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Written Answers to Questions

Monday 28 November 2005

WALES

Olympic Games

Mr. Hollobone: To ask the Secretary of State for Wales if he will make a statement on the discussions he has had with his colleagues in Cabinet and with the Welsh Assembly Government regarding the promotion of the 2012 Olympics in Wales. [31917]

Mr. Hain: I have had many useful discussions regarding the 2012 Olympic and Paralympic Games.

The Welsh Assembly Government has expressed its full support for the Games. The Nations and Regions Group of London 2012 will work to ensure that the benefits of London's successful bid are spread to all parts of the United Kingdom.

Cardiff hosted a highly productive meeting of the UK Sports Cabinet on 2 November, which was attended by Lord Coe.

SOLICITOR-GENERAL

Aborted Prosecutions

Miss McIntosh: To ask the Solicitor-General how many prosecutions have failed owing to the failure of witnesses to reach court in each of the last five years. [31617]

The Solicitor-General: The figures for the year from April 2004 to March 2005 are as follows: 4,945 cases failed because the victim unexpectedly failed to attend court, equivalent to 2.1 per cent. of failed cases; 1,935 failed because of the unexpected failure of other witnesses to attend, equivalent to 0.8 per cent. of failed cases; and 1,593 cases failed because of the unexpected failure of police witnesses to attend court, equivalent to 0.7 per cent. of failed cases.

No comparable information is held for earlier periods.
Reasons for unsuccessful outcomes: 2004–05

Percentage
Administrative finalisations(1)51,58921.6
Evidential reasons
E10 Key witness does not support case1,7860.7
Ell Unreliable/lack of identification7,9753.3
El Inadmissible evidence—breach of PACE3990.2
E2 Inadmissible evidence—other than breach of PACE1,2010.5
E3 Unreliable confession1940.1
E4 Conflict of evidence8,4163.5
E5 Essential medical evidence missing5100.2
E6 Essential forensic evidence missing1,5150.6
E7 Essential legal element missing35,25114.8
E8 Unreliable witness or witnesses5,1832.2
E9 Key victim does not support case5,2292.2
Public interest reasons
P12 Effect on victim's physical or mental health5340.2
PI 3 Defendant elderly or in significant ill health1,4040.6
P14 Loss or harm minor and single incident6120.3
PI5 Loss or harm put right1,1770.5
PI6 Long delay between offence/charge or trial2,8751.2
PI7 Very small or nominal penalty2,9061.2
PI8 Other indictment/sentence8,9663.8
PI9 Informer or other public interest immunity issues1,7760.7
P20 Caution more suitable5,2092.2
P21 Youth of offender1640.1
Prosecution unable to proceed
U22 File not received from police—adjournment refused
2,055
0.9
U23 CPS not ready—adjournment refused1,8860.8
U24 Offence taken into consideration5610.2
U25 Victim refuses to give evidence or retracts10,4014.4
U26 Other witness refuses to give evidence or retracts1,3210.6
U27 Victim fails to attend unexpectedly4,9452.1
U28 Other civilian witness fails to attend unexpectedly1,9350.8
U29 Police witness fails to attend unexpectedly1,5930.7
U30 Victim intimidation290.0
U31 Other civilian witness intimidation330.0
U32 Documents produced at court9,3303.9
Other reasons
O33 Bind over acceptable16,4636.9
O34 Acquittal after trial17,4287.3
O35 Other25,53410.7
Total    238,385


(1)Where the defendant could not be traced, died, or was unfit to plead.



