Covid-19: Emergency Worker Assault Cases
(Calder Valley) (Con)
1. What assessment she has made of the effectiveness of the
handling by the CPS of emergency workers' assault cases during the
covid-19 outbreak. [902939]
(Ashfield) (Con)
6. What assessment she has made of the effectiveness of the
handling by the CPS of emergency workers' assault cases during
the covid-19 outbreak. [902947]
The Attorney General ()
A disappointing feature of this pandemic is the number of
assaults on emergency workers, but I am reassured by the robust
approach that the Crown Prosecution Service has taken. During the
first month of lockdown, the CPS prosecuted more than 300 cases
of assaults against emergency workers. It is clear that, when an
individual threatens to infect an emergency worker by
deliberately coughing or spitting, it will be treated extremely
seriously by prosecutors.
The scenes experienced here in London yesterday show us at first
hand the total disregard that some people have for our emergency
workers, not least by flouting the social distancing rules and
showing a total disregard of the safety of our frontline
officers. What is just as disturbing is that one of our own
colleagues allegedly decided to disregard social distancing
yesterday and put all the House staff at risk, not to mention his
own colleagues. Can my right hon. Friend say what changes have
been made to our CPS arrangements for charging offences against
emergency workers?
The Attorney General
My hon. Friend raises an important point. I know people out there
are feeling pain and anger. They must know that their lives
matter—all lives matter—but violence and aggression are not the
way forward. We are living through an unprecedented pandemic. The
police are doing a heroic job in difficult circumstances and I
urge people to follow the social distancing guidelines so that
lives are saved. The Crown Prosecution Service issued an interim
charging protocol earlier this year, which made it clear that
covid-related offences are to be prioritised with an immediate
charging decision, and I am glad that we have seen some robust
approaches to such offences.
My constituents are extremely concerned about the increase in
instances of assault against emergency workers and, after last
night’s disturbing scenes outside this building, it is no wonder
why. Does the Minister agree that an effective method of tackling
these crimes once the individual has served their custodial
sentence would be restorative justice, whereby the CPS works
locally with the police to ensure they use restorative justice?
For minor crimes that do not carry a custodial sentence, out of
court disposals could be used.
The Attorney General
My hon. Friend is right that those scenes of people attacking our
heroic police officers were frankly sickening. It is obviously a
matter for operationally independent police forces to use their
flexibility and discretion as they see fit. My hon. Friend is
right that out of court disposals can allow police to deal with
low-level offending and first-time offending swiftly and
efficiently. Whether that would be appropriate in those cases, I
am not so sure personally: assaults on emergency workers are
particularly callous. They are heroic men and women who are
sacrificing their own health and safety in the service of others.
It will always depend on the individual facts of the case and
will always be a decision ultimately for the independent police
force.
(Lewisham West and Penge)
(Lab)
Can the Attorney General confirm that in assault cases, as in all
other covid-related offences, the law should apply equally to
all, and that as superintendent of the CPS by tweeting her
support for , she undermined the
impartiality of her role and the rule of law?
The Attorney General
It is plain for any reasonable observer to see that there was no
question whatever of my having provided any public legal view on
the matter to which the hon. Lady refers. To suggest that that
was somehow a legal opinion is simply absurd. She should know
that I have no role whatever to play in the day-to-day decisions
on individual cases. I respect and have full confidence in the
operational independence of the CPS and the police, and I would
gently encourage her to share my support and share my confidence
in them.
(Bromley and Chislehurst)
(Con)
This is the first time I have had the chance in the Chamber to
welcome the Attorney General to her post. I hope that she will
take up the invitation to appear before the Justice Committee
before the summer recess.
The Director of Public Prosecutions has rightly detailed to the
Committee the way that charging protocols and priorities work,
but there has been concern that when we drop below the serious
cases of assaults on emergency workers, covid-related charges
were made by the police in other cases without reference to the
CPS at the initial point of charge, and people were charged under
the wrong section or when the evidential test was not made. Will
she ensure that CPS advice is made available to the police for
all charging decisions for all covid-related cases under the
regulations or otherwise, to ensure that we do not get a
repetition of that unfortunate state of affairs?
The Attorney General
My hon. Friend makes me an invitation I simply cannot refuse, and
I look forward to appearing before his Committee in due course.
He will know that the Coronavirus Act 2020 and the associated
regulations were brand new pieces of legislation introduced at
pace and at a challenging time. The CPS has committed to
reviewing all of its prosecutions brought under that legislation
to ensure that the new laws are being applied correctly and
appropriately in all cases. It has carried out a review and in a
relatively small number of cases there was some confusion. The
police and CPS have committed to instilling new guidance to
ensure that mistakes do not get made again.
