Taking of Hostages Act 1982: Prosecutions

(asked on 25th January 2021) - View Source

Question to the Attorney General:

To ask the Attorney General, on what basis she makes an assessment of the applications for instituting proceedings for an offence under article 2 of the Taking of Hostages Act 1982; and whether her Department has published guidance for preparing such applications.


Answered by
Michael Ellis Portrait
Michael Ellis
This question was answered on 28th January 2021

The Law Officers do not institute proceedings under this legislation but must consent to any prosecution brought under it. The Crown Prosecution Service would ordinarily institute such proceedings.

The Law Officers apply the established principles of evidential sufficiency and public interest, which have their current expression in the Code for Crown Prosecutors, when considering an application for consent. We act quasi-judicially and independent of government. We do so in accordance with the Framework Agreement between the Law Officers and the Director of Public Prosecutions.

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