§ Mr. AncramTo ask the Solicitor-General whether(a) she and (b) the Attorney General had discussions with the Director of Public Prosecutions about the case of Katharine Gun before the Crown Prosecution Service decided not to offer any evidence against her. [157846]
§ The Solicitor-GeneralI have not discussed the case of Katharine Gun with the Director of Public Prosecutions.
For certain offences, including those under the Official Secrets Act, the Attorney General's consent is required by statute before a prosecution can go ahead. The Director of Public Prosecutions discussed the case with the Attorney General before the CPS took the decision to offer no evidence against Katharine Gun on evidential grounds.
§ Mr. CashTo ask the Solicitor-General for what reasons the Attorney General did not issue a nolle prosequi in the case of Katharine Gun. [158132]
§ The Solicitor-GeneralUnder the Code for Crown Prosecutors, it is for the prosecution to keep under review the prospects of a conviction as the case progresses. Counsel In this case did so and the CPS decided not to proceed with the case, on the advice of counsel and after consultation with the Attorney General, because the evidence was such that there was no longer a realistic prospect of conviction.
A nolle prosequi would not normally be entered where the reason not to proceed with the case is, as here, an evidential deficiency.