(Enfield, Southgate) (Lab)
Transport workers also provide essential services and on 22
March, while on duty at Victoria station, Belly Mujinga was spat
at by a man who said that he was infected with covid-19. Eleven
days later, she was dead from coronavirus. British Transport
police have decided not to refer the matter to the Crown
Prosecution Service for prosecution—not even for common
assault—so can the Attorney General demand the investigation be
reopened and demand swift action, so that there can be justice
for Belly Mujinga’s family?
The Attorney General
This was a tragic incident and it was appalling, frankly, that
Belly Mujinga was abused for doing her job at Victoria station.
My thoughts are with her friends and her family. British
Transport police did conduct an investigation following reports
that a man claiming to have covid-19 coughed and spat at Ms
Mujinga and a colleague. Their investigation found no evidence
that an offence had occurred of that type.
Covid-19: Virtual Hearings
(Blackpool South) (Con)
2. What assessment she has made of the ability of the CPS to
participate successfully in virtual hearings during the covid-19
outbreak. [902941]
(Stourbridge) (Con)
5. What assessment she has made of the ability of the CPS to
participate successfully in virtual hearings during the covid-19
outbreak. [902945]
(Gedling) (Con)
7. What assessment she has made of the ability of the CPS to
participate successfully in virtual hearings during the covid-19
outbreak. [902949]
(Runnymede and Weybridge)
(Con)
8. What assessment she has made of the ability of the CPS to
participate successfully in virtual hearings during the covid-19
outbreak. [902950]
The Solicitor General ()
Prior to the covid-19 outbreak, CPS lawyers had participated in
only a handful of audio and video hearings. I am now pleased to
say that since 2 April, CPS prosecutors have appeared in over
4,000 virtual hearings across magistrates and Crown courts.
I am grateful for the response from my right hon. and learned
Friend and I know that he will share my commitment to ensuring
that all members of society can have equal access to justice and
virtual hearings. In that regard, what steps is he taking to
ensure that victims with hearing impairments are able to
participate in remote hearings?
The Solicitor General
I thank my hon. Friend for that very important question. The CPS
is working closely with the Courts and Tribunals Service and
interpreters to ensure that victims, witnesses and defendants
with hearing impairments of any sort can properly participate in
virtual proceedings. It is important, and virtual hearings with
hearing-impaired defendants have already taken place effectively.
We will continue to monitor the situation.
What learning can the justice system take from this period and
will virtual hearings continue in future?
The Solicitor General
The CPS will and needs to engage in evaluation exercises on this
subject with partners as part of its future working programme to
assess the impact of video hearings. There is a lot to learn and
we can identify benefits and learn lessons. Where there are
advantages for all court users going forward, we would want to
see those in place.
(Gedling) (Con)
Justice delayed is often justice denied. What discussions has my
right hon. and learned Friend had with the Lord Chancellor in
order to deal with the backlog of cases in the system?
The Solicitor General
My hon. Friend is right to ask about the backlog and I am
concerned about it. It is inevitable that there will be a
backlog. Almost everything has been disrupted by this awful
pandemic and the courts are no exception, but work is ongoing
with the CPS, cross-Government partners and stakeholders to
contribute to planning on recovery and clearing the backlog. I am
pleased to say that the CPS East Midlands—his region—has been
working closely with the judiciary, the courts service and other
key partners to get the Crown court in his area up and running as
soon as possible. We need to focus on dealing with the backlog
and I can assure the House and him that every effort will be made
to do that.
Dr Spencer
One of the challenges of moving virtually is that it can act as a
barrier to certain groups, and I am sure that my right hon. and
learned Friend would agree that justice needs to be fair, open
and available to all. What measures are in place to support
people with vulnerabilities—such as people living with
disabilities and people with health and mental health issues—in
navigating the criminal justice system?
The Solicitor General
Vulnerable witnesses are entitled to a range of special measures
already, which are being utilised and are still in operation
during this outbreak, including screens to prevent the defendant
from seeing a witness, live links, remote links, giving evidence
in private, the prerecording of evidence and the removal of wigs
and gowns. Measures are in place and are still in operation to
make it easier for vulnerable witnesses and defendants, but I
accept that there are challenges.
