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Prosecution: Northern Ireland

Volume 702: debated on Thursday 19 June 2008

asked Her Majesty's Government:

What is the target for the length of time between case papers being received by the Northern Ireland Public Prosecution Service from the police and a decision being made on prosecution; whether this target differs for different types of case; and whether it is being met. [HL4001]

In order to reduce avoidable delay in the criminal justice system in Northern Ireland, Ministers have required the Criminal Justice Board to develop performance standards to be achieved by 31 March 2011. These were announced in June 2007 and comprise three of the five KPI targets contained in the Government's Justice for All Public Service Agreement. These standards commenced in April 2008 but a shadow trial was carried out for the year 2007-08. The achievement of targets is kept under close supervision by the Criminal Justice Board and Ministers. The figures given refer only to the Public Prosecution Service and are provisional. The periods allowed by the standards reduce over the next three years and will be kept under review to ensure that they continue to challenge the agencies further to improve performance. The desired standard for 2011 is also shown. The figures shown are in days.

Crown Court: Charge Cases

Stage

“Shadow” CJSNI Standard 2007-08

Achieved

2010-11 Desired Standard

Data file received by PPS to date PPS decision issued

116

104

88

Rates' Courts: Charge Cases—Adult Defendants

Stage

“Shadow” CJSNI Standard

Achieved

2010-11 Desired Standard

Data file received by PPS to date PPS decision issued

32

21

26

Youth Courts: Charge Cases—Youth Defendants

Stage

“Shadow” CJSNI Standard

Achieved

2010-11 Desired Standard

Data file received by PPS to date PPS decision issued

31

26

20

Youth Courts: Summons Cases—Youth Defendants

Stage

“Shadow CJSNI” Standard 2007/08

Achieved

2010/11 Desired Standard

Data file received by PPS to date PPS decision issued

52

37

38

asked Her Majesty's Government:

On how many occasions the Attorney-General has intervened in prosecution cases in Northern Ireland in each of the last 10 years; in respect of which cases; whether they intend to remove that facility in the draft constitutional renewal Bill; and, if so, for what reasons. [HL4016]

Under the provisions of the Justice (Northern Ireland) Act 2002, the Director of Public Prosecutions for Northern Ireland discharges his functions under the superintendence of the Attorney-General for Northern Ireland and is subject to the directions of the Attorney-General. It is through the power of supervision that I am responsible to Parliament for the actions of the director and, through him, the Public Prosecution Service. It is in the nature of supervision that I am kept informed of difficult, complex or sensitive cases and of matters relating to the effective functioning of the service. The director may seek my advice on individual cases and I may offer advice but the decision to prosecute, or not to prosecute, remains the director's unless I direct, in which case the decision becomes mine. The power to direct a prosecution decision has never been used since the creation of the office of director in 1972.

In accordance with the 2002 Act, the power of supervision and direction over the director by the Attorney-General for Northern Ireland will lapse on the devolution of justice functions to the Assembly. There is no need, therefore, for it to be dealt with in the constitutional renewal Bill