The Attorney General’s Office (AGO) provides legal advice and support to the Attorney General and the Solicitor General (the Law Officers) who give legal advice to government. The AGO helps the Law Officers perform other duties in the public interest, such as looking at sentences which may be too low.
Victoria Prentis
Attorney General
Robert Courts
Solicitor General (Attorney General's Office)
Oral Answers to Questions is a regularly scheduled appearance where the Secretary of State and junior minister will answer at the Dispatch Box questions from backbench MPs
Other Commons Chamber appearances can be:Westminster Hall debates are performed in response to backbench MPs or e-petitions asking for a Minister to address a detailed issue
Written Statements are made when a current event is not sufficiently significant to require an Oral Statement, but the House is required to be informed.
Attorney General does not have Bills currently before Parliament
Attorney General has not passed any Acts during the 2019 Parliament
e-Petitions are administered by Parliament and allow members of the public to express support for a particular issue.
If an e-petition reaches 10,000 signatures the Government will issue a written response.
If an e-petition reaches 100,000 signatures the petition becomes eligible for a Parliamentary debate (usually Monday 4.30pm in Westminster Hall).
The Law Officers’ Convention requires that it is not generally disclosed outside Government whether I have been asked to provide advice or the contents of any such advice. This is a longstanding principle of Cabinet collective agreement which enables the Government of the day to obtain frank and full legal advice in confidence.
I refer the Hon Member to my response to UIN 17533 tabled on Wednesday 13 March 2024.
The Government publishes on GOV.UK details of the cost of overseas Ministerial travel, including costs of travel, and on other costs (visas, accommodation, meals).
But as has been the case under successive administrations, the Government does not publish granular detail on Ministers’ travel at home or abroad.
In line with normal Government Legal Department charging arrangements, any costs in relation to this matter have been or will be borne by the Department for Science, Innovation and Technology.
All departments in central government, including arms lengths bodies apply the published guidance: Using non-corporate communication channels (e.g. WhatsApp, private email, SMS) for government business published by Cabinet Office in March 2023. It applies to all individuals in central government (ministers, special advisers, officials, contractors, non-executive board members and independent experts advising ministers). The Attorney General’s Office (AGO) uses the central guidance and has applied it since March 2023.
Please note that I am responding on behalf of the AGO only, and not the departments superintended by myself and the Attorney General (the Crown Prosecution Service, HM Crown Prosecution Service Inspectorate, Government Legal Department, and Serious Fraud Office).
There have been no incidents of money lost to fraud and error by the Attorney General’s Office (AGO) in each of the last three financial years.
Information relating to detected fraud and error for the AGO is published in the HM Procurator General and Treasury Solicitor Annual Reports and Accounts (HMPGTS Accounts). The HMPGTS Accounts for the financial years 2020-21, 2021-22, and 2022-23 are available on GOV.UK at the following links: 2020-21, 2021-22, and 2022-23. The HMPGTS Accounts contain information relating to the AGO, Government Legal Department, and HM Crown Prosecution Service Inspectorate.
The Government is proud of its record in proactively seeking to find and prevent more fraud in the system. We have established the dedicated Public Sector Fraud Authority (PSFA). In its first year, it delivered £311 million in audited counter fraud benefits.
The PSFA produces a Fraud Landscape Report which is available on GOV.UK: Cross-Government Fraud Landscape Annual Report 2022 - GOV.UK (www.gov.uk). This provides data on fraud and error detection, loss and recoveries in central government, outside of the tax and welfare system. The 2020-21 Report was published in March 2023.
I cannot answer your question as to do so would be in breach of the Law Officers’ Convention.
Paragraph 2.13 of the Ministerial Code clearly states that the fact that the Law Officers have advised or have not advised and the content of their advice must not be disclosed outside Government without their authority.
Tackling violence against women and girls (VAWG) remains one of this government’s top priorities. We continue to expand the number of VAWG offences to reflect the evolving criminal justice landscape.
