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782453

registered interest
date	02/11/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Hate Crime: Prosecutions
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government under what authority the Crown Prosecution Service (CPS) has agreed a definition of racially and religiously aggravated crime that is wider than the legal definition under the Crime and Disorder Act 1998 and Criminal Justice Act 2003, as indicated in the CPS Public statement on prosecuting racist and religious hate crime published in August.
tabling member printed	Lord Vinson
uin	HL2876
answer	answer is ministerial correction date of answer 16/11/2017 answer text <p>In order to charge and prosecute hate crimes, the CPS uses the legal definition provided by the Crime and Disorder Act 1998 and Criminal Justice Act 2003. The shared police and CPS definition of hate crime is based on the perception of the victim or any other person and allows for case flagging and monitoring as well as appropriate victim support, it does not affect the charge.</p><p>This flagging definition comes from the recommended definition in the Macpherson report which was published in 1999 as a result of the inquiry into the murder of Stephen Lawrence. The Macpherson Report found a lack of confidence within communities that hate crime was being treated seriously by the police and Criminal Justice System and recommended that the definition of a racist incident should be, ‘any incident which is perceived to be racist by the victim or any other person’. Putting the victim’s perception at the heart of the definition gives a clear signal that, once flagged as a hate crime, an appropriate investigation will follow and evidence to support the law on hostility will be proactively sought. The definition seeks to encourage victims to report and to increase confidence in the Criminal Justice System.</p> answering member printed Baroness Vere of Norbiton question first answered 16/11/2017 16:44:23 question first ministerially corrected 20/11/2017 11:19:23 answering member 4580 label Biography information for Baroness Vere of Norbiton previous answer version 22806 answering member printed Lord Keen of Elie answering member 4538 label Biography information for Lord Keen of Elie
tabling member	1807 label Biography information for Lord Vinson

781358

registered interest
date	31/10/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	International Law
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Attorney General, how the Government complies with Article 16 of the International Law Commission's Articles on the Responsibility of States for Internationally Unlawful Acts, with specific reference to the sharing of intelligence to identify targets with our coalition partners.
tabling member constituency	Manchester Central
tabling member printed	Lucy Powell
uin	110693
answer	answer is ministerial correction date of answer 03/11/2017 answer text <p>Whilst the International Law Commission’s <em>Articles on the Responsibility of States for Internationally Unlawful Acts</em> have not been adopted as a treaty, the Government considers that Article 16 generally reflects customary international law. The Government is committed to upholding international law and when cooperating with other States the Government will always seek to ensure that its actions remain lawful at all times. The Government does not comment on specific matters concerning the sharing of intelligence.</p><p> </p> answering member constituency Kenilworth and Southam answering member printed Jeremy Wright question first answered 03/11/2017 09:14:54 answering member 1560 label Biography information for Sir Jeremy Wright
tabling member	4263 label Biography information for Lucy Powell

780371

registered interest
date	30/10/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Sentencing: Appeals
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Attorney General, if he will extend the range of offences for which an unduly lenient sentence may be referred to the Court of Appeal to include stalking, under section 4(1)(a) of the Protection from Harassment Act 1997, and coercive control, under section 76 of the Serious Crime Act 2015.
tabling member constituency	Dwyfor Meirionnydd
tabling member printed	Liz Saville Roberts
uin	110251
answer	answer is ministerial correction date of answer 10/11/2017 answer text <p>The Government re-committed in our manifesto that we will extend the scope of the unduly lenient scheme. As a first step, an extension of the scheme to further terrorism offences came into effect in August.</p><p> </p><p>We are considering with the Lord Chancellor how further to fulfil our commitment to extending the scheme.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 10/11/2017 15:11:19 answering member 4106 label Biography information for Sir Robert Buckland
tabling member	4521 label Biography information for Liz Saville Roberts

777698

registered interest
date	25/10/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Attorney General: Brexit
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Attorney General, whether the Law Officers' Departments were consulted by the Department for Exiting the European Union on the economic impact assessments conducted for the UK leaving the EU.
tabling member constituency	Feltham and Heston
tabling member printed	Seema Malhotra
uin	109528
answer	answer is ministerial correction date of answer 01/11/2017 answer text <p>The Government is carrying out an ongoing programme of comprehensive analytical work that will inform our negotiating position with the EU, to define our deep and special partnership with the EU and inform our understanding of how EU exit will affect the UK’s domestic policies and frameworks.</p><p>The Law Officers’ Departments are working with officials across government, in close coordination with the Department for Exiting the European Union, to ensure the delivery of a co-ordinated programme of analysis across government.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 01/11/2017 14:08:08 answering member 4106 label Biography information for Sir Robert Buckland
tabling member	4253 label Biography information for Seema Malhotra

