Domestic Violence Prosecutions
(Newport East) (Lab)
What steps he has taken to increase the number of prosecutions
relating to domestic violence.
(Luton South) (Lab)
What steps he has taken to increase the number of prosecutions
relating to domestic violence.
The Attorney General ()
The Crown Prosecution Service published an ambitious 12-month
domestic abuse programme in January, which aims to help to narrow
the disparity between reporting and criminal justice outcomes
through a focus of co-ordinated multi-agency action and
specialist support for victims. The CPS has also taken steps to
increase domestic abuse prosecutions at a local level. For
example, since the start of the pandemic, CPS Thames and Chiltern
has increased lines of communication with police forces to ensure
domestic abuse cases are appropriately prioritised.
The criminal justice system is facing unprecedented backlogs,
with survivors of domestic abuse and sexual assault forced to
wait more than a year for their day in court. The Queen’s Speech
was an opportunity for the Government to address these failings,
but it was an opportunity missed. Labour’s “Ending Violence
Against Women and Girls” green paper was announced this week and
is ready to go. Will the Attorney General support it?
The Attorney General
I thank the hon. Lady for her question, which focuses on an
extremely important issue of domestic abuse, which is one that I
and the entire Government feel strongly about. In fact, I am sure
everybody in this Chamber does. It is this Government who
introduced the Domestic Abuse Act 2021. In a recent case that I
conducted myself in the Court of Appeal, the offender’s sentence
for extremely violent domestic abuse was increased from nine
years to 15 years on my application. That is how seriously we
take domestic abuse, and that is how seriously it is taken in
terms of punishment and the crime. The point that the hon. Lady
makes is that we should prioritise domestic abuse in the criminal
justice system, and I can confirm that we do that. It is a very
high focus for this Government and for the criminal justice
system.
The “Evidence led domestic abuse prosecutions” report states that
“the domestic abuse caseload for both the CPS and the police has
increased by 88% against the backdrop of a 25% reduction in
police and CPS funding.”
Does the Attorney General think that the current level of
resourcing to tackle domestic abuse is sufficient?
The Attorney General
The hon. Lady is right to point to the case load. In fact, the
Crown Prosecution Service’s case load has increased considerably.
It is also right to point out that the conviction rate rose to
78.7% in quarter 3 of 2020-21, up from 77.4%. The Government have
recently announced, as I am sure she knows, several funding
packages specifically on domestic abuse, including funding to
deal with the effects of the covid-19 crisis as it relates to
domestic abuse. The decrease in the volume of overall
prosecutions due to the impact of covid-19 is a factor, but this
Government are funding this area and giving particular focus to
it.
(Lewisham West and Penge) (Lab)
The number of domestic abuse-related prosecutions fell by 22% in
the year ending March 2020, despite a 9% increase in recorded
crimes. When I asked the Secretary of State for Justice how many
specialist domestic violence courts have been in operation over
the past 10 years, he could not give me an answer. Will the
Attorney General commit to our proposals, set out in our “Ending
Violence Against Women and Girls” green paper, to introduce
properly funded specialist domestic violence courts across the
country?
The Attorney General
I thank the hon. Lady for her question, which is an astute one,
and she recognises, as we all do, the importance of this area. It
is of course this Government who have already put the Domestic
Abuse Act on the statute book, so we are ahead of her party in
prioritising this area, and that is a simple fact. The reality, I
have to say, is that the CPS’s domestic abuse best practice
framework seeks to address the withdrawal rates. She talks about
the number of prosecutions, and of course prosecutions have gone
down across the board because of the impact of the covid
pandemic. However, we want to deliver a high-quality service to
victims, and the work that is being done on the framework
encourages more timely court listings to get these cases on more
quickly and reduce victim attrition, which I know is something
the Ministry of Justice and the whole criminal justice system are
working very strongly on.
It is interesting that the right hon. and learned Gentleman says
his party is ahead when it is Labour that has set out a green
paper to tackle these issues head-on. What is even more worrying
is that domestic abuse prosecutions now seem to be going the same
way as rape prosecutions, which are at their lowest recorded
level, and new figures show that 44% of rape victims give up
before their trial even begins. Will the Attorney General adopt
our fully drafted survivors support plan for rape victims and
will he commit to backing Labour’s violence against women and
girls green paper, or will he continue to sit on his hands and
allow the continued systemic failing of the criminal justice
system for women and girls in England and Wales?