The Crown Prosecution Service (CPS) is improving the way existing offences are prosecuted. It has produced a new operating model for the prosecution of rape and is now working in partnership with the police on a joint action plan to improve their collective handling of domestic abuse cases, applying the same principles from the work on rape which has driven marked improvement.
To address the increasing complexity of VAWG offending, and the holistic needs of victims, the CPS is also producing a new VAWG strategy which will be published by Autumn 2024.
Ministers and officials have regular discussions with the Department for Levelling Up, Housing and Communities over a range of issues. More broadly, I refer the hon. Member to the answer of 1 March 2024, Official Report, PQ 16019 on tackling anti-Muslim hatred.
The requested information is not centrally held, and complying with this request would incur a disproportionate cost to the Attorney General’s Office (AGO). Reports and guidance that the AGO has published can be found on GOV.UK at Search - GOV.UK (www.gov.uk).
Please note that I am responding on behalf of the AGO only, and not the departments superintended by the Attorney General and I (the Crown Prosecution Service, HM Crown Prosecution Service Inspectorate, Government Legal Department, and Serious Fraud Office).
The Crown Prosecution Service (CPS) is responsible for prosecuting cases which have been referred to them following an investigation by the police. The CPS will consider a prosecution for any case involving incitement to cause criminal damage or criminal damage to Ultra Low Emission Zone cameras under the Code for Crown Prosecutors.
The Crown Prosecution Service (CPS) has not issued specific guidance on prosecuting those who incite others to cover up cameras in the Ultra Low Emission Zone.
These offences would be covered by existing guidance on inchoate offences, Theft Act offences, and offences during protests, demonstrations or campaigns. The existing guidance is available on the CPS website: Inchoate Offences; Theft Act Offences; and Offences during Protests, Demonstrations or Campaigns.
I visited Israel and the Occupied Palestinian Territories between 14 and 16 February 2024. In Israel, I met with the Israeli Attorney General, lawyers for the Israeli Defence Force, and the President of the Supreme Court. In the West Bank, I met with the Palestinian Attorney
General and the Prime Minister.
I held frank discussions in which I emphasised the importance of International Humanitarian Law (IHL) being respected, civilians protected, and detainees being held in compliance with the Geneva Conventions.
The UK Government continues to call for IHL to be respected and for civilians to be protected.
The Attorney General’s Office (AGO) uses advertising to promote vacancies in the Department.
The table below sets out what, in the last three years, the AGO budgeted for all communication and marketing and what it spent on advertising.
| 2021/22 | 2022/23 | 2023/24 |
Budget for communication and marketing | £26,500.00 | £35,000.00 | £40,000.00 |
Spend on advertising | £714.00 | £714.00 | £714.00 |
Please note that I am responding on behalf of the AGO only, and not the departments superintended by the Attorney General and I (the Crown Prosecution Service, HM Crown Prosecution Service Inspectorate, Government Legal Department, and Serious Fraud Office).
The Attorney General’s Office’s (AGO) paid subscriptions to magazines provide AGO officials with a valuable resource of public discourse on topics relevant to the Department.
The AGO’s allocated budget and spend on magazine subscriptions in each of the last three financial years is set out in the table below.
Please note that figures for the allocated budget include magazine and other subscriptions (e.g., newspapers and online journals), whereas spend is for magazine subscriptions only.
| 2021/22 | 2022/23 | 2023/24 |
Allocated budget | £8,000.00 | £8,000.00 | £8,000.00 |
Spend on magazine subscriptions | £152.50 | £145.00 | £145.00 |
Please note that I am responding on behalf of the AGO only, and not the departments superintended by the Attorney General and I (the Crown Prosecution Service, HM Crown Prosecution Service Inspectorate, Government Legal Department, and Serious Fraud Office).
The Attorney General’s Office’s (AGO) paid subscriptions to newspapers, magazines, and online journals provide AGO officials with a valuable resource of public discourse on topics relevant to the Department.
