Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Attorney General:
To ask the Attorney General, if he will commission an inquiry into the adequacy of support services for families of victims of dangerous driving during prosecutions for that offence.
Answered by Michael Ellis
Supporting victims and witnesses throughout the criminal justice system is a key priority for the Crown Prosecution Service (CPS). In cases where death has been caused by dangerous driving the CPS offers an enhanced service to bereaved families, meeting with them at crucial stages of the criminal justice process to explain the anticipated progress of the case and what is to be expected at each court hearing. The CPS commitment to bereaved families is incorporated in the Victims’ Code.
Where a victim or a bereaved family, in a dangerous driving case, is not satisfied with a decision by the CPS not to charge they can seek a review under the CPS Victims Right to Review Scheme. This scheme allows for an independent review of such decisions, which can confirm or overturn them. Bereaved families will be offered a meeting at the end of the review process to discuss the outcome.
The Code of Practice for Victims of Crime (Victims’ Code) outlines the services victims are entitled to receive, including updates on the progress of their case during an investigation or prosecution. The Government will be consulting shortly on changes to the Victims’ Code, in line with the commitment in its cross-government Victims Strategy.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Attorney General:
To ask the Attorney General, if he will undertake a review of the decision by the CPS not to prosecute the driver responsible for the death of 15-year-old school girl Katelyn Dawson.
Answered by Michael Ellis
This is indeed a tragic case and I offer my sincere condolences to Katelyn Dawson’s family and friends. This case has been reviewed multiple times, culminating in an independent review by senior external Counsel which found that the case should not be prosecuted.
The CPS determined not to bring proceedings against the driver of the vehicle as he had passed out at the wheel due to an unforeseeable medical condition. Under the Victim’s Right to Review (VRR), Katelyn’s family asked the CPS to reconsider the decision. The Chief Crown Prosecutor personally reviewed the original decision, as the first stage of the VRR process. The Chief Crown Prosecutor upheld the original decision. The Appeals and Review Unit then reviewed the case. A further independent review was then carried out by a Specialist Prosecutor. Senior Counsel external to the CPS was also instructed due to the highly sensitive nature of the case and the unusual circumstances. This second entirely independent review also concluded that the case should not be prosecuted.
A clear and independent process is already in place to ensure victims’ rights are supported and protected and was fully operative in this case. It would therefore not be right for me to interfere with that independent process.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Attorney General:
To ask the Attorney General, what steps he is taking to ensure that the Crown Prosecution Service has the resources necessary to implement the new unexplained wealth orders.
Answered by Robert Buckland
The Crown Prosecution Service (CPS) has adequate resources to undertake work relating to unexplained wealth orders.
The Home Office will provide funding to the value of £70,500 in 2017-18 in order to support CPS POC and the ROCU/RART network to develop the knowledge and skills required in order to investigate cases appropriately and to conduct High Court civil litigation.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Attorney General:
To ask the Attorney General, on how many occasions the Law Officers referred a criminal sentence to the Court for Appeal for review on the grounds that it was unduly harsh in the last 12 months.
Answered by Robert Buckland
Whilst the Attorney General’s Office can ask the Court of Appeal to review a sentence which is considered to be unduly lenient, the Law Officers have no power to intervene when a sentence is too harsh. Therefore there have been no referrals to the Court of Appeal on the grounds that a sentence was unduly harsh.