775999

registered interest
date	23/10/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Out-of-school Education: Prosecutions
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what guidelines they have issued to Crown Prosecutors on the prosecution of persons for operating unregistered schools.
tabling member printed	Lord Warner
uin	HL2407
answer	answer is ministerial correction date of answer 15/11/2017 answer text <p>The Crown Prosecution Service has issued legal guidance for Crown Prosecutors on prosecuting criminal offences relating to unregistered schools under sections 96 and 97 of the Education and Skills Act 2008. CPS guidance is publicly available via the CPS website and can be accessed at: www.cps.gov.uk/legal/d_to_g/education/</p><p> </p> answering member printed Lord Keen of Elie question first answered 15/11/2017 13:20:49 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	1732 label Biography information for Lord Warner

776000

registered interest
date	23/10/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Out-of-school Education: Prosecutions
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many successful prosecutions there have been for operating an unregistered school in each of the last five years.
tabling member printed	Lord Warner
uin	HL2408
answer	answer is ministerial correction date of answer 06/11/2017 answer text <p>The offence of operating an unregistered independent educational establishment is created by section 96 of the Education and Skills Act 2008. There is a related offence under section 97 of that Act of intentionally obstructing a person carrying out an inspection where it is believed that an offence under section 96 is being committed.</p><p> </p><p>The Crown Prosecution Service has not prosecuted any cases involving either of these offences.</p><p> </p><p> </p> answering member printed Lord Keen of Elie question first answered 06/11/2017 16:57:15 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	1732 label Biography information for Lord Warner

776094

registered interest
date	23/10/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Domestic Abuse: Greater London
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Attorney General, how many successful prosecutions relating to domestic violence offences which were initially reported to police in London were recorded in each of the last five years.
tabling member constituency	Lewisham West and Penge
tabling member printed	Ellie Reeves
uin	109085
answer	answer is ministerial correction date of answer 30/10/2017 answer text <p>The CPS maintains a central record of the number of defendants flagged as domestic abuse that were prosecuted and convicted through its Case Management System.</p><p>The CPS defines domestic abuse as any threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between those who are or have been intimate partners or family members, regardless of gender or sexuality. Family members include mother, father, son, daughter, sister, and grandparents, whether directly related, in-laws or step family.</p><p>The table below shows the volume and proportion of domestic abuse prosecutions and convictions by CPS London in each of the last five financial years.</p><table><tbody><tr><td><p> </p></td><td colspan="2"><p><strong>2012 - 13</strong></p></td><td colspan="2"><p><strong>2013 - 14</strong></p></td><td colspan="2"><p><strong>2014 - 15</strong></p></td><td colspan="2"><p><strong>2015 - 16</strong></p></td><td colspan="2"><p><strong>2016 - 17</strong></p></td></tr><tr><td><p>-</p></td><td><p><strong>Volume</strong></p></td><td><p><strong>%</strong></p></td><td><p><strong>Volume</strong></p></td><td><p><strong>%</strong></p></td><td><p><strong>Volume</strong></p></td><td><p><strong>%</strong></p></td><td><p><strong>Volume</strong></p></td><td><p><strong>%</strong></p></td><td><p><strong>Volume</strong></p></td><td><p><strong>%</strong></p></td></tr><tr><td><p>Convictions</p></td><td><p>5,424</p></td><td><p>61.7%</p></td><td><p>6,442</p></td><td><p>65.2%</p></td><td><p>7,871</p></td><td><p>66.3%</p></td><td><p>9,400</p></td><td><p>64.5%</p></td><td><p>9,377</p></td><td><p>65.6%</p></td></tr><tr><td><p>Unsuccessful</p></td><td><p>3,363</p></td><td><p>38.3%</p></td><td><p>3,433</p></td><td><p>34.8%</p></td><td><p>4,006</p></td><td><p>33.7%</p></td><td><p>5,179</p></td><td><p>35.5%</p></td><td><p>4,909</p></td><td><p>34.4%</p></td></tr><tr><td><p><strong>Total</strong></p></td><td><p><strong>8,787</strong></p></td><td><p><strong> </strong></p></td><td><p><strong>9,875</strong></p></td><td><p><strong> </strong></p></td><td><p><strong>11,877</strong></p></td><td><p><strong> </strong></p></td><td><p><strong>14,579</strong></p></td><td><p><strong> </strong></p></td><td><p><strong>14,286</strong></p></td><td><p> </p></td></tr><tr><td colspan="5"><p>Data Source: CPS Case Management Information System</p></td></tr></tbody></table><p> </p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 30/10/2017 14:38:24 answering member 4106 label Biography information for Sir Robert Buckland
tabling member	4620 label Biography information for Ellie Reeves