The AGO’s paid subscriptions for the last three financial years are set out in the table below.
| 2021/22 | 2022/23 | 2023/24 |
Newspapers | Financial Times; Telegraph | Financial Times; Telegraph | Financial Times; Sunday Times; Telegraph |
Magazines | Critic Magazine; Counsel Magazine | Counsel Magazine | Counsel Magazine |
Online journals | N/A | Thomson Reuters; Joshua Rozenberg | Thomson Reuters; Joshua Rozenberg |
Please note that I am responding on behalf of the AGO only, and not the departments superintended by the Attorney General and I (the Crown Prosecution Service, HM Crown Prosecution Service Inspectorate, Government Legal Department, and Serious Fraud Office).
The apprenticeship levy for the Attorney General’s Office (AGO) is managed by the Government Legal Department (GLD). The GLD also manages the apprenticeship levy for HM Crown Prosecution Service Inspectorate (HMCPSI). These apprenticeship levies are combined into one pot and it is not possible to isolate them by department. However, it is possible to isolate the levy fees spent by the AGO to support its apprentices.
Between 01 September 2021 and 31 August 2023, the apprenticeship levy fees paid for the AGO, GLD, and HMCPSI were £1,380,581. This includes the 10% government top up.
During the same period, the AGO spent £30,173 to support AGO apprentices.
Please note that, except for the references to the GLD and HMCPSI above, I am responding on behalf of the AGO only, and not the departments superintended by the Attorney General and I (the Crown Prosecution Service, HMCPSI, GLD, and Serious Fraud Office).
The Attorney General’s Office (AGO) does not have any Digital and Data (DDaT) posts.
The Crown Prosecution Service (CPS) is the AGO’s shared IT service provider. The total number of vacant DDaT posts in the CPS is 32, 10.5% of DDaT posts in the CPS.
As part of the 2022 to 2025 roadmap for digital and data, all government departments made a commitment to reduce their digital and data vacancies to under 10% of total Government Digital and Data headcount by 2025. Overall good progress has been made, with total vacancies now at 15%.
The Crown Prosecution Service (CPS) is responsible for the provision and management of up-to-date IT infrastructure and applications for the Attorney General’s Office (AGO).
The CPS does not currently maintain any legacy IT infrastructure on behalf of the AGO.
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.
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.
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.
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.
In conducting any review, it is essential we involve operational partners and stakeholders affected by the changes.
The 2023 update to the Attorney General’s Guidelines has been focused on digital evidence and a working group was established with representatives including the Crown Prosecution Service, Serious Fraud Office, HM Revenue and Customs, National Crime Agency, police, Ministry of Justice, and Home Office. In addition, specific sessions were held with the legal defence community.
Publication of the next Annual Review is due shortly. Given the 2022 review of disclosure was extensive, the current review has focused on the disclosure of digital evidence. I will write to the honourable member with the updated guidance as soon as the revisions are published.
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.
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 Attorney General’s Office (AGO) receives requests to refer sentences under the Unduly Lenient Sentence scheme to the Court of Appeal and publishes annual reports on the outcomes of the requests which it refers.
The annual report for 2023 has not yet been published. The latest annual report, for the year 2022, was published on 17 October 2023 (see Unduly lenient sentence annual case outcomes data - GOV.UK (www.gov.uk)).
The AGO also releases weekly statistics of requests to refer sentences. Weekly statistics for 2023, including requests to refer sentences for offences involving paedophilia (such as indecent images of a child, rape of a child under 13, and sexual assault of a child under 13) can be found at Outcome of unduly lenient sentence referrals - GOV.UK (www.gov.uk).
For the financial year ending 31 March 2021, of all female civil servants employed by the Crown Prosecution Service (CPS), 6.1% (274) were employed on temporary contracts. This equates to 4% of all CPS workforce headcount.
For the financial year ending 31 March 2022, of all female civil servants employed by the CPS, 5.9% (279) were on temporary contracts. This equates to 3.9% of all CPS workforce headcount.