The Attorney General
I do not think it is accurate to refer to the criminal justice
system as failing women and girls. It is a high focus for the
criminal justice system, and there are a lot of people—thousands
of people—working very hard, day in and day out, in the courts,
the Crown Prosecution Service and police forces around this
country, with a very high priority to focus on this area. It is
this Government who have allocated another £76 million to support
victims of domestic abuse, sexual violence and modern slavery, as
well as vulnerable children. It is this Government who have put
the Domestic Abuse Act 2021 on the statute book. It is this
Government who are creating 20,000 more police officers, and who
have already funded the Crown Prosecution Service to over £85
million—closer to £100 million. It is this Government who
recognise that we have to do better. We have to do more, and I
accept that. There is always more that can be done, and in such
an important area, one can never sit back. We have received
180,000 responses, as I am sure the hon. Lady knows, following
the tragic case of Sarah Everard, to the consultation that the
Government set up, and we will be looking very closely at those
responses.
(Lanark and
Hamilton East) (SNP)
According to the Centre for Women’s Justice, one woman every week
for the last two years has reported domestic abuse by their
police officer spouse or partner, and every woman it spoke to
said that the police had failed to investigate their case. Given
the severity of these statistics, how confident is the Attorney
General that the correct processes are in place in the Crown
Prosecution Service to ensure that complaints involving the
police are investigated objectively?
The Attorney General
Of course, the issue of the police is a matter for the Home
Office, but I would say that I know the police are working very
hard to prioritise and focus on these domestic abuse cases, and
they do seek to achieve the very best possible results in all
circumstances. There are tried and tested mechanisms for making
complaints against the police, and clearly they are available to
anyone who feels that a complaint would be appropriate and
justified. We have worked very hard to produce the Domestic Abuse
Act, which covers a number of areas that, as we have already
rehearsed, will protect women and girls, and we will continue to
do so.
Crown Prosecution Service: Communication with Victims
(East Devon) (Con)
What steps the Crown Prosecution Service is taking to improve
communication with victims.
(Clwyd South) (Con)
What steps the Crown Prosecution Service is taking to improve
communication with victims.
The Solicitor General ()
How we communicate with victims is absolutely critical to the
delivery of justice. Having spoken to the Director of Public
Prosecutions and others at the CPS, I know that they are fully
committed to and understand the importance of clear and open
communications to victims, giving explanations about their cases.
That is why the CPS is carrying out a root and branch review to
assess how best to deliver on its commitments to victims.
[V]
I thank my right hon. and learned Friend for her response. What
steps is the CPS taking to ensure that, in cases where the victim
is known to have autism and other mental health conditions, they
receive priority communications so that their mental health is
not put under yet more pressure?
The Solicitor General
My hon. Friend raises an important question. In 2019, the CPS
published its revised guidance on prosecuting cases where the
defendant may have a mental health condition or disorder.
Furthermore, where the CPS is aware that a victim has autism or
mental health issues, it will consider writing in addition, or
instead, to a guardian or parent, to deal with that case. For
cases of rape or serious sexual offence, the CPS ensures that
either the police officer overseeing the case or the independent
sexual violence adviser is present to help explain to the victim
any decision taken by the CPS in relation to the case.
[V]
It is essential that victims receive justice for the crimes
committed against them. How is my right hon. and learned Friend
ensuring that victims in Clwyd South, and elsewhere in the UK,
are aware of their right to challenge unduly lenient sentences?
The Solicitor General
I am pleased that my hon. Friend has highlighted the importance
of the ULS scheme. The Attorney General’s office promotes that
scheme on social media, and we are working with the Ministry of
Justice to raise awareness of the scheme as part of the revised
victims code that came into force last month. For example, the
code now includes a requirement for the witness care unit to
inform victims of the scheme promptly when sentencing takes
place. That will help improve awareness of the scheme, including
for my hon. Friend’s constituents in Clwyd South.
(Bromley and Chislehurst) (Con) [V]
Would my right hon. and learned Friend agree that the draft
victims Bill provides an important opportunity to place the
victims code on a proper statutory basis? Will she consider
whether the Justice Committee would be suitable to carry out
prelegislative scrutiny? Does she agree it is important that the
code includes communication pre-charge by the police, as well as
by the CPS post-charge, as both are equally important?
The Solicitor General
My hon. Friend is right to highlight the importance of the
victims Bill. As he says, that Bill will have prelegislative
scrutiny, and we welcome the Justice Committee’s views on that.
