Victims and Witnesses in Court
(Ellesmere Port and Neston)
(Lab)
1. What steps the Crown Prosecution Service is taking to support
(a) victims and (b) witnesses giving evidence in court. [911724]
The Solicitor General (Lucy Frazer)
The hon. Gentleman makes an important point about how the justice
system supports those who come before it, and witnesses and
victims are an important part of that. One way in which the CPS
supports victims and witnesses is through the pre-recording of
cross-examination evidence, which takes considerable pressure off
vulnerable witnesses. Following a successful pilot in three
locations, the scheme was rolled out last month to a further six
courts, including in Chester.
The latest Home Office figures show that only 1.7% of reported
rape cases even reach the charging stage, so what measures has
the CPS put in place to support rape victims giving evidence?
What is being done to support the other 98.3% of victims?
The Solicitor General
The CPS takes seriously its role in ensuring that prosecutions do
come before the courts. As the hon. Gentleman will know, a
cross-governmental review into rape and sexual offences is under
way and has already completed its first stage of collecting
evidence. We are now looking at the whole system for rape and
other serious sexual offences to see how we can improve every
stage, including getting more prosecutions and convictions.
(Banbury) (Con)
I will not go into the details, but we have had a sensitive local
case in which a victim of child sexual exploitation was not
supported. A trial did not take place, through no fault of her
own. What further action can the Solicitor General take to ensure
that victims are supported at all stages of the process?
The Solicitor General
My hon. Friend makes an important point. Last month, I visited
the CPS areas of London North and London South and talked about
those very issues. I also visited SurvivorsUK, a charity that
deals with male victims of sexual abuse, to talk about how we can
support people before, during and after the process, which is a
critical time.
(Torfaen) (Lab)
It is indeed shocking that 98.3% of reported rapes are not even
charged. In a significant number of those cases, further evidence
is sought from the police by the CPS, but it simply is not
provided. Has the Solicitor General asked the police and her
colleagues at the Home Office why that is happening?
The Solicitor General
The hon. Gentleman is right to highlight the importance of
collaboration between the CPS and the police. I know that they
work closely together, because I regularly meet with the Director
of Public Prosecutions, who is working with the police on matters
across the board, including several relating to disclosure. I
recently met with Assistant Commissioner Nick Ephgrave to ensure
that we get people to come forward. The number of recorded
serious sexual offences is going up, but we need to improve on
that, and steps are being taken by the CPS.
With the greatest respect to the Solicitor General, this is an
urgent situation and that is not an answer to the specific
question. The reality is that the Crown Prosecution Service is
referring matters back to the police, and the police are not
coming back to the Crown Prosecution Service with that further
evidence.
The Solicitor General mentioned a review in answer to my hon.
Friend the Member for Ellesmere Port and Neston (Justin Madders),
but something has to be done about this now. Will she undertake a
forensic analysis of why these statistics are so bad, and will
she do something about it?
The Solicitor General
The hon. Gentleman raises an important point that shows how the
CPS and the police are working better together. The CPS is
sending cases back to the police because it is reviewing those
cases to ensure they are ready and will not fall when they go to
court. Having spoken to the assistant commissioner, I know that
93,000 police officers have undertaken disclosure training to
ensure they are better trained so that these cases are ready for
trial and will secure successful prosecutions.
Unduly Lenient Sentence Scheme
(Shipley) (Con)
2. If he will extend the list of offences included in the unduly
lenient sentence scheme. [911725]
The Solicitor General (Lucy Frazer)
I know my hon. Friend takes very seriously the importance of
getting appropriate sentences for those who are convicted, and he
worked closely with my predecessor on extending sentences for
those who had received lenient sentences. The ULS scheme remains
an important part of the justice system to ensure justice for
victims’ families.
I can tell my hon. Friend that, in 2018, the Law Officers
referred a fifth of all eligible cases to the Court of Appeal
and, of those, 73% were found to be unduly lenient. In answer to
his question, we are looking carefully at the ambit of the
scheme.
It has been a long-standing promise of this Government to extend
the unduly lenient sentence scheme to other offences. Apart from
a bit of tinkering, they have basically done very little. May I
urge the Solicitor General to get on with it and extend the
unduly lenient sentence scheme so that we can have appropriate
sentences? That would be good for victims and for restoring
people’s faith in the criminal justice system.
