Asked by: Kim Johnson (Labour - Liverpool, Riverside)
Question to the Attorney General:
To ask the Attorney General, how many and what proportion of (a) children and (b) adults prosecuted for (i) homicide, (ii) attempted homicide and (iii) other offences had been assessed under the modern slavery national referral mechanism in each of the last 10 years.
Answered by Robert Courts - Solicitor General (Attorney General's Office)
The Crown Prosecution Service (CPS) does not hold data on the number of defendants assessed under the modern slavery National Referral Mechanism (NRM). This information could only be obtained by an examination of CPS case files, which would incur disproportionate cost.
The NRM is the UK framework for identifying and referring potential victims of modern slavery and ensuring they receive the appropriate support. Certain public authorities, including the police, have a statutory duty to refer potential victims to the NRM. Adults must agree to this. The CPS cannot make referrals; it is not a first responder.
Section 45 of the Modern Slavery Act 2015 provides for a statutory defence for adult and child victims of modern slavery who are accused of committing criminal offences. The defence does not apply to the most serious crimes such as murder or manslaughter.
Asked by: Kim Johnson (Labour - Liverpool, Riverside)
Question to the Attorney General:
To ask the Attorney General, how many and what proportion of charges that used the threshold test subsequently recorded an application of the full code test in each of the last 10 years.
Answered by Robert Courts - Solicitor General (Attorney General's Office)
The Crown Prosecution Service (CPS) does not hold data from which it is possible to cross-reference Threshold Test charging decisions about a defendant with subsequent Full Code Test decisions. This information could only be obtained by an examination of CPS case files, which would incur disproportionate cost.
The Code for Crown Prosecutors is clear that the Threshold Test may only be applied after a rigorous examination of its five conditions. This ensures that it is only applied when necessary and that cases are not charged prematurely. Any decision to charge under the Threshold Test must be kept under review and the Full Code Test must be applied as soon as practicable.
Asked by: Kim Johnson (Labour - Liverpool, Riverside)
Question to the Attorney General:
To ask the Attorney General, how many and what proportion of (a) homicide and (b) attempted homicide cases was the threshold test applied in each of the last 10 years.
Answered by Robert Courts - Solicitor General (Attorney General's Office)
Crown Prosecution Service (CPS) Management Information is available showing the number of pre-charge legal decisions when the Principal Offence Category allocated at the first consultation was homicide and whether the final consultation completed against the suspect involved application of the Threshold Test.
Data can be provided from April 2019 to the end of September 2023 and the tables below show this information for each year and the financial year 2023/24 to date.
Table 1 - Legal Decisions | 2019-2020 | 2020-2021 | 2021-2022 | 2022-2023 | April - September 2023 |
Threshold Test | 840 | 850 | 971 | 1030 | 524 |
% Threshold Test of Legal Decisions | 47.5% | 49.0% | 53.0% | 54.2% | 54.1% |
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Table 2 - Decisions to Charge | 2019-2020 | 2020-2021 | 2021-2022 | 2022-2023 | April - September 2023 |
Threshold Test | 836 | 848 | 968 | 1026 | 523 |
% Threshold Test of Legal Decisions | 59.8% | 58.8% | 62.1% | 64.3% | 65.6% |
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Table 3 - Decisions to NFA/OoCD | 2019-2020 | 2020-2021 | 2021-2022 | 2022-2023 | April - September 2023 |
Threshold Test | 4 | 2 | 3 | 4 | 1 |
% Threshold Test of Legal Decisions | 1.1% | 0.7% | 1.1% | 1.3% | 0.6% |
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Data Source: CPS Case Management Information System | |||||
Principal Offence Categories comprise a range of offences. These cannot be separated to report suspect outcomes by specific offence.
Legal decisions are to charge, take no further action (NFA), or recommend an out of court disposal (OoCD).
Following the receipt of a file from the police requesting a CPS charging decision, several consultations may take place before the final decision whether to charge or not is taken by the reviewing lawyer. The first consultation may result in a legal decision outcome or in an action plan that needs to be sent to the police for further investigation or additional evidentiary material to allow a charging decision to take place.
Asked by: Kim Johnson (Labour - Liverpool, Riverside)
Question to the Attorney General:
To ask the Attorney General, how many and what proportion of (a) children and (b) adults prosecuted under joint enterprise provisions in the Crown Prosecution Service Joint Enterprise Pilot 2023 for (i) homicide, (ii) attempted homicide and (iii) other offences were assessed under the modern slavery National Referral Mechanism.
Answered by Robert Courts - Solicitor General (Attorney General's Office)
The methodology of the Crown Prosecution Service (CPS) Joint Enterprise Pilot 2023 is set out on their website at: www.cps.gov.uk/publication/crown-prosecution-service-joint-enterprise-pilot-2023-data-analysis.
This involved the application of a local ‘flag’ to joint enterprise homicide and attempted homicide cases which were then manually reviewed and certain case features were counted. The number of cases in which the defendant was assessed under the modern slavery National Referral Mechanism was not counted during the pilot and it is not possible to extract further management information from the local ‘flag’ centrally.
Asked by: Kim Johnson (Labour - Liverpool, Riverside)
Question to the Attorney General:
To ask the Attorney General, with reference to the Code for Crown Prosecutors, how many and what proportion of joint enterprise (a) homicide, and (b) attempted homicide charges in the Crown Prosecution Service Joint Enterprise Pilot 2023 that used the Threshold Test subsequently recorded an application of the Full Code Test.
