Unduly Lenient Sentence Scheme Ellie Chowns (North Herefordshire)
(Green) 1. If she will make an assessment of the potential merits
of extending the unduly lenient sentence scheme to include unduly
severe sentences. (900390) The Solicitor General (Sarah Sackman) It
is a privilege to be appointed as His Majesty's Solicitor General.
My fellow Law Officers and I will be working to restore public
faith in government and the rule of law, and to support the
Home...Request free trial
Unduly Lenient Sentence Scheme
(North Herefordshire)
(Green)
1. If she will make an assessment of the potential merits of
extending the unduly lenient sentence scheme to include unduly
severe sentences. (900390)
The Solicitor General ()
It is a privilege to be appointed as His Majesty's Solicitor
General. My fellow Law Officers and I will be working to restore
public faith in government and the rule of law, and to support
the Home Secretary and the Lord Chancellor in delivering our
safer streets mission.
Sentencing policy is quintessentially a matter for the Ministry
of Justice; sentencing is a matter for our judges. Offenders
already have the right to appeal to the Court of Appeal against
their sentences, including when they consider them to be unduly
excessive.
Since 4 July, more than 40 people have been jailed in the UK for
peaceful acts of conscience: some for protesting climate
breakdown, some for taking measures to stop violations of
international humanitarian law in Gaza. The UN special
rapporteur, Michel Forst, has made public statements to the
effect that these sentences violate international law and are not
acceptable in a democracy. With our prisons in crisis and radical
measures necessary, as we have seen with the release of prisoners
this week, will the Attorney General issue guidance to judges to
ensure that sentencing for peaceful protest is realigned with
common sense, democratic principles and international law?
The Solicitor General
Decisions to prosecute, convict and sentence are rightly made
independently of Government by the Crown Prosecution Service,
juries and judges respectively. As I have already said, if
someone wants to appeal an unduly excessive sentence, they can do
so and our courts are there to handle that matter.
Mr Speaker
I welcome the new Chair of the Justice Committee.
(Hammersmith and Chiswick)
(Lab)
Thank you, Mr Speaker.
The Government have pledged to undertake a review of sentencing
generally. I wonder whether I can tempt the Solicitor General to
support a wider review of aspects of the criminal justice system
that do not seem to be working, in particular the role of the
Criminal Cases Review Commission and the CPS in dealing with
potential miscarriages of justice. This week, Oliver Campbell's
conviction for murder was quashed by the Court of Appeal as
unsafe. The Criminal Cases Review Commission was asked to look at
the case in 2005. The CPS resisted the appeal and asked for a
retrial after 33 years.
The Solicitor General
First, I welcome my hon. Friend and congratulate him on his
election as Chair of the Justice Committee. He is right that we
will be undertaking a review of sentencing. On miscarriages of
justice, we will want to work with him to look into that further.
I am happy to meet him to discuss such matters.
Mr Speaker
I call the shadow Attorney General.
Sir (Kenilworth and Southam)
(Con)
May I first warmly welcome the Solicitor General to her place,
and the Attorney General to his place in the other place, in what
the Solicitor General will already know is one of the most
interesting and challenging parts of government? While I am at
it, I should of course also welcome the hon. Member for
Hammersmith and Chiswick () as the new Chair of the
Justice Committee. May I also take the opportunity to
congratulate my hon. Friend the Member for South Leicestershire
(), the shadow Solicitor
General, on the responsibilities he will shortly take up on
behalf of the whole House, which he will do brilliantly after an
all-too-short career on the Opposition Front Bench?
I do not know for how long the Solicitor General and I will have
these exchanges over the Dispatch Boxes, but I am glad to be able
to start on a note of consensus. I agree with her that it would
not be appropriate to extend the unduly lenient sentence scheme
to cover unduly severe sentences, for which, as she says, appeal
is already available, but she will agree that the scheme is
always capable of improvement. It is currently wholly reactive,
responding to requests from others for sentences to be reviewed.
May I ask the Solicitor General to consider the merits of her
Department, and indeed the Ministry of Justice—I see that the
Minister of State, Ministry of Justice, the hon. Member for
Swindon South (), is sitting beside
her—monitoring sentencing more proactively, in particular for
newly created offences, so that we can all have confidence that,
particularly in relation to those offences, sentences are being
passed within anticipated ranges?
The Solicitor General
I thank the right hon. and learned Member for his question, and
also for his warm welcome. He is enormously experienced in these
matters, as both a former Attorney General and a former Justice
Minister. As he rightly notes, newly created offences, such as
those created by the Online Safety Act 2023, do not currently
fall within the scope of the unduly lenient sentencing scheme,
and I understand that there are no immediate plans to extend the
scheme further, but—again, as he rightly notes—we always look for
opportunities to reform, and, along with my Department, I will
keep that under review.