The Solicitor General
I assure my hon. Friend that I am looking at this with the
Ministry of Justice, but the increase in the number of offences
is more than just tinkering. For example, since its inception,
the ULS scheme has been extended to some sexual offences, child
cruelty, modern slavery and, in 2017-18, a number of
terror-related offences. This is something we are looking at.
Mr (Huddersfield)
(Lab/Co-op)
Can we have clarity on how the scheme works? I have written to
Ministers complaining about too lenient sentences and about too
severe sentences, and I never hear back. Can we have an
explanatory memorandum on how the scheme works and what the
follow-up should be?
The Solicitor General
I am happy to do so. A few hon. Members have referred cases to
me, and I always write back, so I apologise if that has not
happened. If any cases to do with my responsibilities come to
him, I would like to know about that. We can discuss how the
system works in more detail outside the Chamber but, in brief, a
large number of people write to us about cases, which have to
satisfy a number of thresholds. The cases have to be referred
within 28 days, the sentences have to fall within the scheme and
they have to be unduly lenient, not just lenient. There has to be
a prospect of the Court of Appeal considering this to be outwith
the range. I am happy to discuss these issues with him in more
detail.
(Chipping Barnet)
(Con)
Many of my constituents were shocked when a fatal stabbing
occurred on a quiet residential street in east Barnet. Will the
Government consider whether it is time to introduce a tougher
sentencing regime for knife crime?
The Solicitor General
The Government have taken a number of measures in relation to
knife crime, not only on which weapons can be carried but on the
consequences of such offences, including restrictions on the use
of the internet and curfews. The Government take this issue
seriously, and I am sure the Ministry of Justice, which is in
charge of sentencing, is considering these issues.
(Strangford) (DUP)
Does the Solicitor General believe this scheme is effective
enough? We see that, of 943 applications under the scheme in
2017, only 143 were successful in seeing a change to a sentence.
Is she prepared to review the scheme in the light of that?
Mr Speaker
I admire very much the hon. Gentleman’s American tie. He is
auditioning for a new role as a fashion specialist.
The Solicitor General
I point out to the hon. Member for Strangford (Jim Shannon) that
73% of the cases that were referred by the Attorney General’s
office resulted in an increase in convictions. The reason for the
disparity between the number of cases that are referred to my
office and the number that go to the Court of Appeal is that a
large number of them do not fall within the scheme in the first
place, either because they are out of time or because the
offences do not fall within the scheme. We must always remember
that the judge has heard the trial, heard the evidence and read
the pre-sentence report. Judges up and down the country are doing
an outstanding job to ensure that, when crimes have been
committed, perpetrators get the sentences that they deserve and
victims get the justice that they deserve.
Drugs Gangs
Mr (Kettering) (Con)
3. What recent progress the CPS has made in prosecuting drugs
gangs in (a) Northamptonshire and (b) England. [911727]
(Mid Worcestershire)
(Con)
7. What recent assessment he has made of the performance of the
CPS in prosecuting drugs gangs operating in the UK. [911734]
(Chelmsford) (Con)
8. What recent assessment he has made of the performance of the
CPS in prosecuting drugs gangs operating in the UK. [911735]
The Attorney General (Mr Geoffrey Cox)
The Crown Prosecution Service is working closely with the police
and other Government Departments to prosecute these increasingly
complex crimes. In that great county of Northamptonshire, in
which the constituency of my hon. Friend the Member for Kettering
(Mr Hollobone) is situated, the Crown Prosecution Service
prosecuted no fewer than 337 defendants for drugs offences and
secured 305 convictions in the year to 2018. The conviction rate
for drugs offences in England is over 90%, and last year alone
39,000 convictions were secured by the Crown Prosecution Service
for these offences.
Mr Hollobone
Northamptonshire police have done much good work in recent weeks
in raiding local cannabis farms and breaking up county lines drug
operations linking London with Kettering and other parts of
Northamptonshire. Does the Attorney General agree that, when the
police catch people doing these awful things, it would help if
the Crown Prosecution Service pressed for exemplary sentences to
be awarded?
