Access to Justice for Victims of Crime Tony Lloyd (Rochdale) (Lab)
1. What recent assessment she has made of the effectiveness of the
CPS in ensuring access to justice for the victims of crime.
(900960) The Attorney General (Suella Braverman) Before I answer
question 1, may I take the opportunity to pay tribute to my superb
hon. and learned Friend the Member for Cheltenham (Alex Chalk)? He
was quite simply an excellent Solicitor General, who took the
difficult...Request free trial
Access to Justice for Victims of Crime
(Rochdale) (Lab)
1. What recent assessment she has made of the effectiveness of
the CPS in ensuring access to justice for the victims of crime.
(900960)
The Attorney General ()
Before I answer question 1, may I take the opportunity to pay
tribute to my superb hon. and learned Friend the Member for
Cheltenham ()? He was quite simply an
excellent Solicitor General, who took the difficult decision to
resign from the Government this week. He was an absolute honour
and pleasure to work with, a brilliant lawyer, a dedicated Member
of Parliament and a shining example of the highest standards of
public service.
Victims are not spectators. They have the right to be informed of
their case and to be supported. That is why the Government are
increasing funding for victim and witness support services to
£192 million by 2024-25, which represents an uplift of 92% on
core budgets in ’20-21. A large proportion of that funding has
been allocated to police and crime commissioners to commission
local victim support services. For ’22-23, the Ministry of
Justice allocated about £5.2 million to the Greater Manchester
PCC, to support services.
I am bound to welcome any extra resources to support victims.
Nevertheless, victims and their families are still treated in an
appalling fashion in too many cases. Cases that do not come to
court, trials that are cracked and all the things that go wrong
give victims the impression that they are simply an adjunct to
the process. What is the Attorney General seriously going to do
about it?
The Attorney General
Well, I think that the Government have already acted in a
significant way to put victims front and centre in our criminal
justice system so that justice is secured for them. For 2021-22,
the Ministry of Justice has provided £150 million for victims and
witnesses alone, whether that is with more independent sexual
violence advisers, who are game-changing in the victim
experience—victims have told me personally how transformative the
presence of an ISVA can be to their experience through the
criminal justice system—or with the £20 million for local
community-based sexual violence and domestic abuse services. I am
very proud of the track record of this Government on supporting
victims.
Mr Speaker
I call the Chair of the Select Committee on Justice.
(Bromley and Chislehurst)
(Con)
I join the Attorney General in her tribute to my hon. and learned
Friend the Member for Cheltenham (), whose service was absolutely
outstanding and exceptional. He departed his post with great
honour and with the respect of this House, the profession and the
judiciary.
I thank the Attorney General for what she says about victims. It
is clear that the Government have done a great deal. However, I
am sure she is aware that in the course of the Select Committee’s
prelegislative scrutiny of the welcome draft Victims Bill, we
have heard evidence that—as the hon. Member for Rochdale () said—although there is good
work, there is still patchiness in the provision of services for
victims in many areas. The draft Victims Bill is a real
opportunity to improve that and ensure a much more consistent
approach. May I ask the Attorney General for an undertaking that
the Government will look with care at the recommendations that we
make as a result of that prelegislative scrutiny?
Mr Speaker
That was very long!
The Attorney General
My hon. Friend makes an important point about the forthcoming
Victims Bill. I am proud that the Government are introducing
specific measures to transform victims’ experience of the
criminal justice system. The Bill will pursue measures to improve
victims’ experiences; we are looking at what more can be done to
ensure that the victim’s voice is heard, both pre and post
charge. I am particularly proud of the victims code, which came
into force last year and is a real reflection of our commitment
to victims.
Mr Speaker
I call the shadow Attorney General.
(Islington South and
Finsbury) (Lab)
May I say what an honour it is to be at this Dispatch Box facing
the next Prime Minister as she awaits her call from the palace?
It is a true honour, although colleagues will have noticed that
in her list of leadership priorities last night the Attorney
General had absolutely nothing to say about tackling the epidemic
of crime in our country or ending the culture of lawbreaking in
our Government, both of which have flourished on her watch. What
she did say last night, however, was that we need to
“shrink the size of the state”.
I ask the Attorney General a very simple question: in percentage
terms, what size of staffing cuts does she plan to make to the
Crown Prosecution Service, and what will that mean to the record
backlogs that our courts currently face?