Violence against Women and Girls
(Oldham East and
Saddleworth) (Lab)
2. What steps she is taking to help increase prosecution rates
for cases relating to violence against women and girls.
(900392)
(Bracknell) (Lab)
7. What steps she is taking to help increase prosecution rates
for cases relating to violence against women and girls.
(900398)
(Monmouthshire) (Lab)
9. What steps she is taking to help increase prosecution rates
for cases relating to violence against women and girls.
(900400)
(Knowsley) (Lab)
10. What steps she is taking to help increase prosecution rates
for cases relating to violence against women and girls.
(900401)
The Solicitor General ()
For too long, women and girls across the country have faced
routine threats of appalling violence and abuse. This Government
were elected with a clear mandate to halve violence against women
and girls within a decade; that is what we will deliver, and it
is something to which I am personally committed. In the early
stages of that process, I have recently met both the Domestic
Abuse Commissioner and the Victims' Commissioner to discuss how
the Crown Prosecution Service can work closely with the police
from the earliest point to build robust, victim-centred
investigations that will drive improvements in conviction
rates.
I, too, welcome the Solicitor General to her position. She will
be aware of the appalling increase in crimes against women and
girls throughout the United Kingdom, including my constituency
and Greater Manchester more widely. More than a million such
crimes were recorded last year, constituting both 20% of all
crimes logged and an increase in the number of violent crimes
against women and girls. Given the seriousness of the situation,
what plans do the Government have to ensure that we prosecute
effectively and quickly?
The Solicitor General
I congratulate my hon. Friend on her election as chair of the
Work and Pensions Committee. The statistics that she has given
are indeed worrying, and the mission of halving violence against
women and girls is therefore central to the Government's agenda.
Behind each of those statistics lie heartbreaking personal
stories. We need to do much better, which is why the Lord
Chancellor has committed herself to introducing specialist rape
courts to fast-track rape cases and why the Home Office is
delivering plans to introduce specialist rape and sexual offence
teams in every police force. It is measures of that kind that
will address the problems highlighted by my hon. Friend.
The 2023 police efficiency, effectiveness and legitimacy report
on Thames Valley police established that the force did not make
full use of Clare's law. Does the Solicitor General agree that
Clare's law is a powerful tool to protect women from those who
have already been prosecuted for domestic violence?
The Solicitor General
I thank my hon. Friend for raising an important issue. He is
right: Clare's law is a powerful tool, and it needs to be applied
more evenly and consistently. The domestic violence disclosure
scheme, known as Clare's law, enables the police to disclose
information to a victim, or potential victim, of domestic abuse
about previous abusive or violent offending by a partner or
ex-partner. The police need to consider each request on its own
merits. However, more needs to be done to ensure that the scheme
is used consistently by police forces across the country, and I
understand that the Home Office is currently engaging with the
police to see how its application can be improved.
May I warmly welcome the Solicitor General to her place? I am
sure she agrees that the dreadful legacy of the last Government's
record on rape convictions cannot be allowed to continue. She
knows that behind the statistics—less than 2% of rapes are
prosecuted—lie real people such as a woman in my constituency of
Monmouthshire, who has been waiting on a CPS decision for two
years and three months. Her life has been on hold and in limbo as
she waits to hear whether the perpetrator will be charged. She
has summoned up the courage to report, and we cannot leave her or
anyone else in indefinite limbo. Can the Solicitor General share
what progress has been made on the introduction of the
Government's new rape courts? What impact does she expect them to
have on the time lag between reporting and charging, and on
prosecution rates for those charged with violence against
women?
The Solicitor General
I absolutely share my hon. Friend's concerns. As her
constituent's heartbreaking experience illustrates, such delays
are traumatic for victims. They too often lead to what is known
as victim attrition, which leads to trials collapsing and deters
others from reporting these sorts of offences. This has gone on
for far too long, and we need to get a grip on the situation.
That is why the Lord Chancellor has committed to introducing
specialist rape courts and working with the judiciary to drive
down wait times. Obviously, those need to be carefully considered
while navigating other pressures on the justice system, and I
hope to be able to update the House on the Government's plan in
due course.
Between 2022 and 2023, my constituency of Knowsley had the
highest number of deaths per capita due to domestic abuse, but
very few people are charged for domestic abuse, let alone
prosecuted. Will the Law Officers meet me to discuss how we can
join up the criminal justice system so that the police and
prosecutors work together to take dangerous abusers off our
streets?
The Solicitor General
My hon. Friend is absolutely right to highlight the incredibly
distressing figures. As I said before, the human stories that lie
behind them will each tell a tragic tale, which is why tackling
this issue is at the heart of this Government's agenda. I am
happy to meet my hon. Friend and her local chief Crown
prosecutor, Jonathan Storer, to discuss this serious issue and
look at how we can improve joint working between the CPS and the
police.
