Monday 26th July 2010

(13 years, 9 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

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Dominic Grieve Portrait The Attorney-General
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The Home Secretary is sitting on my left, and she has had the opportunity of hearing the hon. Gentleman. As he will appreciate, the points that he makes are again outside the remit of myself as a Law Officer and, indeed, of the Crown Prosecution Service, but I fully accept that they are perfectly pertinent.

Anna Soubry Portrait Anna Soubry (Broxtowe) (Con)
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Would my right hon. and learned Friend be able to assist in this way: cases involving causation are always difficult, but did the Crown Prosecution Service consider two other charges available to it, neither of which would have been time-barred, namely affray and misfeasance in public office?

Dominic Grieve Portrait The Attorney-General
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So far as affray is concerned, I am not aware of whether it was considered, and it does not immediately spring to mind as appropriately reflecting what happened in the case. So far as misconduct in public office is concerned, the matter can be looked at, but the test for misconduct in public office is quite clear: it should not be used as a substitute to get around a substantive offence being brought. For those reasons, the CPS took the view that misconduct in public office was not an appropriate charge to bring, and in that it is certainly backed by all precedent.