Violence against Women and Girls: Prosecution Rates Wera
Hobhouse (Bath) (LD) 1. What steps she is taking to increase the
proportion of cases relating to violence against women and girls
that are prosecuted. The Attorney General (Victoria Prentis)
Tackling violence against women and girls remains one of the
Government’s top priorities, and we are doing all we can to make
streets and homes safer. We are prioritising prevention, supporting
survivors and...Request free trial
Violence against Women and Girls: Prosecution Rates
(Bath) (LD)
1. What steps she is taking to increase the proportion of cases
relating to violence against women and girls that are
prosecuted.
The Attorney General ()
Tackling violence against women and girls remains one of the
Government’s top priorities, and we are doing all we can to make
streets and homes safer. We are prioritising prevention,
supporting survivors and strengthening our pursuit of
aggressors.
It is a well-known national scandal that only 3% of rape cases
have led to charges against the perpetrator. Locally, Avon and
Somerset police are making big strides towards change. They have
tripled charge rates, are bringing more cases to the Crown
Prosecution Service and have changed their investigative focus
from the victim to the perpetrator. I am immensely proud of this
progress, and I hope that my local area could become part of the
ongoing pilot for specialist rape courts. Can the Attorney
General confirm when a decision on the further roll-out of
specialist rape courts will be made? Will my local Crown court be
considered to be part of the next stages?
The Attorney General
Evidence is being gathered from our three specialist courts, but
I should emphasise that every Crown court tries rape cases and
will benefit from the learning. The south-west, as the hon. Lady
has outlined, is showing the way by demonstrating new ways of
working with the police, providing specialist training to all
first responders. They are also, I hear, planning a community
event later this month.
(Penistone and Stocksbridge)
(Con)
Prosecution rates for the appalling crime of rape against women
and girls have been too low across the country. What impact does
my right hon. and learned Friend believe that Operation Soteria
will have on prosecuting cases of rape?
The Attorney General
I thank my hon. Friend for her question. She is always a great
advocate for vulnerable people. Operation Soteria is focused on
delivering cultural transformation in the investigation of rape
offences. It looks to ensure that the victim is well supported
and the case thoroughly investigated. I was glad to see joint
working between the police and CPS when I visited Leeds last
Friday. They are working closely together and, crucially, with
support services such as independent sexual violence advisers to
make sure we really deliver for victims.
(Strangford) (DUP)
A recent revelation in Northern Ireland is that a man was
punished with 140 hours of community service after domestically
assaulting his wife on two different occasions. What steps will
the Attorney General take to ensure that harsher sentences are
given to those guilty of inflicting violence on women? We need
harsher sentences.
The Attorney General
I thank the hon. Gentleman for raising that important case.
Sentencing is, of course, a matter for the independent judiciary,
the Ministry of Justice and the Sentencing Council. I know that
he shares the Government’s desire to do all we can to make sure
that the victims of violence against women and girls get
justice.
(North East Hertfordshire)
(Con)
Does the Attorney General agree that the Crown Prosecution
Service is very dependent on the quality of the investigation
from the outset? I therefore welcome this joint working, which is
something that had been hoped for over many years and seems to be
delivering results. I do not know whether she has anything she
can say about its roll-out to the country as a whole.
The Attorney General
I thank my right hon. and learned Friend for his question. I know
that this is something he has personally been working on for many
years. It is true to say that joint working is the answer, and in
Leeds on Friday I was able to see a police gatekeeper—that is
what he is called, but I think a better word would be
“interpreter”—who was able to work between the lawyers and the
victim and witnesses and ensure that the case was investigated
properly right from the beginning and that disclosure was managed
in a sensible way.
Access to Justice
(Birkenhead) (Lab)
2. What recent assessment she has made of the effectiveness of
the Crown Prosecution Service in ensuring access to justice for
victims of crime.
The Solicitor General ()
All victims of crime deserve the right support, and the CPS has
published the findings of independent research and is
implementing changes based on that to deliver what victims need.
There is new and innovative victim communication for half of CPS
areas.
Justice delayed is justice denied, but as of September 2022 more
than 17,300 Crown court cases had been outstanding for a year or
more, and nearly 5,000 had been outstanding for more than two
years. What does the Attorney General have to say to the victims
of those crimes, whose lives have been put on hold for years
while waiting for their cases to be brought to justice, and to
those who cannot cope with any more delay, even if that means
allowing their cases to collapse?