He is right to highlight the importance of the work that goes on
pre-charge, as well as post-charge, and we will be looking
carefully at those matters.
Prosecution of Hate Crime
(Blyth Valley)
(Con)
What assessment he has made of the effectiveness of the CPS’s
work to improve community confidence in its prosecution of hate
crime.
The Attorney General ()
I thank my hon. Friend for his question on hate crime. I have
been appalled by recent examples of hate crime, which are an
utter disgrace. I warn racists and antisemites alike that the
Crown Prosecution Service recognises the devastating impact that
hate crime has on victims and communities, and it is committed to
bringing offenders to justice. That is evidenced by the continued
rise in sentence uplifts. This year, increases in sentences for
hate crime reached the highest rate yet of nearly 80%. Outreach
has continued throughout the pandemic with a range of community
organisations to increase community confidence and improve the
prosecution response to hate crime.
I thank my right hon. and learned Friend for his response.
Recently in my constituency, the owner of the Delaval Tandoori
was physically and verbally assaulted by two men. The wonderful
community of Seaton Delaval has rallied around to support that
family-run business in the wake of the attack, but I know they
will join me in looking to my right hon. and learned Friend for
his assurance that the CPS will do all it can to bring those
responsible for hate crime before our courts.
The Attorney General
I thank my hon. Friend for his question. The Crown Prosecution
Service will prosecute cases referred to it by the police and
other law enforcement agencies, and where the test set out is
met, it will prosecute those offences. Those who commit such
offences must understand that their sentences have an 80%
likelihood of being uplifted as a consequence of the hate element
of their crime. According to one media report, we have recently
seen a 600% increase in antisemitic crimes. We recognise that any
form of hate crime against any group is obnoxious and
antithetical to the interests of this country, and cannot be
tolerated. The CPS recognises the devastating impact. Everything
will be done and continues to be done to check those offences.
Prosecution Decision: Kettering
(Kettering)
(Con)
For what reason the Crown Prosecution Service decided not to
prosecute the organiser of a large funeral held in breach of
covid-19 regulations in Kettering in November 2020.
The Solicitor General ()
I understand my hon. Friend’s concern about this issue, which he
has already brought to my attention. The CPS makes its charging
decisions independently, with every case judged on its own merit,
based on the tests set out in the code. In this particular case,
my understanding is that the CPS reviewed it and determined that
there was insufficient evidence to continue with the proceedings.
That was because there was no evidence that the suspect was
responsible for the excess numbers present outside the church.
Mr Hollobone
There is widespread dismay and outrage in Kettering that the
organiser of that huge Irish Traveller funeral, held during the
covid lockdown, has in effect got away with it. Clearly, however,
the Crown Prosecution Service cannot successfully prosecute on
any criminal case unless it is provided by the police with
sufficient formal evidence against the accused. Given that the
court hearing was held five months after the funeral took place,
will the Solicitor General confirm when the CPS received the case
file from the police?
The Solicitor General
I understand the concern of my hon. Friend’s constituents, as of
many around the country who are abiding by the rules, which is
what has managed to get our infection rates down. To answer his
specific question, the first hearing was at the Northampton
magistrates court on 19 April. The police had not previously sent
the file through to the CPS due to a technical error on the part
of the police. The file was received at 11.30 am on the morning
of the hearing.
Criminal Justice System: Covid-19 Recovery
(Sevenoaks)
(Con)
What assessment he has made of the effectiveness of the Crown
Prosecution Service's contribution to the criminal justice
system’s covid-19 recovery.
(Hornsey and
Wood Green) (Lab)
What steps the Crown Prosecution Service is taking with partner
agencies in the criminal justice system to reduce the backlog of
cases resulting from the covid-19 outbreak.
(Hastings and
Rye) (Con)
What assessment he has made of the effectiveness of the Crown
Prosecution Service’s contribution to the criminal justice
system’s covid-19 recovery.
The Attorney General ()
I am pleased that inspections in both June 2020 and March 2021
found that the CPS responded well to the challenges caused by
covid-19. Those inspections were by Her Majesty’s Crown
Prosecution Service inspectorate. The CPS has made a significant
contribution to supporting the criminal justice system during an
exceptionally difficult time, working closely with partners. I am
proud of prosecutors and staff who have continued to deliver
their essential services, both virtually and in person where
necessary, throughout the pandemic.
