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New clause 1 debated and withdrawn. New clause 2, discussed with new clauses 6, 23 and 25 debated and withdrawn. Objection taken. New clause 2 negatived on division (6 votes to 9). New clause 3, discussed with new clauses 4, 5, 13, 17, 22, 32, and 33, under consideration when the Committee adjourned.
New clause 1 debated and withdrawn. New clause 2, discussed with new clauses 6, 23 and 25 debated and withdrawn. Objection taken. New clause 2 negatived on division (6 votes to 9). New clause 3, discussed with new clauses 4, 5, 13, 17, 22, 32, and 33, under consideration when...
To ask the Secretary of State for Justice, how many early guilty pleas were made in each of the last five years.
To ask the Secretary of State for Justice, how many early guilty pleas were made in each of the last five years.
Early guilty pleas are defined as guilty pleas entered prior to trial. This data is published on a quarterly basis on the Criminal Justice System Delivery Data Dashboard and can be assessed here: Charge to case completion at court - CJS Dashboard (justice.gov.uk).
See below for the annual data for early guilty pleas from the last 5 years:
- 26,611 early guilty pleas made in 2019.
- 23,179 early guilty pleas made in 2020.
- 25,505 early guilty pleas made in 2021.
- 22,601 early guilty pleas made in 2022.
- 12,639 early guilty pleas made in January – June 2023.
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, what recent assessment he has made of the effect on the rights of UK citizens facing trial in US courts of the application of the US plea-bargaining process.
To ask the Secretary of State for Foreign, Commonwealth and Development Affairs, what recent assessment he has made of the effect on the rights of UK citizens facing trial in US courts of the application of the US plea-bargaining process.
The US plea-bargaining process is a domestic policy issue for the US authorities. The assistance we can, and cannot, provide to British nationals abroad is set out in the publication 'Support for British nationals abroad: A Guide' on GOV.UK (https://www.gov.uk/government/publications/support-for-britishnationals-abroad-a-guide).
To ask Her Majesty's Government how many of those extradited under the UK–US extradition treaty of 2003 entered a plea bargain in the US judicial system.
To ask Her Majesty's Government how many of those extradited under the UK–US extradition treaty of 2003 entered a plea bargain in the US judicial system.
The Extradition Treaty between the UK and the US came into force on 26 April 2007. Since that date 133 people have been extradited to the US. Of those, nine were extradited for terrorism offences and 57 were extradited for finance-related charges, including wire fraud. The following offences have been included in this broad category of criminality:
- Wire Fraud
- Bribery
- Fraud
- Conspiracy to Defraud
- Tax Evasion / Offences
- Securities Fraud
- Money Laundering
- Computer Fraud
- Mail fraud
Information on plea bargaining is not centrally recorded by the Home Office.
All figures are from local management information and have not been quality assured to the level of published National Statistics. As such they should be treated as provisional and therefore subject to change. The figures do not include Scotland, which deals with its own extradition cases.
To ask the Attorney General, what proportion of prosecutions for child sexual abuse involved the CPS accepting a defendant's guilty plea to lesser charges in 2017.
To ask the Attorney General, what proportion of prosecutions for child sexual abuse involved the CPS accepting a defendant's guilty plea to lesser charges in 2017.
The Crown Prosecution Service (CPS) does not maintain a central record of the number of guilty pleas received and accepted to lesser charges in all cases, including defendants prosecuted for the offences created by sections (a) 5 to 9, (b) 16 and (c) 25 of the Sexual Offences Act 2003. This information could only be obtained by examining CPS case files, which would incur disproportionate cost
However, data is available for the number of defendants whose prosecution was completed, where the case has been flagged as child abuse, and where the principal offence at finalisation is categorised as a sexual offence.
The CPS definition of child abuse covers any case where the victim was under 18 years of age at the time of the offence and allegations or crimes perpetrated by both adults and under 18s.
During each of the last three years, the number of defendants entering a guilty plea, in cases flagged as child abuse and whose principal offence was identified as a sexual offence, is as follows:
| 2015-2016 | 2016-2017 | 2017-2018 |
Guilty Pleas | 3,578 | 4,127 | 3,689 |
% Guilty Pleas | 57.6% | 57.5% | 57.8% |
Total Prosecuted | 6,217 | 7,181 | 6,378 |
It is not possible to disaggregate figures to show separately the volume and outcome of proceedings for individual offences within the Sexual Offences Category. A single defendant may be charged with more than one offence.