The Attorney General
I know that the right hon. Lady loves to degrade these question
sessions to petty politics. I am not going to lower myself to her
standards; I am here to talk about victims and what we are doing
to secure justice for vulnerable people. I am very proud of the
financial settlement that this Government have put into the CPS,
increasing the number of prosecutors. Notably, in the past 12
months alone there have been 115 more RASSO-trained prosecutors
in place to work specifically to support victims.
Mr Speaker
We now come to the SNP spokesperson.
(Glasgow North East)
(SNP)
The Scottish Government are investing an extra £4 million this
year to tackle violence against women and girls and offer greater
support for victims’ needs. The Crown Office budget in Scotland
is more than 40% higher than at the start of the last Parliament,
supporting a range of improvements and modernisation processes.
Does the Attorney General welcome that? Does she agree that more
funding should be made available across the UK for greater access
to justice for victims? Will she consider putting that in her
prime ministerial manifesto?
The Attorney General
The hon. Lady has raised some good points. Over the last two
years, however, there has been a sea change in what the
Government have been doing to tackle violence against women and
girls. We now have more data, with localised data dashboards and
scorecards shining a light on how different parts of the country
are performing in relation to RASSO— rape and serious sexual
offences—and indeed all crime, and how they are recovering from
covid.
As I have said, I am proud of the victims code, which contains 12
rights for victims which will be enshrined in statute—for
instance, a right for victims to be referred to the relevant
support services, a right for victims to have access to the
relevant information, and a right for victims to make a personal
statement in court. Those are meaningful changes that this
Government have introduced, and I am very proud of that.
CPS in Mid-Wales
(Montgomeryshire) (Con)
2. What recent assessment she has made of the performance of the
Crown Prosecution Service in Mid Wales. (900961)
The Attorney General ()
I visited the CPS in Wales in February and was pleased to be able
to speak to the hard-working and dedicated prosecutors about
their work, which has also been praised in a recent report from
the CPS inspectorate. I know that the hon. Member had a
productive meeting with the Chief Crown Prosecutor for Wales
recently, and I hope he will join me in commending the area for
its strong performance in recovering from the backlog.
I thank the Attorney General for her answer, and it is good to
see her in her place. I also pay tribute to Jenny Hopkins, the
Chief Crown Prosecutor for Wales. As the Attorney General said, I
met her recently, and she and her team are doing a terrific job.
However, the court backlog in Mid Wales—rural Wales—is still
quite spectacular. What is the Attorney General doing to deal
with the problem?
The Attorney General
The data, to which we now have unprecedented access, shows that
when it comes to recovery from covid and court backlogs, the CPS
in Wales and the local criminal justice board have performed
exceptionally well. Huge resources have been put into court
recovery, which is why the magistrates court backlog in the CPS
Wales area was the first to recover from the impact of covid,
with live caseload numbers falling to below pre-covid levels in
December 2021.
I successfully personally presented a case at the Court of
Appeal, sitting at Cardiff Crown court, which resulted in an
increase from 13 years to 20 years and seven months, with an
extended licence period of five years,. in the prison sentence
given to Stephen Gibbs for an attempted murder. I was delighted
and honoured to be in court in Wales.
Rape Prosecution Rates
(Blackpool South) (Con)
3. What steps she is taking to increase prosecution rates for
rape. (900962)
(Meon Valley) (Con)
7. What steps she is taking to increase prosecution rates for
rape. (900966)
The Attorney General
We are united in our combined efforts, across Government, to
improve performance for victims and increase the number of
successful rape cases that go through our courts. Since we
published our rape review action plan, there has been a steady
increase in the number of rape charges, prosecutions and
convictions quarter on quarter. We are closing the gap between
complaints and convictions. Most notably, the number of
convictions for rape offences is up by 27% on the number in
2019.
In Lancashire, our brilliant police and crime commissioner,
, is funding a variety of
projects to reduce the number of rape and serious sexual
offences. They include dedicated specialist support services for
victims, and Operation Night Guardian, which focuses on the night
economy. How is the CPS in Lancashire working alongside our
police and crime commissioner to improve the rates of conviction
for these abhorrent crimes?
The Attorney General
I am pleased to report that CPS North West is in an Operation
Soteria area. Operation Soteria, which was introduced recently
under this Government, is an ambitious joint police and CPS
programme of work to transform the way in which rape prosecutions
are handled. It will provide a renewed focus on investigating the
suspect rather than the victim, and will ultimately create a new
operating model for the investigation and prosecution of rape. We
are pleased to be seeing the green shoots of progress nationally:
the number of rape convictions has increased by 29% compared with
the last quarter pre-covid.
