility is to ensure a fair trial. The Judicial College also provides cross-jurisdictional training for all new judges through a new faculty induction training course, which includes training in unconscious bias.</p><p>Where racial disparities are observed, and there is no reasonable explanation, the Government is committed to responding by reviewing the process or practice in question. A Criminal Justice Race and Ethnicity Board coordinates actions being taken in relation to race disparity across all criminal justice operational agencies and policy-making functions; its work was reported on in February 2020. <a href="https://www.gov.uk/government/publications/tackling-racial-disparity-in-the-criminal-justice-system-2020" target="_blank">https://www.gov.uk/government/publications/tackling-racial-disparity-in-the-criminal-justice-system-2020</a></p><p>On 16 July 2020, the Prime Minister established the Commission on Race and Ethnic Disparities. The independent Commission is reviewing inequality in the UK, focusing on areas including education, employment, health and the criminal justice system. The commission will aim to submit its findings to the Prime Minister by the end of the year.</p><p> </p><p> </p> answering member constituency Cheltenham answering member printed Alex Chalk question first answered 08/09/2020 16:04:43 answering member 4481 label Biography information for Alex Chalk
	tabling member	411 label Biography information for Mr Barry Sheerman

1235590

	registered interest
	date	17/09/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Sexual Offences
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what steps is he taking to help ensure that women who have experienced sexual assault feel able to report it.
	tabling member constituency	Huddersfield
	tabling member printed	Mr Barry Sheerman
	uin	91570
	answer	answer is ministerial correction date of answer 25/09/2020 answer text <p>The Government recognises that sexual violence is a devastating crime and is committed to ensuring that every victim has access to the specialist support they need. We want victims to have the confidence to report these crimes, knowing they will get the support they need and that everything will be done to bring offenders to justice. We expect every report of sexual assault to be treated seriously from the point of disclosure, every victim to be treated with dignity and every investigation and every prosecution to be conducted thoroughly and professionally.</p><p> </p><p>To that end, a review of the criminal justice response to rape and serious sexual offences was commissioned in March 2019 by the National Criminal Justice Board (CJB), and it continues to gather and analyse detailed views from key groups and agencies across the Criminal Justice System to enable us to better understand how the system’s response to sexual assault cases can be improved. The Government intends to publish its initial findings in the autumn.</p><p> </p><p>To provide support to victims, the Ministry of Justice also directly commissions rape support centres across England and Wales and has committed to investing to recruit more Independent Sexual Violence Advisers - who play a critical role in ensuring that victims feel informed, supported and engaged throughout every stage of the criminal justice process. In addition, during the Covid-19 outbreak the Government ringfenced £10 million of funding for sexual violence support services to ensure they could continue to provide vital services.</p><p> </p><p>The Government has also committed to delivering a new communications campaign to raise awareness around sexual violence and inform victims of their rights to support, and this campaign will be launched later this year.</p> answering member constituency Cheltenham answering member printed Alex Chalk question first answered 25/09/2020 13:39:25 answering member 4481 label Biography information for Alex Chalk
	tabling member	411 label Biography information for Mr Barry Sheerman