Results 101–120 of 440 for speaker:Mr Derek Spencer

Mrs. Donna Tutton (2 May 1995)

Mr Derek Spencer: It was found only last week; I imagine that it was found after the hon. Gentleman's request. I am smiling because I have, I hope, an appreciation of a sense of theatre. This is the answer to the long search that the hon. Gentleman has made for the truth. As I said, the copy is not complete, but it contains sufficient information for me to be able to provide now such detail as I have about...

Mrs. Donna Tutton (2 May 1995)

Mr Derek Spencer: The truth is that more than one copy is retained. The police have their version, and the CPS has its version. The destruction procedures I have outlined relate to the copy kept by the CPS.

Mrs. Donna Tutton (2 May 1995)

Mr Derek Spencer: I have explained to the hon. Gentleman what the position is. I thought that I had made it crystal clear. To complete the story, the hon. Gentleman wrote to the DPP on 1 November and on 7 December last year, although the enclosures to the second letter were not sent until 31 January. She replied on 24 November and 9 February, explaining that, as far as could be established at that time, the...

Oral Answers to Questions — Attorney-General: Crown Prosecution Service (20 Mar 1995)

Mr Derek Spencer: It is the policy of the Crown Prosecution Service to prosecute all offences where the evidence provides a realistic prospect of conviction and it is in the public interest to do so.

Oral Answers to Questions — Attorney-General: Crown Prosecution Service (20 Mar 1995)

Mr Derek Spencer: The hon. Gentleman has been misinformed about the ircumstances surrounding Mr. Green's case. At first instance, Mr. Green had a certificate for two counsel under the legal aid provisions. He could have had a Queen's counsel and a junior, or two juniors; he chose two juniors. When he appealed to the Court of Appeal, the court granted him a certificate for junior counsel. If junior counsel sees...

Oral Answers to Questions — Attorney-General: Crown Prosecution Service (20 Mar 1995)

Mr Derek Spencer: The matter is being considered at the moment by the Lord Chancellor's advisory committee, chaired by Lord Steyn, who will in due course make the committee's recommendation. That recommendation will then be considered by the designated judges. That machinery has been set up by the House under the Courts and Legal Services Act 1990.

Oral Answers to Questions — Attorney-General: Crown Prosecution Service (20 Mar 1995)

Mr Derek Spencer: I read the Law Commission report with great interest having had reason to deal with the Offences Against the Person Act 1861 on many occasions over the years. It is a matter for obvious comment that the language in which it is couched is not the language that people use nowadays. I am sure that my right hon. and learned Friend the Home Secretary will also read that report with great interest...

Oral Answers to Questions — Attorney-General: Criminal Law Enforcement (20 Mar 1995)

Mr Derek Spencer: In discharging our responsibilities for the enforcement of the criminal law in specific cases the Attorney-General and myself act wholly independent of Government.

Oral Answers to Questions — Attorney-General: Criminal Law Enforcement (20 Mar 1995)

Mr Derek Spencer: That view is totally misconceived. The Serious Fraud Office deals with a number of cases—approximately 50 at any one time—that formerly were not prosecuted. Very recently, increased power to refer unduly lenient sentences to the Court of Appeal was assigned to my right hon. and learned Friend, so that he can now refer unduly lenient sentences in cases of serious and complex fraud.

Oral Answers to Questions — Attorney-General: Leon Patterson (27 Feb 1995)

Mr Derek Spencer: The Attorney-General received a report on the death of Leon Patterson from the Director of Public Prosecutions. Following an investigation by Greater Manchester police, the headquarters of the Crown Prosecution Service carefully considered all the facts and decided that the evidence did not provide a realistic prospect of convicting any person of any criminal offence against the deceased.

Oral Answers to Questions — Attorney-General: Leon Patterson (27 Feb 1995)

Mr Derek Spencer: The hon. Gentleman omitted a very important statement of fact from his recitation. The coroner's verdict of unlawful killing was quashed by the High Court on 25 October 1994. The divisional court ordered a re-hearing, and all these matters, which have given rise to understandable anguish among the family and the community, can be ventilated at that coroner's inquest. The hon. Gentleman may...

Oral Answers to Questions — Attorney-General: Lenient Sentencing (27 Feb 1995)

Mr Derek Spencer: As the Attorney-General's power of review has become more widely recognised, the number of sentences that he has been asked to consider has increased.

Oral Answers to Questions — Attorney-General: Lenient Sentencing (27 Feb 1995)

Mr Derek Spencer: I can indeed confirm that. In the past 12 months or so we have referred about 12 cases arising out of deaths on the road. The Lord Chief Justice has taken the opportunity in those cases not only to increase the sentence but to update the guidelines in Boswell to take account of the decision taken in the House to increase the maximum sentence from five years to 10 years. As a result of these...

Orders of the Day — Mrs. Margaret Morrison (15 Feb 1995)

Mr Derek Spencer: I congratulate the hon. Member for Sunderland, South (Mr. Mullin) on raising an important topic. Let me say at once that I share his feelings of sorrow and sympathy over the tragic circumstances of Mrs. Morrison's death, and share the grief of her family. Such cases, however, must be dealt with not on the basis of sorrow or grief, but according to the law of the land. The hon. Gentleman has a...

Orders of the Day — Mrs. Margaret Morrison (15 Feb 1995)

Mr Derek Spencer: I follow the thrust of the hon. Gentleman's argument. I shall come to the evidence in a moment, but I want to set it in the proper background. Although the hon. Gentleman may be aware of how we approach these things, many people are not. For example, it would be wrong to say that, just because someone has been killed by a driver on the road, the appropriate charge is causing death by...

Orders of the Day — Mrs. Margaret Morrison (15 Feb 1995)

Mr Derek Spencer: I accept that, but I have a much wider point to make than the narrow one raised by the hon. Gentleman. Let me try to give him some satisfaction in applying those principles to driving cases in general, and to this case in particular. When a driver, as a result of his driving, causes someone's death on the road, three possible charges can be preferred, as the hon. Gentleman has said. The first...

Orders of the Day — Mrs. Margaret Morrison (15 Feb 1995)

Mr Derek Spencer: I shall give way in a moment but I want to follow the thread of the argument. The Crown Prosecution Service was set up in 1986. The fact that it is sometimes gratuitously attacked by critics who do not know the full facts is rather disappointing. It is sometimes attacked for no good reason at all. We must remember that the CPS comprises 2,200 professionally qualified lawyers who are striving...

Orders of the Day — Mrs. Margaret Morrison (15 Feb 1995)

Mr Derek Spencer: The facts of the case are substantially as given by the hon. Gentleman, but as the passenger—the deceased—got out, she was overtaken by the driver of a Vauxhall, which was immediately behind, and the driver moved over, exposing her to the path of the defendant. Until then, Dorward's view of the pedestrian had been obscured by the Vauxhall. He later admitted that he had been talking with...

Oral Answers to Questions — Attorney-General: Asil Nadir (16 Jan 1995)

Mr Derek Spencer: A warrant has been issued for the arrest of Asil Nadir. The Crown is ready to proceed when he returns or is returned to the jurisdiction.

Oral Answers to Questions — Attorney-General: Asil Nadir (16 Jan 1995)

Mr Derek Spencer: The hon. Lady cannot have been present in the Chamber when I dealt with that question on previous occasions. We are anxious that Asil Nadir should return to this country at the earliest opportunity to stand trial, and we have encouraged him to do so. The matter of donations to party funds was considered by the Department of Trade and Industry and then by the Serious Fraud Office. The decision...


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