For the financial year ending 31 March 2023, of all female civil servants employed by the CPS, 2.9% (147) were on temporary contracts. This equates to 1.9% of all CPS workforce headcount.
The duty, which came into force on 1 November 2023, does not require the Attorney General’s Office (AGO) nor its superintended bodies (the Crown Prosecution Service, the Government Legal Department, the Serious Fraud Office, and HM Crown Prosecution Service Inspectorate) to maintain a comprehensive list of policies within scope of the duty.
The AGO and the bodies it superintends do not lead on policy.
As part of the greening government commitments framework, set for the period between April 2021 to March 2025, the Attorney General’s Office’s overall and direct emissions reduction targets are 49% and 25%, respectively.
While the Attorney General and I, and our department, regularly engage with the legal professions, we have not discussed the management of Family Protection Trusts by firms of solicitors with the Law Society.
I responded to your questions 6773 and 6774 on 24 January 2024. Please accept my apologies for the delay.
Under the Public Sector Equality Duty (the Duty), all public authorities, including Government departments, are required by law to ensure that they have due regard to certain equality considerations when carrying out their functions. While ‘equality impact assessments’ (EIAs) may be produced, there is no legal requirement for duty assessments to be recorded in a specific format.
The Government Legal Department (GLD) is the Attorney General’s Office’s (AGO) HR shared service provider and is therefore responsible for EIAs at the AGO. In the last five years, GLD has completed four EIAs when making substantive changes to HR policies and procedures (two EIAs in 2021 and two in 2023).
The AGO has completed no EIAs relating to policy changes. This aligns with its role as a department that does not hold policy in its own right.
I would like to thank the Rt Hon Member for bringing this matter to our attention. Due to an oversight in the administrative process by officials, these three payments were not disclosed in the 2022-23 HM Procurator General and Treasury Solicitor Annual Report and Accounts. The payments will be properly reflected in the 2023-24 HM Procurator General and Treasury Solicitor Annual Report and Accounts, in line with prevailing guidance on departmental accounts.
In the interests of transparency, I can confirm that in the 2022-23 period, the following payments were made:
My right hon. Friend the Member for Cheltenham (Alex Chalk) - £14,490 (August 2022)
My hon. Friend the Member for Eddisbury (Edward Timpson) - £14,490 (October 2022)
My right hon. Friend the Member for Northampton North (Sir Michael Ellis) - £23,612 (November 2022)
All three severance payments were made under the Ministerial and other Pensions and Salaries Act 1991, which provides for severance payments to Ministers who cease to hold office and are not reappointed to the government within 3 weeks. This reflects the lack of any notice period when Ministers leave government.
I would note that such statutory provisions have existed across governments of all political colours.
I would like to thank the Rt Hon Member for bringing this matter to our attention. Due to an oversight in the administrative process by officials, these three payments were not disclosed in the 2022-23 HM Procurator General and Treasury Solicitor Annual Report and Accounts. The payments will be properly reflected in the 2023-24 HM Procurator General and Treasury Solicitor Annual Report and Accounts, in line with prevailing guidance on departmental accounts.
In the interests of transparency, I can confirm that in the 2022-23 period, the following payments were made:
My right hon. Friend the Member for Cheltenham (Alex Chalk) - £14,490 (August 2022)
My hon. Friend the Member for Eddisbury (Edward Timpson) - £14,490 (October 2022)
My right hon. Friend the Member for Northampton North (Sir Michael Ellis) - £23,612 (November 2022)
All three severance payments were made under the Ministerial and other Pensions and Salaries Act 1991, which provides for severance payments to Ministers who cease to hold office and are not reappointed to the government within 3 weeks. This reflects the lack of any notice period when Ministers leave government.
I would note that such statutory provisions have existed across governments of all political colours.
Whilst Newcastle is not currently under consideration as a base for the Government Legal Department (GLD), the GLD's position might change in the future if demand for GLD services increases in the region.
GLD sites have been selected based on a model of developing a national organisation located in the proximity of its clients and using established legal markets which have strong pipelines for recruiting from diverse pools.
