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Written Question
Ministers: Law Officers
Thursday 7th November 2024

Asked by: James Wild (Conservative - North West Norfolk)

Question to the Attorney General:

To ask the Solicitor General, with reference to paragraph 7.16 of the Ministerial Code, how many ministers have consulted the law officers on legal proceedings in a personal capacity since 4 July 2024.

Answered by Sarah Sackman - Solicitor General (Attorney General's Office)

Paragraph 7.16 of the Ministerial Code (3.17 of the Ministerial Code updated on 6 November 2024) obliges Ministers involved in legal proceedings in a personal capacity to consult the Law Officers in good time and before legal proceedings are initiated.

The Law Officers do not disclose whether ministers have consulted them on legal proceedings in a personal capacity.

This is due to the long-standing convention, observed by successive Governments, that the fact of, and substance of advice from, the Law Officers of the Crown is not disclosed outside government. The purpose of this convention is to enable the Government to obtain frank and full legal advice in confidence. This is set out in paragraph 21.27 of Erskine May, is known as the Law Officers’ Convention, and it applies to your question.


Written Question
Sentencing
Wednesday 13th September 2023

Asked by: James Wild (Conservative - North West Norfolk)

Question to the Attorney General:

To ask the Attorney General, with reference to her Department's transparency data on Outcome of unduly lenient sentence referrals updated on 5 September 2023, for what reason ULS reference 461 2023 is listed as application withdrawn.

Answered by Michael Tomlinson

Under the ULS scheme, the Law Officers may apply to the Court of Appeal to refer to it a sentence which appears unduly lenient. The decision to make such an application is kept under continual review.

Where an application to the Court has been made and further information changes their analysis as to whether the sentence should be referred, the application is withdrawn.


Written Question
Crown Court: Trials
Tuesday 15th March 2022

Asked by: James Wild (Conservative - North West Norfolk)

Question to the Attorney General:

To ask the Attorney General, how many cases at Crown Courts have been discontinued in the last 12 months as a result of the lack of a prosecuting barrister.

Answered by Alex Chalk

The Crown Prosecution Service (CPS) does not maintain a central record of the number of cases dropped/discontinued at the Crown Court due to the lack of a prosecuting barrister. This information could only be obtained by an examination of CPS case files, which would incur disproportionate cost.