 
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Reasons for unsuccessful outcomes: 2005–06 to 21 November 2005

Percentage
Administrative finalisations(2)24,11418.4
Evidential reasons
E10 Key witness does not support case1,1850.9
Ell Unreliable/lack of identification4,5923.5
El Inadmissible evidence—breach of PACE2070.2
E2 Inadmissible evidence—other than breach of PACE5690.4
E3 Unreliable confession650.0
E4 Conflict of evidence5,3304.1
E5 Essential medical evidence missing2550.2
E6 Essential forensic evidence missing8530.7
E7 Essential legal element missing24,37818.6
E8 Unreliable witness or witnesses3,2192.5
E9 Key victim does not support case4,1603.2
Public interest reasons
P12 Effect on victim's physical or mental health3160.2
P13 Defendant elderly or in significant ill health9680.7
P14 Loss or harm minor and single incident4960.4
PI5 Loss or harm put right9070.7
P16 Long delay between offence/charge or trial1,5261.2
PI7 Very small or nominal penalty2,0291.5
PI8 Other indictment/sentence5,6034.3
PI9 Informer or other public interest immunity issues8920.7
P20 Caution more suitable3,5552.7
P21 Youth of offender1920.1
P36 Inappropriate to compel victim940.1
P37 Inappropriate to compel witness400.0
Prosecution unable to proceed
U22 File not received from police—adjournment refused
1,447
1.1
U23 CPS not ready—adjournment refused1,0140.8
U24 Offence taken into consideration2930.2
U25 Victim refuses to give evidence or retracts5,7634.4
U26 Other witness refuses to give evidence or retracts7080.5
U27 Victim fails to attend unexpectedly3,0962.4
U28 Other civilian witness fails to attend unexpectedly1,2020.9
U29 Police witness fails to attend unexpectedly9560.7
U30 Victim intimidation90.0
U31 Other civilian witness intimidation130.0
U32 Documents produced at court4,6803.6
Other reasons
O33 Bind over acceptable8,3746.4
O34 Acquittal after trial12,4419.5
035 Other5,6564.3
Total    131,197


(2)Where the defendant could not be traced, died, or was unfit to plead



 
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Mr. Bone: To ask the Solicitor-General how many and what percentage of prosecutions were aborted in (a) England and (b) Northamptonshire in 2004–05. [31440]

The Solicitor-General: In 2004–05, 202,370 prosecutions resulting in an early termination in England, amounted to 17.3 per cent. of all completed prosecutions. This compared with a figure of 1,789 for CPS Northamptonshire, or 12.6 per cent. of all prosecutions completed in the Area.

Carbon Management Programme

Norman Lamb: To ask the Solicitor-General whether his Department will sign up to the Carbon Trust's Carbon Management programme. [23731]

The Solicitor-General: I am answering this question on behalf of the Departments for which I am ministerially accountable—the Crown Prosecution Service (CPS), Treasury Solicitors Department (TSol), Serious Fraud Office (SFO), Revenue and Customs Prosecutions Office (RCPO) and HMCPS Inspectorate (HMCPSI).

All my Departments work together to share best practice in relation to sustainable development. None has immediate plans to adopt the Carbon Trust's scheme in its own right, although the CPS, which already uses renewable energy (climate levy exempt) on a large part of its controlled estate" will be using the Carbon Trust to carry out energy surveys in their offices with a view to identifying further ways of reducing energy use.

TSol occupies 80 per cent. of a single building for which the landlord provides mechanical and electrical services. The landlord is using cleaner energy, which contributes to reducing carbon emissions. Although the landlord does not currently intend to sign up to the Carbon Management programme, to a great extent they believe that they have already undertaken the five steps required.

Dr. Ann David

Andrew Mackinlay: To ask the Solicitor-General if the Crown Prosecution Service will revisit the papers relating to the conduct of Dr. Ann David, following the completion of her disciplinary case before the General Medical Council, in relation to deaths of patients at Basildon hospital for whom she had responsibility. [31637]

The Solicitor-General: Yes. Essex police have delivered a comprehensive file relating to Dr. Ann David to the Crown Prosecution Service in Essex. A
 
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senior and experienced casework lawyer will review all the available evidence in accordance with the Code for Crown Prosecutors. Advice will be provided to the police as soon as practicable and commensurate with the complexity and sensitivity of the case.


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