Asked by: Matthew Offord (Conservative - Hendon)
Question to the Attorney General:
To ask the Attorney General, what assessment he has made of trends in the number of cases of alleged hate crimes ending before going to court as a result of such complaints being withdrawn.
Answered by Robert Buckland
In 2017-18, the number of non-convictions due to complainant retraction was 188, down from 198 the previous year. This accounted for 1.3% of all completed hate crime prosecutions. The Crown Prosecution Service is working closely with criminal justice partners to ensure the support offered to complainants and witnesses in hate crime cases is tailored to meet their individual needs.
The majority of hate crime prosecutions (75.4%) result in a guilty plea from defendants, reducing the need for complainants and witnesses to give evidence in court. However, where live evidence is required, the CPS is committed to supporting them to give their best evidence. This includes consideration of whether they would benefit from special measures such as giving evidence behind a screen or via a video link.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Attorney General:
To ask the Attorney General, what guidance he has published on laying criminal charges against people with dementia.
Answered by Robert Buckland
All decisions to prosecute made by the Crown Prosecution Service must meet the Full Code Test set out in the Code for Crown Prosecutors. The Code makes it clear that there is a balance to be struck between the public interest in diverting a defendant with significant mental illness such as dementia from the criminal justice system and other public interest factors in favour of prosecution, including the need to safeguard the public.
The eighth edition of the Code for Crown Prosecutors was published in October 2018. Prosecutors are asked to “have regard to whether the suspect is, or was at the time of the offence, affected by any significant mental or physical ill health or disability, as in some circumstances this may mean that it is less likely that a prosecution is required. However, prosecutors will also need to consider how serious the offence was, whether the suspect is likely to re-offend and the need to safeguard the public or those providing care to such persons.”
The existing CPS legal guidance on prosecuting ‘Mentally Disordered Offenders’ is currently being revised to include specific guidance on prosecuting cases where the suspect suffers from a condition such as dementia. This will be published for public consultation in 2019.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Attorney General:
To ask the Attorney General, if he will ensure that only the Crown Prosecution Service is able to make decisions on the charging of individuals.
Answered by Robert Buckland
The Crown Prosecution Service (CPS) prosecutes criminal cases that have been investigated by the police and other investigative organisations in England and Wales.
The statutory framework that determines by whom an offence is charged is set out in the Police and Criminal Evidence Act 1984 and the Prosecution of Offences Act 1985.
The CPS determines the appropriate charges in more serious or complex cases. Minor offences are charged by the police.
The CPS advises the police on cases for possible prosecution, and reviews cases submitted by the police for prosecution in accordance with the principles set out in the Code for Crown Prosecutors.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Attorney General:
To ask the Attorney General, if he will consider overturning the decision to classify documents about the death of Dr David Kelly; and if he will make a statement.
Answered by Jeremy Wright
The circumstances surrounding the death of Dr David Kelly were considered extensively by my predecessor in 2011. The investigation that he commissioned reviewed all of the relevant documents and evidence. The then Attorney General’s conclusion at the end of that process was that a fresh inquest or inquiry into the death was not warranted. A written statement setting out the detailed reasons for the Attorney’s decision was placed in the House of Commons library in June 2011. That statement was accompanied by a good deal of additional material, including the independent reports that were commissioned.
I am not persuaded there is any reason to re-visit the matter.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Attorney General:
To ask the Attorney General, what guidance his Department provides to ensure the consistent prosecution and assessment of hate crime by the regional Crown Prosecution Service offices.
Answered by Robert Buckland
Hate crime creates fear and can have a devastating impact on individuals and communities. The Crown Prosecution Service (CPS) is committed to tackling hate crime in any form. In 2015-16, the CPS prosecuted 15,442 hate crime prosecutions, the highest number to date.
The CPS has published Public Policy Statements on all monitored strands of hate crime as a public consultation to demonstrate its understanding and commitment and to encourage public confidence. These statements were developed in partnership with community stakeholders, an approach which is being delivered nationally.
The CPS policy for dealing with hate crime cases is delivered by consistent application of national legal guidance. Legal guidance is available on all strands of monitored hate crime and incorporates relevant case law and good practice. It assists prosecutors to assess the issues in hate crime cases, make the right charging decisions and build robust prosecutions. The CPS ensures the policy and legal guidance is applied nationally by delivering national training to ensure effective application. The hate crime training is mandatory for all prosecutors.
There are Hate Crime Coordinators in every CPS Area and they meet twice a year to share best practice and inform national guidance. Since January 2015, the CPS has also operated a Hate Crime Assurance Scheme to ensure consistency in prosecuting cases. To assist the consistent prosecution and assessment of hate crime, the CPS nationally and locally, seeks the practical input of individuals with experience and expertise in supporting victims of hate crime.