The Attorney General
I strongly agree that it is necessary for us to bear down on
drugs gangs, and on county lines drugs gangs. My hon. Friend will
know that the Government’s serious violence strategy makes that a
priority. In just one week in May, in a targeted effort of
co-ordinated law enforcement activity, there were 586 arrests in
connection with county lines drugs gangs, and 519 adults and 364
children were entered into safeguarding measures. That is a
particularly fine record. I also agree that sentencing must be
commensurate with the gravity of the crimes. We will continue to
monitor and follow the drugs sentencing guidelines that are
connected with these crimes.
The Attorney General is well aware that drug trafficking is an
issue not just for urban areas, but for rural areas, villages and
towns. How is he assisting more rural agencies, the CPS and, for
example, West Mercia police in tackling drug trafficking?
The Attorney General
My hon. Friend asks a good question in relation to rural crime.
We must not forget that drugs offending extends into rural
areas—quite often from the larger cities—and particularly into
coastal communities such as those that I have the honour of
representing. It is important that we do not lose sight of the
rural dimension of drugs offences. I can assure him that we will
be vigilant about ensuring that in the strategies of the
Government, the police and the Crown Prosecution Service, rural
drugs offending is not omitted from our considerations.
In Chelmsford, we have found that the increased number of police
on the ground, coupled with the firm use of stop and search, has
led to a large number of arrests and then prosecutions. Does my
right hon. and learned Friend agree that it is vital that all law
enforcement agencies work together to tackle drugs gangs?
The Attorney General
I completely agree with what my hon. Friend has said, and it
applies, if I may say so, not only to law enforcement agencies,
but to other agencies as well. We cannot forget that,
particularly in county lines offending, there is a wide range of
other dimensions at play and safeguarding agencies are also very
important.
Leaving the EU
(Cumbernauld, Kilsyth
and Kirkintilloch East) (SNP)
4. What recent assessment he has made of the effect of the UK
leaving the EU without a deal on the priorities for his Office.
[911730]
(Glasgow East) (SNP)
5. What recent assessment he has made of the effect of the UK
leaving the EU on the priorities for his Office. [911732]
The Attorney General (Mr Geoffrey Cox)
The priorities of my office are set out in the published business
plan for this year. In relation to the UK’s withdrawal from the
European Union, my priority continues to be to support the
successful delivery of the Government’s objectives by giving
legal and constitutional advice within the Government. I am of
course also engaged in the support of preparations for future
international co-operation between the Law Officers’ departments,
and with prosecution and other criminal justice operations.
I am pleased to hear that the Attorney General is committed to
continuing to provide sound legal advice in the face of fantasy
politics, which he has a good track record in. Will he confirm
that it is the Government’s position that after a no-deal Brexit,
article 24 of the general agreement on tariffs and trade cannot
be unilaterally invoked to ensure a standstill in current trading
arrangements, and that the EU cannot and will not be compelled to
trade on that basis?
The Attorney General
Yes.
If, as appears to be the case, the right hon. Member for Uxbridge
and South Ruislip (Boris Johnson), of whom the Attorney General
is a supporter, does become the next Prime Minister, will the
Attorney General support the right hon. Gentleman’s refusal to
rule out a Prorogation of Parliament for a no-deal Brexit? Does
he agree that that would surely be an act of constitutional
vandalism?
The Attorney General
That question will be reviewed at the time. The circumstances of
any application for Prorogation are a matter not for me but for
the Prime Minister and Her Majesty.
(Dudley South) (Con)
Will the Attorney General confirm that, with or without a deal,
British citizens will still be able to assert their fundamental
rights through the British courts after Britain has left the
European Union?
The Attorney General
Of course, the United Kingdom, in all its jurisdictions, has one
of the strongest records for the rule of law in the world. I have
no doubt that that will continue.
(Paisley and Renfrewshire
North) (SNP)
Further to the answer given to my hon. Friend the Member for
Glasgow East (David Linden), the Institute for Government has
noted that if Parliament was prorogued to facilitate no deal, it
would not be possible to pass any Bills or the remaining
secondary legislation needed to prepare the UK statute book for
such an outcome. Does the Attorney General therefore agree that
leaving the EU without a deal and with no functioning Parliament
would lead the country into a legislative black hole at a time
when people throughout the country would be looking to the
Government for emergency actions?