Decisions on sites are evidence-based, for example, on research and analysis of local academic and labour markets, whilst also reflecting various Government estate and property initiatives such as Places for Growth.
The Pilgrim Quarter Development will be the Government Hub for HM Revenue and Customs (HMRC) in the North East, housing 9,000 HMRC employees when complete. As GLD does not currently offer legal services to HMRC, we would not automatically co-locate within their sites.
The Government Legal Department will publish its gender pay gap report for the financial year 2022-23 by 30 March 2024.
The composition of the Ministry of Justice Legal Advisers Team, a division of the Government Legal Department (GLD), is as follows:
Description | Staff numbers |
Head of Division/Director (Senior Civil Service Pay Band 2) | 1 |
Deputy Director (Senior Civil Service Pay Band 1) | 6 |
Senior Lawyer (Grade 6) | 23 |
Lawyer (Grade 7) & Junior Lawyer (Legal Officer) | 37 |
Senior Executive Officer, Higher Executive Officer | 0 |
Legal Trainee, Executive Officer, Administrative Officer | 10 |
The composition of the GLD's Litigation Group is as follows:
Description | Staff numbers |
Head of Division/Director (Senior Civil Service Pay Band 2) | 1 |
Deputy Director (Senior Civil Service Pay Band 1) | 30 |
Senior Lawyer (Grade 6) | 136 |
Lawyer (Grade 7) & Junior Lawyer (Legal Officer) | 336 |
Senior Executive Officer, Higher Executive Officer | 51 |
Legal Trainee, Executive Officer, Administrative Officer | 203 |
These civil servants act on behalf of and in the name of the Treasury Solicitor, and pursuant to section 88 of the Solicitors Act 1974 are not required to be admitted or enrolled as a legal practitioner. They predominantly comprise of solicitors and barristers, the majority of which are admitted to practice in England and Wales, although some are qualified to practice in other jurisdictions.
The Costs Litigation Team includes qualified costs lawyers, in addition to which a small number of qualified legal executives are also employed in the Litigation Group. The balance of staff comprises legal trainees, apprentices, paralegals, and business support staff.
Qualified lawyers are required to adhere to the professional standards of their respective profession (solicitor, barrister, costs lawyer, or legal executive), and all staff are required to comply with the Civil Service Code.
The Crown Prosecution Service (CPS) rolled out a new Crown Court operating model last year. This is a more effective and efficient approach to justice as it means the CPS serve more material on the defence at a much earlier stage so they can be more robust with case management and encourage earlier guilty pleas.
The CPS is transforming the service it provides to victims through its Victim Transformation Programme. The Programme is delivering an improved Universal Service offer for all victims of crime, which will build victims’ understanding of the role of the CPS, ensure that victims understand their rights, and signpost victims to relevant support.
The Victim Transformation Programme also includes an Enhanced Service offer for adult victims of rape and serious sexual offences (RASSO). The Enhanced Service will include the offer of a meeting with a member of the prosecution team once a victim has been notified their case is proceeding to trial. This will give victims the opportunity to discuss what happens next and ask questions about the process. The Enhanced Offer will also include a dedicated Victim Liaison Officer in all CPS RASSO Units to help improve the quality of engagement with adult RASSO victims.
The Victim Transformation Programme builds on actions the CPS has already taken to improve the quality of the communications and the service it provides to victims. For example, the CPS has published an online guide for all victims of crime, which explains what they can expect when their case reaches the CPS and what their entitlements are as victims. This has had nearly 110,000 views in total since its launch in September 2022. It follows an earlier guide the CPS produced for victims of rape and serious sexual offences, which has had over 320,000 views since November 2021.
Speedy access to justice is in the interest of victims, defendants, witnesses, and society.
The Ministry of Justice is co-ordinating cross-government action to support the Crown Courts and the Crown Prosecution Service (CPS) is engaging with key delivery partners to support longer term improvements. The national Criminal Justice Board, re-instated last year by the Lord Chancellor, is a welcomed opportunity to identify and tackle the challenges faced by the criminal justice system.