To ask the Attorney General, in how many cases prosecuted under sections (a) 5 to 9, (b) 16 and (c) 25 of the Sexual Offences Act 2003 the CPS accepted a defendant's guilty plea to lesser charges in 2017.
To ask the Attorney General, in how many cases prosecuted under sections (a) 5 to 9, (b) 16 and (c) 25 of the Sexual Offences Act 2003 the CPS accepted a defendant's guilty plea to lesser charges in 2017.
The Crown Prosecution Service (CPS) does not maintain a central record of the number of guilty pleas received and accepted to lesser charges in all cases, including defendants prosecuted for the offences created by sections (a) 5 to 9, (b) 16 and (c) 25 of the Sexual Offences Act 2003. This information could only be obtained by examining CPS case files, which would incur disproportionate cost
However, data is available for the number of defendants whose prosecution was completed, where the case has been flagged as child abuse, and where the principal offence at finalisation is categorised as a sexual offence.
The CPS definition of child abuse covers any case where the victim was under 18 years of age at the time of the offence and allegations or crimes perpetrated by both adults and under 18s.
During each of the last three years, the number of defendants entering a guilty plea, in cases flagged as child abuse and whose principal offence was identified as a sexual offence, is as follows:
| 2015-2016 | 2016-2017 | 2017-2018 |
Guilty Pleas | 3,578 | 4,127 | 3,689 |
% Guilty Pleas | 57.6% | 57.5% | 57.8% |
Total Prosecuted | 6,217 | 7,181 | 6,378 |
It is not possible to disaggregate figures to show separately the volume and outcome of proceedings for individual offences within the Sexual Offences Category. A single defendant may be charged with more than one offence.
To ask the Attorney General, what proportion of prosecutions for child sexual abuse involved a defendant who accepted charges prior to trial due to a plea bargain initiated by the CPS in 2017.
To ask the Attorney General, what proportion of prosecutions for child sexual abuse involved a defendant who accepted charges prior to trial due to a plea bargain initiated by the CPS in 2017.
Prosecutors do not offer “plea bargains” to defendants and therefore no statistics are recorded. The general principles to be followed by prosecutors in considering accepting pleas offered by the defence to alternative or fewer offences are set out in the Code for Crown Prosecutors 2018 and the Attorney General’s Guidelines on the Acceptance of Pleas 2012. Prosecutors should only accept the defendant’s plea if they think the court is able to pass a sentence that matches the seriousness of the offending.
To ask the Attorney General, how many plea bargains were (a) offered to and (b) accepted by defendants prosecuted under sections 5-9, section 16 and section 25 of the Sexual Offences Act 2003 in 2017.
To ask the Attorney General, how many plea bargains were (a) offered to and (b) accepted by defendants prosecuted under sections 5-9, section 16 and section 25 of the Sexual Offences Act 2003 in 2017.
Prosecutors do not offer “plea bargains” to defendants and therefore no statistics are recorded. The general principles to be followed by prosecutors in considering accepting pleas offered by the defence to alternative or fewer offences are set out in the Code for Crown Prosecutors 2018 and the Attorney General’s Guidelines on the Acceptance of Pleas 2012. Prosecutors should only accept the defendant’s plea if they think the court is able to pass a sentence that matches the seriousness of the offending.
Offenders who plead guilty in court will usually receive a reduced sentence compared to that they would have received had they been convicted following a not guilty plea. The maximum discount is currently one third. This note describes the rationale for reduced sentences for those who plead guilty.
Offenders who plead guilty in court will usually receive a reduced sentence compared to that they would have received had they been convicted following a not guilty plea. The maximum discount is currently one third. This note describes the rationale for reduced sentences for those who plead guilty.
To ask the Attorney General, what information his Department holds on the number of plea bargains offered to defendants in England since 2010.
To ask the Attorney General, what information his Department holds on the number of plea bargains offered to defendants in England since 2010.
All decisions by the prosecution are made in accordance with the Code for Crown Prosecutors which sets out a Full Code Test that applies at all stages of any prosecution.
In addition to the principles set out in the Code, a prosecutor considering a plea offered by the defence will have regard to the Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise [2009] and the Attorney General’s Guidelines on Plea Discussions in cases of serious or complex fraud (where appropriate).
The Full Code Test states that a prosecution will only proceed if the prosecutor finds sufficient evidence for a realistic prospect of conviction and that a prosecution is in the public interest. As such a prosecutor will assess the acceptability of a plea to determine whether it accords with the broad extent of the criminality that met the evidential stage of the Full Code test.
