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453537

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	Mark Pearson
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) regarding the case of Mark Pearson, who in the Crown Prosecution Service made the decision to present to the court a video that was run at half the normal speed.
tabling member printed	Lord Blencathra
uin	HL6239
answer	answer is ministerial correction date of answer 04/03/2016 answer text <p>In the case concerned there was no video evidence. The police created a disc containing a series of still images with gaps of around a second in time. The timing of each image was clearly shown. The disc was served on the defence but was not played in court by the prosecution. The defence adduced their own disc as part of their case. The prosecution did not rely on the still images because at the trial the identification of the defendant was not in issue.</p> answering member printed Lord Keen of Elie question first answered 04/03/2016 12:04:40 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	497 label Biography information for Lord Blencathra

451132

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	Mark Pearson
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government whether they will discuss with the Director of Public Prosecutions the decision by the Crown Prosecution Service (CPS) to take Mark Pearson to trial for sexual assault, and the claim by the defence solicitor in that case that the CPS initially provided amended and misleading video evidence to the court.
tabling member printed	Lord Blencathra
uin	HL5998
answer	answer is ministerial correction date of answer 19/02/2016 answer text <p>The CPS's function is not to decide whether a person is guilty of a criminal offence, but to make fair, independent and objective assessments about whether it is appropriate to present charges for the criminal court to consider.</p><p> </p><p>The CPS assessment of any case is not in any sense a finding of, or implication of, any guilt or criminal conduct. It is not a finding of fact, as this can only be made by a court, but rather an assessment of whether there is a realistic prospect of conviction and, if so, whether the public interest lies in prosecuting.</p><p> </p><p>It is open to the defence in any crown court case to argue, after the prosecution has closed its case, that the evidence is too weak for the decision to be left to the jury. In this particular case the judge clearly considered that the decision was properly a matter for the jury.</p> answering member printed Lord Keen of Elie question first answered 19/02/2016 12:46:53 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	497 label Biography information for Lord Blencathra