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Domestic Abuse: Prosecutions

Attorney General written question – answered at on 20 July 2021.

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Photo of The Bishop of Gloucester The Bishop of Gloucester Bishop

To ask Her Majesty's Government what assessment they have made of the need for improvements in the implementation of the public interest test in decisions about whether to prosecute in cases involving a suspect who may also be a survivor of domestic abuse.

Photo of Lord Stewart of Dirleton Lord Stewart of Dirleton The Advocate-General for Scotland

All decisions to prosecute are made in accordance with the Code for Crown Prosecutors, and a case must meet the evidential and public interest stages of the Full Code Test.

We recognise that suspects may also be victims of domestic abuse. Accordingly, the Code acknowledges that suspects may have a lower level of culpability if they are compelled, coerced, or are victims of crime. The sixth edition of Charging (The Director's Guidance) published in December 2020 reinforces that in such circumstances it may be appropriate to offer an of court disposal or not to proceed with a case.

The CPS also has bespoke guidance illustrating how bespoke conditional cautions can support offenders in appropriate cases.

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  • (Citation: HL Deb, 20 July 2021, cW)

Attorney General

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.

The Attorney General and the Solicitor General also deal with questions of law arising on Government Bills and with issues of legal policy. They are concerned with all major international and domestic litigation involving the Government and questions of European Community and International Law as they may affect Her Majesty's Government.

see also, http://www.lslo.gov.uk/