The CPS rolled out a new Crown Court operating model last year. This is a more effective and efficient approach to justice as it means the CPS serve more material on the defence at a much earlier stage so they can be more robust with case management and encourage earlier guilty pleas.
Further, the CPS has an important role in ensuring that victims are informed and supported. The CPS is transforming the service it provides to victims through its Victim Transformation Programme. The Programme is delivering an improved Universal Service offer for all victims of crime, which will build victims’ understanding of the CPS’ role, ensure that victims understand their rights, and signpost victims to relevant support.
The Victim Transformation Programme also includes an Enhanced Service offer for victims with the greatest needs. The first cohort of victims to receive the Enhanced Service offer will be adult victims of rape and serious sexual offences (RASSO). The Enhanced Service will include the offer of a meeting with a member of the prosecution team once a victim has been notified their case is proceeding to trial. This will give victims the opportunity to discuss what happens next and ask questions about the process. The Enhanced Offer will also include a dedicated Victim Liaison Officer in all CPS RASSO Units to help improve the quality of engagement with adult RASSO victims.
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.
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.
The Crown Prosecution Service (CPS) does not hold data on the number of prosecutions for offences relating specifically to assaults on prison officers. The number of prosecutions commenced in the last five years for charges relating to assault and/or battery against emergency workers (charged by way of section 39 of the Criminal Justice Act 1988 and section 1 of the Assaults on Emergency Workers
(Offences) Act 2018), which include prison officers, is set out below. It would not be possible to determine the outcome of these prosecutions or whether the charge related specifically to an assault on a prison officer without an examination of CPS case files, which would incur disproportionate cost.
| 2018-2019 | 2019-2020 | 2020-2021 | 2021-2022 | 2022-2023 |
Section 39, Criminal Justice Act 1988; Section 1, Assaults on Emergency Workers (Offences) Act 2018 | 4,401 | 23,676 | 28,906 | 35,301 | 31,996 |
Data Source: CPS Case Management Information System |
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The Crown Prosecution Service (CPS) reviews all cases received from the police, using the two-stage test (sufficient evidence for a reasonable prospect of conviction and an assessment of public interest factors) to determine suitability for prosecution. The volume of prosecutions is therefore determined by the number of cases received from the police which pass the two-stage test.
CPS data from the period April – June 2023 (our most recent available figures) shows high conviction rates for theft, criminal damage (including arson), and public order offences.
Across this period, the conviction rate for theft and handling was 91.1%. In the same quarter, the conviction rate for criminal damage (including arson) was 84.8%. The conviction rate for public order offences was 81.5%.
The Attorney General's Office has indicated that it will not be possible to answer this question within the usual time period. An answer is being prepared and will be provided as soon as it is available.
The Unduly Lenient Sentence (ULS) scheme in England and Wales permits the Court of Appeal to review a sentence, correct a sentencing error, and give guidance on how to approach some of the most serious and complex sentencing exercises.
The Court of Appeal will only grant permission to refer a sentence in exceptional circumstances: for example, if the judge has passed a sentence that falls outside the range of sentences which a judge, applying their mind to all the relevant factors before them, could properly consider appropriate, or if the judge has made some gross error in law.
The scheme is kept under constant review. In November 2019, 14 new offences were added to the scheme. These included offences relating to indecent images of children.
In 2022, the Law Officers referred 139 cases to the Court of Appeal. The Court granted leave to refer in 105 (75%) cases and the sentence was increased in 95 (68%) cases. Of the 95 cases in which the sentence was increased, 23 (24%) were sentences for child sex offences.
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.
The Law Officers’ Convention prevents me from disclosing outside Government whether the Attorney General has been asked to provide advice or the contents of any such advice. This is a longstanding principle of Cabinet collective agreement. The Attorney General has not had any discussions with the Scottish Government on this topic.