The Solicitor General
The hon. Gentleman raises an important point, and the Attorney
General and I are working closely with the Ministry of Justice.
There has been good progress in terms of the CPS and the time it
takes for cases to be heard. The most recent figures for the CPS
show that it is 171 days on average, and I am determined to see
that improve and decrease.
(Meon Valley) (Con)
Victims of crime have already been through distressing
circumstances, so can my hon. and learned Friend tell me what the
CPS is doing to inform and support people to navigate the
criminal justice system?
The Solicitor General
I am grateful to my hon. Friend for her interest in this
important area. The CPS has launched a new online guide for
victims, ensuring that they have access to the necessary
information. She is right that accessible information is the key
to supporting victims and ensuring that they can navigate the
criminal justice system.
(Kingston upon Hull East)
(Lab)
The Solicitor General will be aware that victims of crime are
being badly let down, waiting months and years for their cases to
come to court. That problem is being exacerbated by the fact that
there is now a disparity between criminal defence barristers’ pay
and that of prosecution barristers. What does he intend to do to
right that wrong and put victims first?
The Solicitor General
The hon. Gentleman is right to say that we should be putting
victims first, and indeed we are doing so. On his specific
question, the Treasury has agreed to consider the CPS funding
position following publication of the criminal legal aid
independent review—a report that he will know about. Discussions
regarding fees and funding are ongoing, but I fully support him
in putting victims first and ensuring that those cases are
brought on as quickly as possible.
(Stoke-on-Trent North)
(Con)
I put on record my thanks to the Solicitor General for his
compassion and care when dealing with the very tragic case of
Sharlotte-Sky, who lost her life on Endon Road in Norton Green.
He will know that Claire, Sharlotte’s mother, has felt that she
has been failed, because ultimately it took over a year to get
simple answers from a blood test as to whether in this case
someone had been drinking and on drugs. What engagement has the
Solicitor General had with the Department for Transport about its
review, in order to speed up answers for our police officers and,
most importantly, for victims of this horrific crime?
The Solicitor General
I pay tribute to my hon. Friend, who has diligently and
vigorously pursued his constituent’s case—I well remember the
Adjournment debate that he brought to this House and the
important points that he raised concerning the unduly lenient
sentence scheme. I am determined to work closely across
Government, and I know that my hon. Friend will continue his
campaign to pursue this.
Roles of Lord Chancellor and Law Officers
(Eltham) (Lab)
3. What assessment she has made of the implications for her
policies of the ninth report of the House of Lords Constitution
Committee, “The roles of the Lord Chancellor and the Law
Officers”, HL 118, published on 18 January 2023.
The Attorney General ()
I thank the House of Lords Constitution Committee for its
thoughtful and detailed report, which highlights the complexity
of this historic office. It is an honour to serve—to make law and
politics work together at the heart of Government.
The Constitution Committee rightly says that we need Law
Officers
“with the independence of mind, autonomy and strength of
character to deliver impartial legal advice to the Government,
even where it is unwelcome.”
I am sure that the Attorney General agrees, but can she give a
single example of where her predecessor met that standard in the
advice that she gave to the Government?
The Attorney General
I thank the hon. Gentleman for his question, but as he knows—as
we all know, I think—the Attorney General’s convention means that
I do not comment specifically on the advice that has been given
by any holder of this office, or even whether or not advice was
given.
Seriously—this is a serious matter—the report highlights some
very important points about how the Law Officers work in
combination, as politicians and as lawyers. That is something
that I take extremely seriously myself. I know that I have duties
to the court, as well as to my constituents and to the
Government, and it is very important that we treat this matter
with the seriousness it deserves.
Mr Speaker
I call the Chair of the Justice Committee.
(Bromley and Chislehurst)
(Con)
I think the Attorney General has just demonstrated that she and
the Solicitor General are well up to the task of internal
inquiries. In welcoming the report, will she recognise that,
given the Attorney General’s important role of speaking truth to
power—to Government—it is also important that the Law Officers
should be consulted in a timely fashion, and appropriately and
fully, on any controversial matters that may have a legal aspect,
and that fellow Ministers should then listen and act accordingly,
consistently?