The Attorney General
The House has been given the opportunity of leaving the European
Union with a deal on three separate occasions. I do not recall
the SNP ever voting for one of them. The answer is quite simple:
we can still pass a withdrawal agreement and leave the European
Union in an orderly way, but it is now quite clear that the
imperative to leave the European Union is overriding. We must
leave, and in my view we must do so this year—on 31 October.
Sexual Abuse Conviction Rates
(East Worthing and Shoreham)
(Con)
6. What recent steps he has taken to improve conviction rates in
sexual abuse trials. [911733]
The Solicitor General (Lucy Frazer)
Sexual offences, especially rape and child sexual abuse, are
devastating crimes, and across Government we are looking into how
we can improve conviction rates and prosecutions in this area of
law. As part of the March 2019 violence against women and girls
strategy refresh, we have been collecting evidence to help to
inform the making of policy going forward. That collection of
evidence is now complete and we are now looking across Government
at how we can improve the criminal justice system in this area.
Court business continues to be dominated by historic sex abuse
cases, while conviction rates for recent crimes remain
depressingly low. Does the Minister agree that the securing of
convictions needs more up-front working, with victims, witnesses,
social services, Victim Support, the police and other agencies,
to make it easier for victims to come forward and to make the
court system more user friendly? What discussions does she have
with ministerial colleagues to that end?
The Solicitor General
It is absolutely right that we need to investigate those cases
and work closely with stakeholders and inter-agency partners at
an early stage, and that is exactly what the CPS and the police
are doing. There is an inter-ministerial group on this matter, on
which I serve, and we met last month to discuss these issues. A
large number of stakeholders are involved in the study we are
doing, including Women’s Aid, Refuge, Citizens Advice, the
Survivors Trust and the Victims’ Commissioner, and they are all
inputting in this important policy area. I am due to meet the
Victims’ Commissioner this afternoon to discuss these issues
further.
(Newcastle upon Tyne Central)
(Lab)
Newcastle’s sexual exploitation hub brings together the police,
victim support and social services to provide a wrap-around
service for victims of these horrendous crimes, particularly for
vulnerable young women who often cannot access the support
available for children, which is something that the Spicer review
said needed to change. But there is no statutory funding for the
hub; at a time when police and local authority funding is under
such pressure, it risks losing its funding and ability to provide
this remarkable support. Will the Minister look at providing
statutory funding for hubs of this kind?
The Solicitor General
I am very pleased that the hon. Lady has raised the important
work that is going on in her constituency and am very happy to
discuss that with her. I was very pleased to see some joint
working when I went to Wales: I saw how the courts and all the
inter-agencies were working together—I attended an inter-agency
group that was working collaboratively. Collaborative working is
essential. I am very happy to meet and to discuss the issue with
her.
Mr Speaker
The hon. Member for Worthing West (Sir Peter Bottomley) is
wearing an admirably bookish tie—presumably a commentary on his
learning and scholarship.
(Worthing West) (Con)
It is ambition, Mr Speaker.
Fantasists wrongly and unsuccessfully twice accused me of serious
sexual offences. When my hon. and learned Friend attends her
inter-departmental group, will she please make sure that each
person reads the book “Behind the Blue Line” by Sergeant Gurpal
Virdi? It is a deeply shocking account of how one of Britain’s
largest institutions brought the apparatus of the state to bear
on a campaign to destroy the life of one of its own finest
officers. I would welcome the chance to meet my hon. and learned
Friend, the Attorney General, or both, preferably with the Home
Secretary there as well, to decide on an investigation into how
the CPS and the police did such shocking things.
The Solicitor General
I am very happy to give a commitment to meet my hon. Friend. I
cannot speak for others, but I am very happy to meet him and will
look forward to reading a copy of the book that he mentions.
(Bristol West) (Lab)
In relation to conviction rates for sexual abuse trials, I would
like to ask the Minister whether she can comment further and
perhaps in more detail—perhaps in a meeting with me—on how she is
pursuing prosecutions, or how she is helping the court to pursue
prosecutions, for women who are trafficked here for the purposes
of sexual exploitation. They are often among the most vulnerable
and often the hardest to reach as witnesses, but often the ones
suffering the most egregious and appalling abuse.
The Solicitor General
I am very happy to meet the hon. Lady. I was with the CPS in
Canterbury last week, discussing some of the crimes in the Kent
area. I am very happy to discuss this very important matter with
her.
