Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Attorney General:
To ask the Attorney General, pursuant to the Answer of 23 May 2022 to Question 5345 on Criminal Liability, for what reason the CPS does not maintain a central record of any defence employed by defendants in criminal proceedings.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Crown Prosecution Service (CPS) collects data to assist in the effective management of its prosecution functions. This data is derived from structured data fields completed on individual case records held in the Case Management Information System (CMS) and reported in the Management Information System (MIS).
Any information recorded in the CMS about the defence(s) employed by defendants would be added as ‘freetext’ which cannot be centrally collated in the MIS and would only be obtainable by manually reviewing CPS case records. Defences employed are by their nature specific to the circumstances of each individual case, so collecting related data would provide little benefit as CPS operational management information.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Attorney General:
To ask the Attorney General, whether she is taking steps to improve access to justice for victims of death by driving offenders.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Crown Prosecution Service (CPS) recognise that deaths caused by driving offences are particularly tragic cases and ensuring that the victim’s family is appropriately informed and supported in the aftermath is incredibly important.
Crown Prosecutors must always adhere to the two-stage test set out in the Code for Crown Prosecutors when making charging decisions in any case. This means first objectively assessing whether the evidential threshold is met, and if this aspect of the test is satisfied, going on to consider whether a prosecution is required in the public interest.
The CPS operates a Victims’ Right to Review (VRR) Scheme which enables close relatives of a person whose death was directly caused by criminal conduct to seek a review of a CPS decision not to bring a prosecution, or to discontinue a case. This scheme has been designed to be as accessible as possible, with no obligation on a victim’s family to make specific representations relating to the CPS decision, it is sufficient to simply ask that the decision be reviewed.
The CPS also has specific guidance and practices which deliver an enhanced standard of service to bereaved families, in recognition of the particularly difficult nature of these cases. This will include offering a meeting with the victim’s family to explain any CPS decision not to charge, and at various other stages of a case.
Improving the experience of victims of crime is a priority for the CPS and last year it commissioned independent research to better understand what victims want and need; and to identify areas for improvement. On the 27 June, the CPS published its response to the research findings, setting out four key areas of action which will form the basis of a long-term programme of work to improve how it engages with victims.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Attorney General:
To ask the Attorney General, what assessment she has made of adequacy of recourses for the Crown Prosecution Service to prosecute defendants of road death offences.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The CPS does not have dedicated teams that deal with road death cases. However, these cases are always dealt with carefully and sensitively by prosecutors who have the skills and experience to apply the relevant law and CPS policies.
Crown Prosecutors must always adhere to the two-stage test set out in the Code for Crown Prosecutors when making charging decisions in any case. This means first objectively assessing whether the evidential threshold is met, and if this aspect of the test is satisfied, going on to consider whether a prosecution is required in the public interest.
In addition, CPS guidance on Road Traffic - Charging assists prosecutors in charging cases involving fatal road traffic collisions. It outlines the charging standards and factors for consideration when prosecution decisions are taken.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Attorney General:
To ask the Attorney General, what steps the Crown Prosecution Service takes when deciding to prosecute defendants of road death offences.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Crown Prosecution Service (CPS), in making its decision on whether or not a case should be prosecuted, will always apply the two-stage test set out in the Code for Crown Prosecutors (the Code).
The Code is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985. The Code gives guidance to prosecutors on the general principles to be applied when making decisions about prosecutions.
The first stage (the evidential stage) requires the prosecutor to be satisfied that there is a realistic prospect of conviction on the evidence. The second stage (the public interest stage) requires the prosecutor to be satisfied that the prosecution is in the public interest. The case will not proceed unless both stages of the test are met.
The CPS provides legal guidance to assist prosecutors in charging cases involving fatal road traffic collisions. It outlines the charging standards and factors for consideration when prosecution decisions are taken.
In order to ensure consistency of approach, charging decisions in all fatal collision cases are required to be approved by a Chief Crown Prosecutor (CCP), a Deputy Chief Crown Prosecutor (DCCP), or a senior decision-maker nominated for the role by the CCP or DCCP.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Attorney General:
To ask the Attorney General, what assessment she has made of the adequacy of the Crown Prosecution Services threshold for deciding whether to prosecute road death offences.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The threshold for deciding whether to prosecute offences relating to fatal road traffic collisions in Crown Prosecution Service (CPS) cases is the same threshold that is used for all offences.