773042

registered interest
date	18/10/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Hate Crime: Prosecutions
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what assessment they have made of the impact on freedom of speech of the definitions used by the Crown Prosecution Service to identify racist or religious incidents and crimes and to monitor the decisions and outcomes, as detailed in their Racist and Religious Hate Crime Prosecution Guidance.
tabling member printed	Lord Vinson
uin	HL2243
answer	answer is ministerial correction date of answer 01/11/2017 answer text <p>The CPS legal guidance on prosecuting racist and religious hate crime recognises the potential impact of prosecutions on Article 10 of the European Convention on Human Rights (the right to freedom of expression). The guidance recognises that not only is speech which is well-received and popular protected, but also speech which is offensive, shocking or disturbing. It is essential in a free, democratic and tolerant society that people are able to exchange views, even when offence may be caused. However, when making prosecution decisions the CPS must balance the rights of an individual to freedom of speech and expression against the duty of the state to act proportionately in the interests of public safety, to prevent disorder and crime, and to protect the rights of others.</p><p>The Crown Prosecution Service (CPS) has agreed a shared definition of hate crime with the police in order to ensure that all relevant cases are captured as early possible. This definition is based upon the perception of the victim or any other person and is wider than the legal definition. However, in order for the CPS to bring a successful hate crime prosecution the CPS must present sufficient evidence to prove that the offence meets the definition of the crime set out in the relevant legislation.</p> answering member printed Lord Keen of Elie question first answered 01/11/2017 16:07:00 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	1807 label Biography information for Lord Vinson

772288

registered interest
date	17/10/2017
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: Welsh Government
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Attorney General, what steps he is taking to ensure greater collaboration between the Crown Prosecution Service and the Welsh Government.
tabling member constituency	Dwyfor Meirionnydd
tabling member printed	Liz Saville Roberts
uin	108331
answer	answer is ministerial correction date of answer 25/10/2017 answer text <ol><li><p>The Crown Prosecution Service (CPS) works actively and regularly alongside the Welsh Government on a range of issues of mutual interest, notwithstanding that responsibility for criminal justice is not devolved.</p><p> </p></li><li><p>Recent examples of cooperation between the CPS and the Welsh Government include the following:</p></li></ol><p> </p><ul><li><p>The CPS has contributed to the development of the Welsh Government’s National Strategy on Violence against Women, Domestic Abuse and Sexual Violence. The Welsh Government has committed to work with the CPS and other criminal justice agencies to improve the response to those who report domestic abuse and sexual violence. The CPS continues to work with the Welsh Government on the delivery of the strategy.</p><p> </p></li><li><p>The CPS contributed substantially to the establishment of the Hate Crime Criminal Justice Board Cymru and its first chair was the CPS Hate Crime Coordinator. The Board draws together the Welsh Police Forces, and other non-devolved bodies such as the CPS and Her Majesty’s Prison and Probation Service.</p></li></ul><p> </p><ul><li><p>CPS Cymru-Wales is represented strongly on the Welsh Government’s Wales Anti-Slavery Leadership Group which provides strategic leadership for the delivery of tackling slavery in Wales.</p><p> </p></li><li><p>The CPS is represented on the regional Welsh Government Mental Health and Criminal Justice Boards.</p><p> </p></li><li><p>The CPS has met with representatives of the Counsel General for Wales and has responded to the consultation on developing a Welsh Government Code for Prosecutors.</p><p> </p></li><li><p>The CPS has worked with the Welsh Government and the four Police Forces in Wales to develop a Memorandum of Understanding on Tackling Violence and Aggression Against NHS Wales Staff.</p><p> </p></li><li><p>CPS Cymru-Wales has appointed a senior manager to take lead responsibility for liaison with the Welsh Government to further strengthen relationships.</p></li></ul> answering member constituency South Swindon answering member printed Robert Buckland question first answered 25/10/2017 13:29:30 answering member 4106 label Biography information for Sir Robert Buckland
tabling member	4521 label Biography information for Liz Saville Roberts

772398

registered interest
date	17/10/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Islamic State: Prosecutions
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what consideration they have given to the recommendation in paragraph 6.2.3. of Council of Europe Resolution 2190 (2017) regarding “not prioritising, systematically and exclusively, with regard to the members of Daesh, the application of national anti-terrorist legislation, to the detriment of their universal jurisdiction when examining cases involving the crimes described in the Rome Statute of the ICC”.
tabling member printed	Lord Alton of Liverpool
uin	HL2091
answer	answer is ministerial correction date of answer 27/10/2017 answer text <p>Prosecutors decide which offences to pursue on a case-by-case basis and do not systematically and exclusively prefer some categories of offences over others. In all cases the Code for Crown Prosecutors requires prosecutors to select charges which: reflect the seriousness and extent of the offending supported by the evidence; give the court adequate powers to sentence and impose appropriate post-conviction orders; and enable the case to be presented in a clear and simple way.</p><p> </p> answering member printed Lord Keen of Elie question first answered 27/10/2017 11:13:12 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	738 label Biography information for Lord Alton of Liverpool