If this stage is met the prosecutor will further consider whether it is in the public interest to accept the plea. In addition the prosecutor will ensure that the basis of a guilty plea is not based on a misleading or untrue set of facts and that proper account is taken of the victim's interests prior to any plea being accepted. The Code is clear that prosecutors should only accept such pleas if the court is able to pass a sentence that matches the seriousness of the offending.
Neither the Crown Prosecution Service nor the Serious Fraud Office maintain a central record of cases involving the acceptance of a guilty plea to some or alternative charges, or whether they were accepted on a particular basis. This information could only be obtained by examining CPS or SFO case files, which would incur disproportionate cost.
Lords motion to take note of the report of the Extradition Law Committee on Extradition: UK Law and Practice. (HL 126). Agreed to on question.
Lords motion to take note of the report of the Extradition Law Committee on Extradition: UK Law and Practice. (HL 126). Agreed to on question.
My Lords, I am pleased to be here to speak for the Government on the matter of extradition, a matter that I know the House has taken a close interest in over recent years. I will seek to reply to all the points made during what has been an illuminating...
My Lords, I am pleased to be here to speak for the Government on the matter of extradition, a matter that I know the House has taken a close interest in over recent years. I will seek to reply to all the points made during what has been an illuminating...
I understand that we are working with other EU states and the Commission on this matter. One of the aims is to ensure that appropriate consideration is given to other instruments, but there is no clear idea of when that work will be concluded.
I have been given a two-minute warning,...
I understand that we are working with other EU states and the Commission on this matter. One of the aims is to ensure that appropriate consideration is given to other instruments, but there is no clear idea of when that work will be concluded.
I have been given a two-minute warning,...
I am aware that, according to the statistics over the past five years, a very large proportion of European arrest warrant requests—in excess of 30%—did emanate from Poland. I will write to the noble Lord with updated figures, as I do not have them to hand at present.
5.34 pm
I am aware that, according to the statistics over the past five years, a very large proportion of European arrest warrant requests—in excess of 30%—did emanate from Poland. I will write to the noble Lord with updated figures, as I do not have them to hand at present.
5.34 pm
My Lords, extradition—the sending of those accused or convicted of crimes across borders to stand trial or serve sentence in another country—is a contentious, albeit often misunderstood topic which on occasion engenders strong comment on account of the apparent poignancy of the facts and circumstances in a particular case.
In a...
My Lords, extradition—the sending of those accused or convicted of crimes across borders to stand trial or serve sentence in another country—is a contentious, albeit often misunderstood topic which on occasion engenders strong comment on account of the apparent poignancy of the facts and circumstances in a particular case.
In a...
My Lords, I had the good fortune to be a member of the Select Committee on Extradition Law, under the extremely
able chairmanship of the noble Lord, Lord Inglewood, and with the fine assistance of the clerk and the legal team, who gave us advice and directed our attention to...
My Lords, I had the good fortune to be a member of the Select Committee on Extradition Law, under the extremely
able chairmanship of the noble Lord, Lord Inglewood, and with the fine assistance of the clerk and the legal team, who gave us advice and directed our attention to...
My Lords, I thank my noble friend Lord Inglewood for his masterly chairmanship of the ad hoc Select Committee on Extradition Law, on which I have been privileged to serve. I also take this opportunity to thank the clerks and advisers for their patient answers to the many questions I...
My Lords, I thank my noble friend Lord Inglewood for his masterly chairmanship of the ad hoc Select Committee on Extradition Law, on which I have been privileged to serve. I also take this opportunity to thank the clerks and advisers for their patient answers to the many questions I...
My Lords, it is good to follow the noble Baroness, who is in fine form. I very much agree with what our Chairman, the noble Lord, Lord Inglewood, has said in his shrewd summation, so my remarks will be brief. I quote from an early page in the report:
“The suggestion...
My Lords, it is good to follow the noble Baroness, who is in fine form. I very much agree with what our Chairman, the noble Lord, Lord Inglewood, has said in his shrewd summation, so my remarks will be brief. I quote from an early page in the report:
“The suggestion...
Like others, I start by paying tribute to the noble Lord, Lord Inglewood, for chairing our committee with such assiduity, sagacity and unfailing good humour, and to our wonderful clerk, James Whittle, and those who assisted him, not least our legal adviser Charlotte Powell. They all played essential roles in...
Like others, I start by paying tribute to the noble Lord, Lord Inglewood, for chairing our committee with such assiduity, sagacity and unfailing good humour, and to our wonderful clerk, James Whittle, and those who assisted him, not least our legal adviser Charlotte Powell. They all played essential roles in...