Answered by Robert Courts - Solicitor General (Attorney General's Office)
The methodology of the Crown Prosecution Service (“CPS”) Joint Enterprise Pilot 2023 (the “Joint Enterprise Pilot”) is set out on the CPS website: Crown Prosecution Service Joint Enterprise Pilot 2023: Data Analysis | The Crown Prosecution Service (cps.gov.uk).
The methodology involved the application of a local ‘flag’ to joint enterprise homicide and attempted homicide cases which were then manually reviewed and certain case features counted. The number of cases in which the Threshold Test in the Code for Crown Prosecutors was applied was not counted during the Joint Enterprise Pilot and it is not possible to extract further management information from the local ‘flag’ centrally.
Informed by the results of the Joint Enterprise Pilot, the CPS has updated its case management system in order to commence a full national monitoring scheme in the spring. A new mandatory national Joint Enterprise Monitoring Code ‘flag’ will enable the CPS to extract management information from such cases centrally, including whether the Threshold Test was applied when a defendant was charged.
The Code for Crown Prosecutors is clear that the Threshold Test may only be applied after a rigorous examination of its five conditions. This ensures that it is only applied when necessary and that cases are not charged prematurely. Any decision to charge under the Threshold Test must be kept under review and the Full Code Test must be applied as soon as practicable.
Asked by: Kim Johnson (Labour - Liverpool, Riverside)
Question to the Attorney General:
To ask the Attorney General, in how many and what proportion of the joint enterprise (a) homicide and (b) attempted homicide cases in the Crown Prosecution Service Joint Enterprise Pilot 2023 was the threshold test applied.
Answered by Robert Courts - Solicitor General (Attorney General's Office)
The methodology of the Crown Prosecution Service (“CPS”) Joint Enterprise Pilot 2023 (the “Joint Enterprise Pilot”) is set out on the CPS website: Crown Prosecution Service Joint Enterprise Pilot 2023: Data Analysis | The Crown Prosecution Service (cps.gov.uk).
The methodology involved the application of a local ‘flag’ to joint enterprise homicide and attempted homicide cases which were then manually reviewed and certain case features counted. The number of cases in which the Threshold Test in the Code for Crown Prosecutors was applied was not counted during the Joint Enterprise Pilot and it is not possible to extract further management information from the local ‘flag’ centrally.
Informed by the results of the Joint Enterprise Pilot, the CPS has updated its case management system in order to commence a full national monitoring scheme in the spring. A new mandatory national Joint Enterprise Monitoring Code ‘flag’ will enable the CPS to extract management information from such cases centrally, including whether the Threshold Test was applied when a defendant was charged.
Asked by: Kim Johnson (Labour - Liverpool, Riverside)
Question to the Attorney General:
To ask the Attorney General, pursuant to the Answer of 11 January 2024 to Question 8608 on Aiding and Abetting, what consideration the Crown Prosecution Service gives to a suspect’s level of (a) intention to assist or encourage and (b) contribution to the commission of an offence when making charging decisions using joint enterprise laws.
Answered by Robert Courts - Solicitor General (Attorney General's Office)
The Crown Prosecution Service (CPS) guidance on secondary liability (Secondary Liability: charging decisions on principals and accessories | The Crown Prosecution Service (cps.gov.uk)) provides guidance to CPS prosecutors on what needs to be proved in respect of the secondary party’s participation in an offence.
The secondary party, by words or conduct, must encourage or assist the commission of the offence by another person, and must intend to do so.
Mere accidental presence at the scene of an offence or mere association with the principal offender or a group or gang will not alone be sufficient to prove that a secondary party participated in the offence.
If the offence requires a particular intent, the secondary party must intend to assist or encourage the other person to act with that intent.
The CPS guidance provides a number of scenarios to demonstrate the type and level of participation that may amount to assistance or encouragement.
The guidance also contains a section on intent (see “Mens rea – Intent”) that explains in detail how intent may be proved in practice, in relation to various types of scenarios.
Asked by: Kim Johnson (Labour - Liverpool, Riverside)
Question to the Attorney General:
To ask the Attorney General, pursuant to the Answer of 11 January 2024 to Question 8608, Aiding and Abetting, if she will direct the Crown Prosecution Service to clarify in future guidance that joint enterprise only applies where persons intentionally assist or encourage another to commit a crime.
Answered by Robert Courts - Solicitor General (Attorney General's Office)
The Crown Prosecution Service (CPS) guidance is issued in accordance with the law as it currently stands.
The law on joint enterprise is a common law doctrine and is not currently governed by statute. A decision to legislate in this area (if deemed appropriate) is the responsibility of the Secretary of State for Justice.
The current guidance covers the main principles of joint enterprise, as clarified in the lead case of R v Jogee. It is clearly stated in the guidance that a secondary party to an offence must intend to encourage or assist the commission of the crime by another person.
Asked by: Kim Johnson (Labour - Liverpool, Riverside)
Question to the Attorney General:
To ask the Attorney General, with reference to the Crown Prosecution Service report of 29 September 2023, Crown Prosecution Service Joint Enterprise Pilot 2023: Data Analysis, whether joint enterprise applies where persons unintentionally assist or encourage another to commit a crime.
Answered by Robert Courts - Solicitor General (Attorney General's Office)
Joint enterprise is a common law doctrine, meaning that it has developed over time through case law rather than being set out in statute.
The doctrine may apply where two or more persons are involved in committing a criminal offence.
Where joint enterprise applies, the secondary party or accessory will be liable for the offence if they encourage or assist the commission of the offence by the principal party, and they intend to encourage or assist the commission of the offence.
The secondary party will not therefore be liable if they do not intend to encourage or assist the commission of the offence.
The outcomes of the Joint Enterprise pilot were published on 29 September 2023 and will inform the Crown Prosecution Service's national monitoring scheme of joint enterprise cases.