The CPS, in making decisions on whether or not a case should be prosecuted, will always apply the two-stage test set out in the Code for Crown Prosecutors (the Code).
The Code is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences Act 1985 and gives guidance to prosecutors on the general principles to be applied when making decisions about prosecutions. It has been the subject of frequent reviews and public consultations, most recently in 2018, when the eighth edition was published.
The first stage of the two-stage test for prosecution (the evidential stage) requires the prosecutor to be satisfied that there is a realistic prospect of conviction on the evidence. The second stage (the public interest stage) requires the prosecutor to be satisfied that the prosecution is in the public interest. The case will not proceed unless both stages of the test are met.
The CPS guidance on Road Traffic - Charging assists prosecutors in charging cases involving fatal road traffic collisions. It outlines the charging standards and factors for consideration when prosecution decisions are taken.
In order to ensure consistency of approach, charging decisions in all fatal collision cases are required to be approved by a Chief Crown Prosecutor (CCP), a Deputy Chief Crown Prosecutor (DCCP), or a senior decision-maker nominated for the role by the CCP or DCCP.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Attorney General:
To ask the Attorney General, how many people the CPS has acquitted on the defence of automatism in England and Wales as of 19th May 2022.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Crown Prosecution Service (CPS) does not maintain a central record of any defence employed by defendants in criminal proceedings. This information could only be obtained by an examination of CPS case files, which would incur disproportionate cost.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Attorney General:
To ask the Attorney General, what proportion of criminal cases have been dropped by the Crown Prosecution Service where automatism has been used as a defence in each of the last three years.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
The Crown Prosecution Service (CPS) does not maintain a central record of any defence employed by defendants in criminal proceedings. This information could only be obtained by an examination of CPS case files, which would incur disproportionate cost.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Attorney General:
To ask the Attorney General, with reference to CPS data summary Quarter 4 2019-2020, what recent assessment he has made of the reasons for the decline in rape prosecutions.
Answered by Michael Ellis
Over the last financial year 2019-20 the charging rate increased by over 10% and there was a 6.2% rise in the volume of rape cases proceeding to prosecution following a decision to charge. Although this is a promising trend which the CPS is seeking to maintain, there is clearly more to be done.
The reasons behind the recent declines in prosecutions are complex and a whole system approach is necessary to address them. There is ongoing work to improve the handling of these sensitive cases and narrow the disparity between offences reported and cases going to court.
In July the CPS published its own rape strategy, the first of its kind for any department. There is also an ongoing cross-Government review of the criminal justice response to rape. This is examining evidence across the system about the causes of the falls in outcomes for rape and identifying solutions to reverse the trend. The CPS is actively engaged in this review and will address any issues raised honestly and openly.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Attorney General:
To ask the Attorney General, what assessment he has made of the effect of restraining orders on the career prospects of defendants who have been acquitted.
Answered by Michael Ellis
Restraining orders are civil orders under the Protection from Harassment Act 1997, though they may be issued in criminal proceedings. The Attorney General’s Office (AGO) has not made any assessment of the effect of restraining orders on the career prospects of defendants who have been acquitted. The AGO is not responsible for policy related to assessing the impact of restraining orders, nor is it responsible for the relevant legislation.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Attorney General:
To ask the Attorney General, what assessment the Government has made of the effect of appeal and review processes for dangerous driving cases on access to justice for victims and their families.
Answered by Michael Ellis
The Victims’ Right to Review (VRR) scheme was launched in June 2013 and provides victims with the opportunity to request a review of a Crown Prosecution Service (CPS) decision not to proceed with a prosecution. This can include cases where charges of death by dangerous driving have been considered.
Access to the scheme has been deliberately designed to be as simple and transparent as possible. No reasons or justification for requesting a review are required. A simple request from the victim that they wish for the decision to be reviewed is all that is required. The VRR scheme has been endorsed by the courts and published guidance is available online.
If the reviewing lawyer decides that the original decision was wrong, and a prosecution is required to maintain confidence in the Criminal Justice System, that decision will be overturned and proceedings reinstituted, where possible. All decision making is taken in accordance with the Code for Crown Prosecutors. Following a review under the VRR scheme, if a victim remains dissatisfied with the decision and wishes to challenge it further, they can apply to the High Court for a judicial review.