Mrs Drummond
I have a constituent whose sperm was used without his consent by
his ex-partner so that she could become pregnant. The police have
looked at the case and passed it to the CPS, which says that the
law does not allow it to deal with the offence as any kind of
sexual assault. Will my right hon. and learned Friend look at the
law? This is not just “sperm theft”, but a form of sexual assault
and a violation of my constituent’s rights.
The Attorney General
My thoughts are very much with my hon. Friend’s constituent. That
sounds like a very traumatic affair. I want to thank her for
raising this case. I know that she has already received a reply
from my Department setting out the reasons why the CPS could not
proceed with this particular case. The CPS looked at all the
facts of the case carefully and considered all the available
offences under current legislation before determining that no
offence had been committed under current law. I will raise the
case with my colleagues in the Ministry of Justice so that they
might look at the existing statutory framework.
(Brentford and Isleworth)
(Lab)
Since the Supreme Court reversed the Roe v. Wade judgment, a
10-year-old girl in Ohio who is pregnant as a result of rape has
been forced to travel to Indiana from her home state for an
abortion, which she could not get locally. Will the Attorney
General condemn the appalling cruelty that has resulted, and will
result, from the Supreme Court ruling? Will she also condemn the
Conservative MPs who celebrated it on social media?
The Attorney General
I do not think it is the right of a UK Government Minister to
comment on a judicial decision in another jurisdiction such as
the United States. That is a matter for the United States Supreme
Court and the United States Congress to resolve. What I am
focused on is the experience of victims in Britain and Wales and
how we can improve our criminal justice system. That is why I am
very proud of the achievements that we have secured. I am very
proud that, for example, the CPS prosecuted 430,000 defendants
last year on a whole suite of offences, including 69 alleged
terrorists, 33 of whom were convicted, and 19,000 serious
violence offences, with a conviction rate of almost 75%. Those
are the statistics, the facts and the policies on which I am
focused.
(Newcastle upon Tyne Central) (Lab)
Is the Attorney-General proud of her achievements when the delay
between offence and completion in rape cases is now more than
1,000 days and there are 50 UK Crown courts with delays of more
than three years and 18 with delays of more than four years? Does
she agree with the Victims Commissioner that these delays are
appalling? Could she take time out from her leadership campaign
to look at bringing in pre-recorded evidence and
cross-examination in all rape cases in all Crown courts now?
The Attorney General
Actually, what we are seeing as a result of pioneering operations
such as Soteria is a closer collaboration between police and
prosecutor. What we know works is when a prosecutor has a good,
clear case strategy, has a grip of the case and has properly
identified the challenges, and when the police are supportive and
involved in the investigation. Close collaboration, early
investigative advice and support for the victim is what will cut
down the timelines and ensure that victims get justice in a
swifter way. That is why I am very proud of the section 28
roll-out.
(Hammersmith) (Lab)
The last time we debated this issue in this Chamber, the Attorney
General told me that
“any allegation of domestic abuse or sexual assault on victims is
horrendous. On no account does anyone in this Government condone
that behaviour.”—[Official Report, 26 May 2022; Vol. 715, c.
414.]
So why did the Attorney General not call for the Prime Minister’s
resignation when she found out that he had turned a blind eye to
an allegation of sexual assault by one of his own Ministers, but
did call for his resignation to launch her bizarre leadership
campaign live on TV last night? Does that not just sum up how she
has debased the office she holds and put political ambition
before the rule of law?
The Attorney General
The hon. Gentleman could have asked about domestic abuse victims;
he could have asked about RASSO; he could have asked about crime
prevention and keeping the British people safe. Instead, he used
his opportunity to score cheap political
points—[Interruption.]
Mr Speaker
Order. Front Benchers should not be shouting after asking the
question. Let’s get this done and move on.
The Attorney General
When it comes to domestic abuse, our landmark Domestic Abuse Act
2021 is strengthening protection for victims and ensuring that
perpetrators feel the full force of the law. It includes the
first legal definition of domestic abuse, it improves support for
victims in the courts, it introduces new offences and it
strengthens the legislation precisely for victims of domestic
abuse. It is a pity he did not want to talk about that.
Disclosure Between All Parties in Criminal Justice System
(Dudley South) (Con)
4. What recent steps she has taken to improve the efficiency and
effectiveness of disclosure between all parties in the criminal
justice system. (900963)
The Attorney General ()
We published the review of disclosure and the amended disclosure
guidelines in May to deliver improvements for police, prosecutors
and victims of crime. The new guidelines feature an annex on data
protection that will ease the burden on police handling of
digital material and will leave the police more time to be on the
street, fighting and investigating crime. I am pleased with how
the guide- lines have been received by the profession
throughout.