Dr (Solihull West and
Shirley) (Con)
May I congratulate the Solicitor General on her appointment?
Among the most serious offences involving women and girls are
rape and serious sexual offences. Once victims come forward,
there are often delays in their cases being heard, and a frequent
driver of that is the difficulty in getting sufficiently
experienced counsel. A major driver of that is the gap between
the fees for prosecuting and defending counsel. Does the
Solicitor General agree that there is an urgent need to plug that
gap?
The Solicitor General
We know that the availability of sufficiently experienced
prosecutors is a problem that needs to be looked at. That is why,
in appropriate cases, we are looking at using associate
prosecutors to clear the backlog in our courts more generally,
but for the most serious crimes of rape and violence against
women and girls, we need specialist prosecutors. The Government
will be looking closely at both recruitment and retention.
(Strangford) (DUP)
May I welcome the Solicitor General to her place? I wish her well
in the role and hope that it goes according to plan. Can she
further clarify that funding is available for each branch of the
prosecution services to provide the protection and support that
helps victims to speak out? Is there any discussion about whether
increased funding for victim support could embolden victims and
help to facilitate even more safe prosecutions?
The Solicitor General
It is vital that we place victims at the centre of our justice
system, which is why this Government are looking to strengthen
the powers of the Victims' Commissioner. As we announced in the
King's Speech, the victims, courts and public protection Bill
will strengthen those powers to improve accountability and ensure
that victims' voices are centred and heard from start to finish
throughout the criminal justice process.
Mr Speaker
I call the shadow Solicitor General.
(South Leicestershire)
(Con)
May I, too, welcome the Solicitor General not just to the House,
but to her place? I thank the shadow Attorney General for his
warm words and for the good nature of yesterday's election.
Only a few weeks ago, the National Police Chiefs' Council and the
College of Policing issued a joint national policing statement on
violence against women and girls, which said:
“We are transforming the way police officers investigate rape and
serious sexual offences and over the last year we have trained
over 4,500 new officers in investigating this complex crime.”
The Solicitor General does not have direct responsibility for
policing services, but she did say that she would be working with
her Home Office and Ministry of Justice colleagues, so can she
confirm that those 4,500 newly trained officers, who were trained
under the previous Conservative Government, will dedicate the
majority of their policing activities to working on cases
exclusively involving violence against women and girls?
The Solicitor General
I echo other hon. Members in congratulating the hon. Gentleman.
As we have said, the mission to halve violence against women and
girls within the next decade is a central priority for the
Government. One aspect of that will be cross-departmental working
between the Attorney General's office, the Home Office and the
Ministry of Justice, as well as with other departmental
colleagues. It is an absolute priority and at the moment—in the
earliest stages—we are looking at exactly how we will do that. It
is right that those priorities are communicated to every branch
of the criminal justice system, including policing, the Crown
Prosecution Service and other agencies involved.
Mr Speaker
I call the Liberal Democrat spokesperson.
(Glastonbury and Somerton)
(LD)
Just one in 83 rape offences recorded by Avon and Somerset Police
last year resulted in a charge or court summons. Compared with
other police forces in the south-west, that represents a
significant increase in 2023-24 for rape and sexual offence
crimes. Does the Solicitor General agree that more needs to be
done to strengthen the justice system as a whole to properly deal
with sexual violence and domestic abuse, not just in Avon and
Somerset but across England and Wales?
The Solicitor General
I entirely agree with the hon. Member that this needs to be an
absolute priority and that we need to drive improvements in
conviction rates. That is why there is a commitment to introduce
specialist rape courts, working to fast-track rape cases and
driving down wait times, and why it is important, at the start of
the system, to put domestic abuse experts in 999 control rooms.
It is that whole suite of measures that will lead to the
improvements that we all want to see.
Shoplifting: Prosecutions
(Torbay) (LD)
3. What steps she is taking to help increase prosecution rates
for shoplifting.(900393)
The Solicitor General ()
Our safer streets mission will drive essential change to bring an
end to the epidemic of shoplifting that is plaguing our high
streets. Between 2018 and 2023, under the last Government, the
charge rate for shoplifting offences went down significantly, by
5%, so we are seeing 10,000 fewer charges a year. Rather than
criminalising vulnerable people, this Government believe that
criminal gangs have been emboldened by poor enforcement and
immunity for low-level shoplifting. We are not prepared to stand
by and allow that to continue, which is why the time is right to
take action against that unacceptable behaviour.
