Show Search Form

Search Results

registered interest	true false
date	exactly: or between: and
answering body
answering dept id
answering dept short name
answering dept sort name
hansard heading
house id
legislature	pref label
question text
tabling member printed
uin
answer	is ministerial correction true false date of answer exactly: or between: and answer text answering member printed question first answered question first ministerially corrected answering member label previous answer version answering member printed answering member label
tabling member	label

Search

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

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

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

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

764321

registered interest
date	02/10/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Dangerous Driving: Prosecutions
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many drivers were prosecuted in (1) 2015, and (2) 2016, for failure to stop after a collision.
tabling member printed	Baroness Jones of Moulsecoomb
uin	HL1658
answer	answer is ministerial correction date of answer 16/10/2017 answer text <p>The Crown Prosecution Service (CPS) does not maintain a central record of the number of drivers prosecuted for offences of failing to stop at the scene of a road traffic accident.</p><p>The offence of failing to stop at the scene of a road traffic accident is created by Section 170 of the Road Traffic Act 1988 which imposes obligations on drivers of mechanically propelled vehicles who are involved in road accidents.</p><p>Although it is not possible to identify the number of <em>people</em> charged with particular offences, records are held by the CPS showing the overall number of <em>offences</em> in which a prosecution conducted by them commenced in the magistrates’ courts. The table below therefore shows the number of <em>offences</em>, rather than <em>defendants</em>, charged by way of Section 170 of the Road Traffic Act 1988 during 2015 and 2016. It should be noted that a single defendant may be charged with more than one offence.</p><table><tbody><tr><td><p> </p></td><td><p>2015</p></td><td><p>2016</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 170 }</p></td><td><p>9,825</p></td><td><p>9,056</p></td></tr><tr><td><p>Data Source: CPS Case Management Information System</p></td></tr></tbody></table><p>It should further be noted that failures to stop at the scenes of traffic accidents are specified proceedings. These are offences which the police prosecute in order to reduce unnecessary bureaucracy and ensure swifter justice. The CPS will only prosecute a specified offence in cases where a not guilty plea has been entered. It may also be the case that the CPS will prosecute this offence when the defendant is charged with other more serious associated offences (for example, failing to stop and dangerous driving or driving under the influence of alcohol). The figures in the table above do not include those specified cases prosecuted by the police.</p><p> </p> answering member printed Baroness Vere of Norbiton question first answered 16/10/2017 16:55:40 answering member 4580 label Biography information for Baroness Vere of Norbiton
tabling member	4297 label Biography information for Baroness Jones of Moulsecoomb

764322

registered interest
date	02/10/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Driving Offences
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many people were killed or injured as a result of driving offences in (1) 2015, and (2) 2016; what was the victim’s road user mode in each case; and where those statistics are reported.
tabling member printed	Baroness Jones of Moulsecoomb
uin	HL1659
answer	answer is ministerial correction date of answer 16/10/2017 answer text <p>A number of offences under the Road Traffic Act 1988 involve causing death by driving, or may result in injury.</p><p>While the CPS does not maintain a central record of the number of people killed or injured as a result of driving offences, or the victim’s mode of transport at the time the offence or offences were committed, the table below shows the number of <em>offences</em>, (rather than defendants) charged under the relevant sections of the Road Traffic Act 1988 during 2015 and 2016. It should be noted that a single defendant may be charged with more than one offence.</p><table><tbody><tr><td><p> </p></td><td><p><strong>2015</strong></p></td><td><p><strong>2016</strong></p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 1 } <em>Causing death by dangerous driving</em></p></td><td><p>228</p></td><td><p>347</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 1A } <em>Causing serious injury by dangerous driving</em></p></td><td><p>392</p></td><td><p>504</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 2B } <em>Causing death by careless, or inconsiderate, driving</em></p></td><td><p>206</p></td><td><p>275</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 3A } <em>Causing death by careless driving: drink or drugs</em></p></td><td><p>26</p></td><td><p>45</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 3ZB } <em>Causing death by driving: unlicensed or uninsured drivers</em></p></td><td><p>67</p></td><td><p>87</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 3ZC } <em>Causing death by driving: disqualified drivers</em></p></td><td><p>0</p></td><td><p>4</p></td></tr><tr><td><p>Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988 { 3ZD } <em>Causing serious injury by driving: disqualified drivers</em></p></td><td><p>3</p></td><td><p>8</p></td></tr><tr><td><p>Data Source: CPS Case Management Information System</p></td></tr></tbody></table><p>Other road traffic offences can also involve death or injury which does not form part of the charge.</p><p> </p> answering member printed Baroness Vere of Norbiton question first answered 16/10/2017 16:50:32 answering member 4580 label Biography information for Baroness Vere of Norbiton
tabling member	4297 label Biography information for Baroness Jones of Moulsecoomb