The Attorney General
I thank my hon. Friend—he is a very learned Gentleman, on whose
Committee I was extremely proud to sit for many years—for his
question, which I think was more of a statement. It is important
to note that the Government’s commitment to the rule of law is
absolute, and I will do my very best to uphold that.
Mr Speaker
I call the shadow Attorney General.
(Islington South and
Finsbury) (Lab)
May I join the Attorney General in thanking the House of Lords
Constitution Committee for this excellent report? I have to say,
it is a damning indictment of the former Attorney General, but
also a helpful warning for current and future holders of the
post. I want to ask the Attorney General about one specific point
in relation to the report. Does she agree that it would be
helpful to provide greater clarity within the ministerial code on
the duties of Law Officers, particularly on upholding the rule of
law within Government and providing impartial legal advice
regardless of political considerations—both areas that the former
Attorney General fell so drastically short on?
The Attorney General
I have looked often at the ministerial code, and I think the
section that deals with legal advice is sufficient. To go back to
the previous question, I note that it is suggested that the
advice sought should be timely, but, as all lawyers present in
the Chamber know, that is not always the way with clients, and we
do our best to accommodate them. On some things, however, we can
clearly be less accommodating. The rule of law is absolutely a
thread that runs through the legal advice provided by the holders
of this office.
May I ask about one specific area of the ministerial code that
might benefit from particular clarity? Section 7 requires
Ministers to inform Law Officers if they risk becoming
“involved in legal proceedings in a personal capacity,”
including when they are potential defendants or in relation to
potential defamation cases, and preferably before they have
instructed their own solicitors. On that basis, I ask the
Attorney General to clarify two points of fact: are Ministers
currently obliged to inform Law Officers if either their
solicitors are sending letters to journalists threatening to sue
them for libel, or they are under investigation by His Majesty’s
Revenue and Customs over the non-payment of taxes?
The Attorney General
I am not going to comment on specific cases—the right hon. Lady
will understand why that is the case. I think the ministerial
code allows for a certain level of wiggle room on that particular
area. It is clear that when proceedings have already commenced,
it is essential to ask the Law Officers’ opinion on those
proceedings. However, I think she and I both know that it is not
always clear at the beginning of a series of letters, which may
or may not lead to proceedings, when that moment should be. I
would always caution—as I am sure she would—that it would be good
to involve the Law Officers at an early stage of proceedings, but
I cannot comment on specific cases and whether or not that was
done.
Support for Ukraine’s Judiciary
(Witney) (Con)
4. What steps she has taken to support Ukraine’s judiciary in
their conduct of war crimes trials.
The Attorney General ()
I thank my constituency neighbour for his question. This
Government firmly believe in international accountability.
Ukraine’s judiciary should be congratulated on prosecuting war
crimes right now, in real time, during a brutal conflict. On
Monday I met a delegation of Ukrainian judges in this building
and heard how they are approaching this monumental task. They are
grateful for our practical support, including an extensive
training programme led by Sir Howard Morrison.
What assessment has the Attorney General made of the
international community’s progress in bringing Russian leadership
to trial for the crime of aggression in Ukraine?
The Attorney General
The crime of aggression is one of the most significant in
international criminal law. At Ukraine’s invitation, we have
joined a core group of states to discuss the establishment of a
bespoke tribunal. We are absolutely determined to play a leading
role in ensuring international accountability for Russia’s
actions.
(Blaenau Gwent) (Lab)
Will there be Russian war reparations to Ukraine, and how can the
UK support that?
The Attorney General
At the moment, the international community is rightly focused on
prosecuting war crimes. That is the right focus, as we hope that
in so doing we will have a good effect on the behaviour of those
fighting this conflict at the moment. We are undoubtedly starting
to turn our minds to reparations, and there is a great deal of
work going on within Government on how best to support the
Ukrainians to do that. I know that the Secretary of State for
Business, Energy and Industrial Strategy is very involved in
that.
Mr Speaker
I call the shadow Minister.
