(4 years, 11 months ago)
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I will come on to the Government’s position of neutrality in a moment.
I will in a moment. I seek simply to set out, for the House’s benefit, a factual description of the current circumstances. I will first respond to the intervention of my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes), before coming to my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell).
As with any offence, there is a measure of CPS discretion as to whether the prosecution serves the public interest, but of course somebody who is in the unfortunate circumstances that we have been discussing today does not have any certainty, because they cannot be certain how the Director of Public Prosecutions will exercise their discretion.
Let me just go through the numbers, before I respond to the intervention by my right hon. Friend the Member for Sutton Coldfield; I think that it is worth my setting out some facts and some numbers for the House’s benefit. Between April 2009 and July 2019, the police referred 152 cases related to this issue to the Crown Prosecution Service in England and Wales; I regret that I do not have the figures for Scotland. Of those 152 cases, 104 cases were not proceeded with by the CPS; 29 cases were withdrawn by the police; three cases were prosecuted successfully; one case was prosecuted unsuccessfully, which is to say that it went to court but the jury acquitted; three cases remain outstanding; and eight cases led to prosecutions for a different criminal offence. So, just as a matter of fact—I am not expressing an opinion, but simply stating a fact—only three of those 252 cases, as the hon. Member for North Antrim (Ian Paisley) said earlier, resulted in a successful prosecution.
Now I will of course give way to my right hon. Friend the Member for Sutton Coldfield.