758412

registered interest
date	06/09/2017
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 whether they have issued any guidance to the Crown Prosecution Service concerning the extent to which insults constitute hate crimes.
tabling member printed	Lord Vinson
uin	HL1416
answer	answer is ministerial correction date of answer 20/09/2017 answer text <p>In order for an offence to constitute a “hate crime”, first a “basic” crime has to be committed. There are a number of such possible offences which can be committed by way of an insult, particularly offences under the Public Order Act 1986, the Malicious Communications Act 1988 and the Communications Act 2003.</p><p>Such offences could be designated as a “hate crime”, if they meet the required criteria for the three strands of hate crime offences – (a) racially and religiously aggravated offences; (b) homophobic, transphobic and biphobic offences and (c) disability hate crime.</p><p>The Government does not issue legal guidance to the Crown Prosecution Service (CPS), which is independent. The CPS hate crime guidance, which must be followed by all prosecutors, was reviewed and published in June 2017.</p><p> </p> answering member printed Lord Keen of Elie question first answered 20/09/2017 15:11:38 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	1807 label Biography information for Lord Vinson

746643

registered interest
date	29/06/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
house id	2
legislature	25277 pref label House of Lords
question text	Her Majesty's Government how many cases of (1) Munchausen's syndrome by proxy, and (2) fabricated or induced illness, have been prosecuted against parents of children diagnosed with myalgic encephalomyelitis or chronic fatigue syndrome in each year since 2010 for which figures are available; how many of those cases were successful; how many were withdrawn; and how many resulted in an acquittal.
tabling member printed	The Countess of Mar
uin	HL274
answer	answer is ministerial correction date of answer 10/07/2017 answer text <p>Munchausen's syndrome by proxy and fabricated or induced illness are not of themselves criminal offences so cannot be prosecuted as such. They may, however, be of relevance to criminal offences which can be prosecuted.</p><p>The Crown Prosecution Service (CPS) does not maintain a central record of prosecutions where Munchausen’s syndrome by proxy or fabricated or induced illnesses may have been relevant. Such information could only be obtained through a manual search of records which would incur disproportionate cost.</p> answering member printed Lord Keen of Elie question first answered 10/07/2017 14:14:57 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	1861 label Biography information for The Countess of Mar

713696

registered interest
date	23/03/2017
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Corporate Manslaughter: 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 9 March (HL5640), whether the legal guidance for prosecutors concerning the Corporate Manslaughter and Corporate Homicide Act 2007, as set out on the Crown Prosecution Service’s website at 14 March, is current; and whether the Special Crime Unit in the Special Crime and Counter Terrorism Division, CPS Headquarters, continues to maintain an overview of corporate manslaughter cases, as set out in the penultimate paragraph of that advice.
tabling member printed	Lord Knight of Weymouth
uin	HL6293
answer	answer is ministerial correction date of answer 03/04/2017 answer text <p>The Crown Prosecution Service’s publicly available legal guidance concerning corporate manslaughter accurately reflects the CPS’s policy on prosecuting for this offence. The guidance includes a requirement for cases to which the guidance may ultimately apply to be referred to the Special Crime Unit of the Special Crime and Counter Terrorism Division.</p> answering member printed Lord Keen of Elie question first answered 03/04/2017 13:08:46 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4160 label Biography information for Lord Knight of Weymouth