(Hammersmith) (Lab)
Three weeks ago, the Secretary of State for Justice told me from
the Dispatch Box that Russian war crimes would be pursued via
Ukrainian domestic courts and the International Criminal Court,
even though that denied the possibility of prosecuting Putin and
his inner circle for the crime of aggression. At the time, the
Attorney General appeared to share his view. Last week the
Foreign Office welcomed the special tribunal necessary to try
Putin, saying it would “complement established mechanisms”. That
is welcome, and I think it is what the Attorney General has said
today, but can she—because we know her to be a candid and
thoughtful person—explain and confirm what by any definition is a
screeching U-turn in Government policy?
The Attorney General
I am afraid I really would not describe this as a screeching
U-turn—[Interruption.] No, not at all. This is a development in a
very difficult area of international law. [Interruption.] I would
just listen to this for a moment. It is a very delicate area of
international law. This is a live and brutal conflict—we are all
agreed on that—and it is right that most of the prosecutions take
place in Ukraine, with real-time evidence and with witnesses
present. Those prosecutions are going well, and I think we all
support the Ukrainian judiciary in that. I hope very much that
there will be an international moment of accountability following
this war. I suspect that many courts will need to be involved,
including both the ICC and any special tribunal.
Mr Speaker
I call the SNP spokesperson.
(Lanark and Hamilton East)
(SNP)
It is almost one year to the day since the beginning of Russia’s
illegal invasion of Ukraine, and an estimated 7,000 civilian
lives have been lost during this time, in one of the most
barbaric atrocities against civilians recorded since the second
world war. Given that the UK will host a major international
meeting on war crimes in March, what further support will the
Attorney General give on information sharing and testimonial
gathering, and on ensuring that legal expertise will be fully
utilised to hold Russian war criminals to account?
The Attorney General
I thank the hon. Lady for her question. It is fortuitous that the
Lord Chancellor has just entered the Chamber, because in March he
is hosting an important conference, with the Dutch, to discuss
how further we can help and support the work of the ICC. Further,
we have the work of the special tribunal that I mentioned, and we
are providing a great deal of practical help on the ground in
training Ukrainian judges and providing funding to help them to
find evidence and to prosecute these crimes effectively.
Criminal Justice System: Backlog
(Eddisbury) (Con)
5. What assessment she has made of the effectiveness of the Crown
Prosecution Service in tackling the backlog of cases in the
criminal justice system.
(Broadland) (Con)
6. What assessment she has made of the effectiveness of the Crown
Prosecution Service in tackling the backlog of cases in the
criminal justice system.
The Solicitor General ()
First, I would like to pay tribute to my hon. and learned Friend
the Member for Eddisbury () for his work as Solicitor
General. From that work, he will know the significant amount of
funding in the criminal justice system to help improve waiting
times for victims. Both the Attorney General and I have seen that
at first hand in our visits to regional Crown Prosecution Service
areas.
I thank the Solicitor General for his answer. Further to the
point raised by the hon. Member for Kingston upon Hull East
(), in the first three quarters
of 2022 there have been 235 ineffective Crown court trials caused
by prosecution absence—the highest annual total since
2014—compared with just 19 in 2019. The recent uplift to defence
fees has meant there is now more money in defending than in
prosecuting, and consequently the CPS is struggling to find
enough prosecutors for trials. What timescales is my hon. and
learned Friend working to in order to address this situation?
The Solicitor General
I am grateful to my hon. and learned Friend for raising this
point. Of course, I recognise the importance of ensuring that all
those who work in the criminal justice system—both defence and
prosecution—are paid and rewarded appropriately. He will have
heard my answer earlier, and it is right that the Treasury has
agreed to consider the CPS funding position. Discussions are
ongoing, and I know that he will keep pressing.
The police are doing an excellent job in Broadland. They have
just opened a new response centre at Postwick, improving response
times and housing some of the many additional officers that this
Government have provided. The CPS is the next line in the
criminal justice journey. The CPS inspectorate undertook a report
on local provision in March 2022. Can my hon. and learned Friend
provide an update to the House on the performance since that
date?
The Solicitor General
I recognise my hon. Friend’s expertise and interest in this
matter. The inspection report for the east of England praised the
quality of the work in the area, and the latest data suggests
that performance continues to be strong. The area is now making
all crime charging decisions more quickly than it did previously.
My hon. Friend will be pleased to know that, in the face of the
backlog, the conviction rate for the CPS in his region remains
reassuringly high at 85%.
