Attorney General written question – answered at on 19 February 2015.
Lord Blencathra
Conservative
To ask Her Majesty’s Government what scrutiny the Crown Prosecution Service makes of any evidence presented to them by the League Against Cruel Sports alleging breaches of the Hunting Act 2004 before deciding to prosecute.
Lord Wallace of Tankerness
Lords Spokesperson (Attorney General's Office), The Advocate-General for Scotland, Deputy Leader of the House of Lords, Lords Spokesperson (Scotland Office), Liberal Democrat Leader in the House of Lords
The Crown Prosecution Service (CPS) prosecutes following an investigation and referral of a case by the police. If the police charge an offence under the Hunting Act 2004 without a request for advice, a crown prosecutor reviews the case following charge. Each case will be reviewed in accordance with the Full Code Test set out in the Code for Crown Prosecutors. Where the evidential and public interest stages of the Full Code Test are met, then the CPS will robustly prosecute.
The prosecutor must consider whether each piece of evidence is admissible, reliable and credible – this would include being satisfied that it was lawfully obtained. Evidence provided by the League against Cruel Sports would be looked at in the same way as any other evidence.
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The Attorney General, assisted by the Solicitor General, is the chief legal adviser to the Government. The Attorney General also has certain public interest functions, for example, in taking action to protect charities.
The Attorney General has overall responsibility for The Treasury Solicitor's Department, superintends the Director of Public Prosecutions as head of the Crown Prosecution Service (CPS), the Director of the Serious Fraud Office (SFO) and the Director of Public Prosecutions in Northern Ireland. The Law Officers answer for these Departments in Parliament.
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see also, http://www.lslo.gov.uk/