What impact does the Attorney General expect her guidelines,
published in May, to have on the CPS’s decision making and
prosecution of sex offences?
The Attorney General
My hon. Friend raises a real priority for the Government. These
guidelines will mean fewer unnecessary intrusions into a victim’s
private life and more interactions with victims to help them
understand the process. All of this will mean that victims are
more engaged, there is less attrition and the process is swifter
but just as effective. It is unfortunate that some Labour Members
have promoted an incorrect understanding of what these guidelines
mean.
Covid-19 Related Contracts Awarded by DHSC: Potential Fraud
Losses
(Kirkcaldy and Cowdenbeath)
(Alba)
6. What recent discussions she has had with the Serious Fraud
Office on the potential level of fraud losses arising from
covid-19 related contracts awarded by the Department of Health
and Social Care. (900965)
The Attorney General ()
There have been no prosecutions by either the Serious Fraud
Office or the Crown Prosecution Service of frauds connected to
covid-19 contracts awarded by the Department of Health and Social
Care. However, I can neither confirm nor deny whether the Serious
Fraud Office is investigating any frauds relating to those
contracts. This Government rightly took swift action at the
height of the pandemic and, thanks to the excellent work of this
Government, including Government lawyers, we have successfully
defended the majority of our coronavirus-related litigation.
The secrecy on VIP lane contracts is emblematic of the loss of
trust and transparency in this Government. Over the last 48
hours, Conservative Members have repeatedly stated the importance
of integrity and honesty. As Prime Minister, will the Attorney
General finally lift the veil of secrecy, publish the full
details of VIP lane contacts and refer the matter to a committee
or authorities, as necessary?
The Attorney General
A lot of covid-related litigation has gone through our courts,
and there has been a lot of scrutiny of the Government’s decision
making and actions during the pandemic. I am pleased to say that
the Government were successful in the majority of cases, with our
decision making being upheld and found to be lawful.
Mr Speaker
Before I call , I note that he wishes to
raise the case of his late constituent Ms Katelyn Dawson, who is
the subject of an open and adjourned inquest. I am exercising the
discretion given to the Chair in relation to matters that are sub
judice to allow reference to the case as part of the question and
answer.
Vulnerable Road Users Killed by Dangerous Driving:
Prosecutions
(Huddersfield)
(Lab/Co-op)
8. If her Department will take steps to increase the number of
prosecutions for individuals who have killed vulnerable road
users by dangerous driving. (900968)
The Attorney General ()
I am aware of this tragic case in the hon. Gentleman’s
constituency, and I take this opportunity to offer my deepest
condolences to Katelyn’s family and friends. I thank the hon.
Gentleman for his tireless campaigning, over many years, on all
road safety issues. He has been a leader in this field.
Like the hon. Gentleman, I recognise the devastating impact that
fatal road traffic accidents and collisions can have on families
and victims, which is why, under the Police, Crime, Sentencing
and Courts Act 2022, this Government increased the maximum
penalty to life imprisonment for the offences of causing death by
dangerous driving and causing death by careless driving when
under the influence of drink or drugs. Last year, the CPS charged
more than 650 defendants in relation to fatal road traffic
accidents, bringing the total number of charges back in line with
pre-pandemic levels.
Mr Sheerman
I have been around long enough to be one of the people who
introduced the seatbelt legislation that banned children from
travelling unrestrained in cars.
I was not going to talk about specifics, Mr Speaker, although you
were very kind to mention the case in my constituency. I am very
worried that, across the country, an increasing number of
families have had a family member killed by a driver and then,
because a lot of people are able to hire very expensive lawyers
who can argue things like automatism—that they were not in
control of their body or faculties at the time of the
accident—the CPS is increasingly frightened into not prosecuting.
That is my worry. Can we do something about it?
The Attorney General
It is tragic; there are simply no words for the situation that
the hon. Gentleman sets out. Ultimately, fairness sits at the
heart of our justice system. Therefore, the same threshold is
used for all offences—deciding whether to prosecute in fatal road
traffic cases or murder cases. That is set out in “The Code for
Crown Prosecutors” and has remained the same since the CPS was
formed in the 1980s. It sets out a two-stage test, with which
many people here will be familiar. A case will proceed only where
both stages of the test are met. It always comes down to the
evidence and the public interest, and I am very happy to talk to
him about what more can be done, operationally or in the state of
the law, to remedy the problem he identifies.
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