Domestic Abuse: Prosecution Rates
(Carshalton and Wallington)
(Con)
7. What steps she is taking to help increase the rate of
prosecutions for domestic abuse.
The Attorney General ()
We are committed to increasing the volume of prosecutions and
supporting more victims. We enacted new provisions to increase
the time that victims have to report domestic abuse offences to
ensure that we bring more offenders to justice.
Despite Carshalton and Wallington being a relatively safe part of
London, domestic violence rates there are higher than the London
average. Local charities such as Sutton Women’s Centre do a great
job in training people to spot the signs, but what assurance can
the Attorney General give me that CPS staff have access to that
same training to bring that level of crime down?
The Attorney General
I thank Sutton Women’s Centre for its fantastic work in training
the community to spot the signs of domestic abuse. All
prosecutors in London are now domestic abuse trained. Close
working with the police should continue to increase the rate of
prosecutions.
Serious Fraud Office: Prosecutions for Fraud and
Bribery
(Newcastle-under-Lyme)
(Con)
8. What steps she is taking to help the Serious Fraud Office
investigate and prosecute fraud and bribery.
The Solicitor General ()
Mr Speaker, you may remember that the SFO successfully prosecuted
Glencore Energy UK Ltd and that the total amount the company will
pay—£280 million—is the highest ever ordered in a corporate
criminal conviction in the United Kingdom. We continue to work
closely with the SFO to identify any policy changes that could
support its ambitions.
My constituents want to see the Government crack down on
corporate criminality. What measures are the Government
considering in the Economic Crime and Corporate Transparency Bill
to address corporate crime?
The Solicitor General
I am grateful to my hon. Friend for his interest. The Government
recognise that the current law does not go far enough. That is
why we have committed to addressing the need for a new “failure
to prevent” offence in the Economic Crime and Corporate
Transparency Bill. In addition, we are introducing a provision to
extend the SFO’s pre-investigation powers.
Legislative Competence of the Scottish Parliament
(Cumbernauld, Kilsyth
and Kirkintilloch East) (SNP)
9. What discussions she has had with Cabinet colleagues on the
potential implications of an order under section 35 of the
Scotland Act 1998 for the legislative competence of the Scottish
Parliament.
The Attorney General ()
As I said earlier, by convention, information on whether the Law
Officers have been asked to provide advice and the content of
such advice are not disclosed outside Government. That convention
enables candid legal advice to be given.
Why was the prospect of a section 35 order not raised at any time
before the Gender Recognition Reform (Scotland) Bill was
overwhelmingly passed by the Scottish Parliament? What
alternatives did the Attorney General look at? When will she set
out the changes to the Bill that she wants to see before the
Government would revoke the section 35 order? Those are simple
questions. If she cannot answer them, all we can conclude is that
the Government have lost their last shred of respect for the
Scottish Parliament.
The Attorney General
That would be absolutely the wrong conclusion to draw. The
Attorney General’s convention is clear: the UK Government respect
the Scottish Parliament’s ability to legislate within its
competence on devolved areas. The Government are committed to
working with the devolved Administrations and strengthening the
Union of the UK.
Prosecution of Hate Crime
(City of Durham) (Lab)
10. What steps she is taking to ensure effective prosecution of
hate crime.
The Solicitor General ()
We are committed to delivering justice for victims of hate crime.
All CPS prosecutors are trained about hate crime, and its
specialist prosecutors help to lead that work. The latest figures
show that the CPS has prosecuted nearly 13,000 hate crime
offences, with a charge rate of 86% and, importantly, a
conviction rate of 84%.
As we mark the start of LGBTQ History Month, it was shocking to
see in the year-end figures for hate crime a 41% increase in
offences targeting people’s sexuality and a 56% increase in
offences targeting people’s transgender identity. What are the
Government doing to stop prejudice and fear, which led to that
rise in crime, being stoked against the LGBTQ community?
The Solicitor General
In the hon. Lady’s area of the north-east, the CPS is
particularly successful in getting uplifts to sentences in
relation to hate crime. In the last rolling year to date, it has
been successful in obtaining uplifts in 90% of cases. The
question she raises is important and the CPS is working
incredibly hard in that area.
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