§ Mr. BoatengTo ask the Attorney-General (1) what procedures exist for an individual to present a petition or application for permission to prosecute under sections 134 and 135 of the Criminal Justice Act 1988 to him for his consideration;
(2) what procedures exist for obtaining his consent to prosecutions under sections 134 and 135 of the Criminal Justice Act 1988 concerning the prosecution of those accused of torture present in the United Kingdom;
(3) how many times he has consented to prosecutions being brought under sections 134 and 135 of the Criminal Justice Act 1988 since its enactment;
(4) on what criteria he bases his decision to grant or withhold consent to prosecutions under sections 134 and 135 of the Criminal Justice Act 1988.
§ The Attorney-GeneralThe criteria applicable to applications for my consent to proposed prosecutions under sections 134 and 135 of the Criminal Justice Act 1988 are the same as for any other criminal offence. First, there must be sufficient admissible and reliable evidence to afford a realistic prospect of conviction; secondly, the circumstances must be such that it would be in the public interest for there to be a prosecution.
The prospective prosecutor must submit to my office evidence in proper form to satisfy the evidential test described above together with sufficient background information to satisfy me that a prosecution would be in the public interest. This procedure applies to prosecuting authorities—likely to be the Crown Prosecution Service —as well as to individuals.
No proceedings have been authorised under section 134 and 135 of the Criminal Justice Act 1988 since its enactment.