I thank the Attorney General for his answer and for his welcome
focus on domestic violence, which he demonstrated throughout this
Question Time. Will he reassure me that the Crown Prosecution
Service will do all it can to prioritise cases of domestic
violence and sexual abuse in the backlog, as those types of cases
have a higher drop-off rate the longer the delay?
The Attorney General
Yes, tackling domestic abuse, as I have been saying, is a key
focus of the Government. In my hon. Friend’s constituency, the
CPS south-east region, which covers her area, identifies domestic
abuse cases, working with the Courts and Tribunal Service, to
ensure that they can be listed before the court as a priority and
that trial dates can be brought forward to avoid any unnecessary
delay. She is right to focus on the issue. Work is being done in
support of her point.
While a defendant typically has legal representation following
the reporting of a rape, the victim has to wait months before an
independent advocate becomes available. Even then, the
independent sexual violence advocate is not permitted to go into
the court to support a woman at the time she desperately needs
it. First, why is there a three to six-month wait for an advocate
to become available to deeply stressed individuals who have been
assaulted? Secondly, will the Government undertake to review the
situation in which the advocate, who is meant to support the
victim, has to stay outside the courtroom? It is ridiculous!
The Attorney General
As the hon. Lady may know, a rape review is due to be published
soon. Together with the police, the Crown Prosecution Service
introduced an interim charging protocol in April 2020 to
prioritise the most important cases, to which she is referring,
through the criminal justice system. Those are high-harm cases,
including rape and domestic abuse. I am proud of the CPS’s
response. I am sure she recognises that the exigencies of the
pandemic have affected backlogs to a significant extent in many
areas of public and private life, but a huge amount is being done
to ameliorate that backlog. Particular priority is being given to
the sorts of cases to which she is referring.
What learning will the CPS take forward from its pandemic
response to increase resilience in the future?
The Attorney General
One of the things that we will be looking at is the cloud video
platform. The CPSI report published recently recognised the
flexibility and adaptability of the CPS in responding to the
pandemic. The cloud video platform was enabling around 20,000
virtual hearings a week, and post pandemic I am sure we will be
looking at that among many other things.
(Manchester, Withington) (Lab) [V]
If the Government are serious about tackling the backlog of court
cases, will the Attorney General explain why his colleague in the
Ministry of Justice has halved the amount spent annually on
recorded sitting days in the past five years, from £19 million to
£9.5 million?
The Attorney General
I have actually discussed the issue of recorders very recently
with the senior judiciary. The Ministry of Justice has recently
arranged for an unlimited amount of sitting days—I think I am
right in saying—so that the judiciary and the courts system can
keep up with all the work that is going on. That is a very
generous arrangement to allow the courts to make dramatic
progress, and that includes recorders and the judiciary
generally.
(Haltemprice and Howden) (Con)
Although it is important that partner agencies in the criminal
justice system do everything possible to eliminate the delays
caused by covid-19, some of these problems stretch back much
further than the start of the pandemic. In 2017 we reformed
pre-charge bail to introduce time limits on how long suspects
could be on bail before being charged. That came after the
terrible treatment of some individuals, including Paul
Gambaccini, who was held on bail for a year without being
charged. Today, a number of people are still being bailed for a
shocking length of time—years on end. I currently have a case
where the National Crime Agency has kept an individual on bail
for almost six years. That has ruined her life. The Government
are now seeking to undo even the inadequate protections in the
Police and Crime Act 2017 with the Police, Crime, Sentencing and
Courts Bill. Will the Attorney General tell the House what the
Government will do to protect against these injustices in coming
legislation?
The Attorney General
I thank my right hon. Friend for the point he makes. He thinks of
the defence position, and is right to do so, and I am very
grateful to him for raising it. I recognise how distressing
delays can be, both to defendants and, of course, to victims, but
these have been unprecedented times.
On the case my right hon. Friend refers to, decisions on whether
to impose or extend pre-charge bail are operational and are not
therefore something that Ministers can interfere with, but he
makes a powerful point. It is right that those decisions are
independent of Government, and it is important to note that the
length of pre-charge bail is separate from the length of the
investigation. There may be particular circumstances that cause
concomitant delays in individual cases that are outwith my
immediate knowledge or ability to intervene, and nor would it be
appropriate for me to do so, but I recognise the point he makes.
If he wishes to write to me about that individual case, we can
certainly forward it to the relevant authority.
