§ 24. Dr. Evan HarrisTo ask the Solicitor-General what guidelines she has issued to the Crown Prosecution Service on the question of deciding what constitutes(a) prima facie evidence warranting and (b) a public interest supporting consideration of a prosecution for inciting racial hatred. [147846]
§ The Solicitor-GeneralThe Code for Crown Prosecutors requires, as the hon. Member's question reflects, that in every case the prosecutor considers:(a) whether there is enough evidence to make it more likely than not that there will be a conviction and; (b) that the public interest supports a prosecution. There is a presumption under the code that it is in the public interest to prosecute racially aggravated offences in any case where there is a racial motivation against the victim.
§ Norman BakerTo ask the Solicitor-General what criteria are applied to decisions on whether prosecutions for alleged racial hatred are in the public interest. [147849]
§ The Solicitor-GeneralThe Crown Prosecution Service reviews all allegations of inciting racial hatred in accordance with the Code for Crown Prosecutors.
All cases are considered individually on their own merits, but must meet both tests set out in the Code namely the evidential and public interest tests. When considering the public interest of such prosecutions, the Code for Crown Prosecutors specifically states that
"a prosecution is likely to be needed if the offence was motivated by any form of discrimination against the victim's ethnic or national origin".All such cases are dealt with by Casework Directorate at CPS Headquarters where a team of specialist prosecutors reviews them. The consent of the Attorney-General must be obtained before any such prosecution can take place.