I congratulate the Solicitor General on their appointment. The
British Retail Consortium identified a £1.7 billion cost to
traders from the offence. Having spoken to traders in Torquay and
Paignton, I know that it has a massive impact on the viability of
them trading on our high streets. How will the Solicitor General
ensure that we expedite shoplifting prosecutions?
The Solicitor General
I thank the hon. Gentleman for raising this matter. Members will
be all too aware of the impact that such offences have on our
constituents, whether they are customers or business owners. The
police are working closely with CPS colleagues to prosecute
shoplifting, but we know there is more to do. Among additional
measures, the Government will introduce a new offence of
assaulting retail workers, in order to protect the hard-working
and dedicated staff who work in those stores. There are other
things that we can do, but that is a start.
Rioters: Prosecutions
(Sefton Central) (Lab)
4. What steps she is taking to help ensure rioters are prosecuted
efficiently and effectively.(900394)
(Rother Valley) (Lab)
8. What steps she is taking to help ensure rioters are prosecuted
efficiently and effectively.(900399)
The Solicitor General ()
There seem to have been a lot of congratulations this morning,
and I congratulate my hon. Friend the Member for Sefton Central
() on being elected as Chair of
the Energy Security and Net Zero Committee.
The Prime Minister and the Home Secretary have been clear that
there is no place for senseless violence on our streets. During
the summer, after the recent disorder, the Crown Prosecution
Service deployed an additional 100 prosecutors, expanded its
24-hour charging service and received additional advice from the
Director of Public Prosecutions to enable it to charge more
quickly. The deterrent effects of this swift action are an
example of how the system can work well when it works
together.
I thank the Solicitor General for her kind words, and I
congratulate her in turn on her appointment. I also congratulate
the Government on their excellent response to the riots over the
summer, which she has just outlined.
My hon. and learned Friend has talked about the early release
scheme, which is, of course, the result of the shortage of prison
places inherited from the previous Government, but does she agree
that those convicted and imprisoned as a result of the riots, and
those imprisoned for inciting the riots, should not benefit from
the early release scheme?
The Solicitor General
I express my solidarity with my hon. Friend and his constituents,
who will have been closely affected by the awful recent events in
his neighbouring constituency. I know the Attorney General was
deeply moved by his recent visit to Southport and what he learned
there.
On the early release scheme, my hon. Friend will have heard the
Lord Chancellor set out very clearly this week the importance of
taking action on the mess on prison places that this Government
inherited. Without the action we have taken, courts would have
been unable to hold trials, the police would have been unable to
make arrests and there would have been a total breakdown of law
and order. The Lord Chancellor has provided details of the
scheme, including its carefully considered safeguards. The scheme
will apply across the board to all offenders, including rioters
and those convicted of the most serious offences.
It is wonderful to see my hon. and learned Friend at the Dispatch
Box. I also congratulate the Government on the speediness with
which justice has been done for many of the summer's rioters,
which is testament to the good work of the CPS and defence
lawyers. What lessons can be learnt more generally to ensure that
speedy justice can occur for specific offences, particularly
domestic violence?
The Solicitor General
The main lesson that we can take from this is how well the system
can work when all of its constituent parts—the police, the
leadership at the top of Government, and the CPS—all pull in the
same direction. That approach will inform this Government's
commitment to mission-led government, which will bring all the
key elements of the criminal justice system together and ensure
that decisions are taken with the whole system in mind. That will
particularly apply to the mission on halving violence against
women and girls.
Street Crime: Prosecutions
Ms (East Thanet) (Lab)
6. What steps she is taking to help ensure the effective
prosecution of street crime.(900397)
The Solicitor General ()
This Government have made tackling antisocial behaviour, which
blights our streets and threatens many of our communities, a top
priority. The new crime and policing Bill announced in the King's
Speech will include strong measures to tackle antisocial
behaviour, to support neighbourhood policing and to give the
police stronger powers to crack down on antisocial behaviour and
keep our streets safe.
Ms Billington
What we have noticed, particularly in town centres such as
Ramsgate and Margate, is that antisocial behaviour, drug dealing
and street crime, particularly knife crime, continue because of
people's anxiety about giving evidence against the criminals.
What will my hon. and learned Friend and the Government do to
give people confidence that the criminal justice system and
prosecutions will flow once they have given their evidence?
The Solicitor General
Just this week the Prime Minister met police, victims, families
and media companies specifically to discuss knife crime, which
plagues my hon. Friend's community and many others across the
country. The Prime Minister has promised to double down on these
crimes, and to halve them in the next decade. I am part of a
cross-departmental team that will work to deliver this. The
Government are committed to taking back our streets by increasing
the amount of neighbourhood policing, recruiting more prosecutors
to deal swiftly with these crimes and bringing forward laws to
ban zombie knives and machetes.
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