(Edinburgh South West)
(SNP)
Whether proceedings are virtual or otherwise, the Crown
Prosecution Service must discharge its functions without fear or
favour, and so must the Law Officers, given their responsibility
for oversight of the CPS. Does the Solicitor General agree
therefore that the Law Officers should in future refrain from
joining in the sort of orchestrated political tweeting we saw
about Mr Cummings’s cross-country travels, given that such tweets
may have the potential to prejudice any subsequent police
investigation or prosecution?
The Solicitor General
I do not agree with the premise of the hon. and learned Lady’s
question. The fact of the matter is that she is seeking herself
to politicise the situation. This is not a partisan issue; we all
recognise, respect and cherish the independence of the Crown
Prosecution Service, and that is a long tradition in this
country.
(Stockton North) (Lab)
May I congratulate my hon. Friend the Member for Lewisham West
and Penge () on her first physical
appearance at the Dispatch Box as our shadow Attorney General?
There were 394 assaults on police officers in just the Thames
Valley and Kent police force areas between March and April—more
than the total number of prosecutions nationally. Given that
assaults across the country must run into thousands, how is the
CPS, bereft of resources, going to prosecute all those cases,
virtual or otherwise?
The Solicitor General
I thank the hon. Gentleman for that question. I am pleased to say
that the CPS is not bereft of resources. In fact, £85 million was
sent to the CPS before this crisis broke out, which was 100% of
its request for funds. Assaults against police officers and all
emergency workers are taken extremely seriously by the courts.
They are given priority by the Crown Prosecution Service, and we
are dealing with those matters. The system is dealing with those
matters robustly, and I think the evidence will show that.
(Garston and Halewood)
(Lab)
The Solicitor General has just said that he realises that there
are concerns about virtual hearings. Can he be a bit clearer
about what steps the Government are now taking to ensure that
vulnerable witnesses and vulnerable defendants in particular are
properly protected during this period? Beyond accepting that
there is an issue, what is being done to ensure that justice is
done and seen to be done in virtual proceedings?
The Solicitor General
The hon. Lady is absolutely right to raise that point, which
applies, as she says, to vulnerable defendants as well as
witnesses—to all participants in these proceedings. Each
individual court—each tribunal—is responsible for ensuring the
best possible course of action in each individual case. A virtual
hearing will not be appropriate in every case. Where there are
particularly vulnerable persons involved, perhaps a virtual
hearing will not be appropriate, but we do not micromanage that.
We ask each individual judge to have that in mind when making
decisions about virtual hearings, but where they take place, we
want and expect them to do so in the confines of a situation
where everyone feels comfortable and able to perform the
functions required of them.
(Aylesbury) (Con)
The CPS has done sterling work to ensure that offenders can still
be brought to justice in the current crisis, but can my right
hon. and learned Friend give me more details about how it has
ensured that the best interests of victims, many of whom may
never have experienced the courtroom system before, are being
served?
The Solicitor General
Sometimes alternative mechanisms are in place. For example,
remote hearings can take place using more than one courtroom, and
it is sometimes possible for hearings to take place via
technology from the home of various individuals. However, each
individual circumstance will have to be looked at in assessing
each individual, appropriate measure in each case. Caution is
being exercised, but 4,000 virtual hearings have already taken
place in the magistrates and Crown courts, and we expect to see
more of them.
Covid-19: Government Support for Law Firms
(Hornsey and Wood Green)
(Lab)
4. Legal aid practitioners play a key role in access to justice.
What consideration have the Government given to hard-pressed
legal aid lawyers who, for example, need more flexibility with
their billing or business rate relief to keep going, so that when
cases reopen in courts, they can pick that up? [902944]
The Solicitor General ()
The hon. Lady asks an important question about support for law
firms during the outbreak, and the CPS has made changes to its
systems for paying fees to advocates to help support them during
this difficult time. I joined a virtual meeting of the Bar
Council, and the Bar is conscious of and content with the work
that the Government have done—of course, there is always more
that can be done—to relieve financial pressure. I see, and we are
grateful for the fact, that the Inns of Court have been
supporting junior barristers financially with ongoing funds. The
Ministry of Justice is working closely with legal practitioners
to understand the impact of covid-19, and streamlining the
process for financial payments.
(Burnley) (Con)
One of the biggest problems we have in bringing prosecutions
against those who assault our emergency services is a lack of
evidence. Could the Solicitor General set out what steps are
being taken to make sure that the CPS has access to such
evidence, including making sure that our emergency services have
better access to body cameras?
The Solicitor General
I am grateful for my hon. Friend’s question, and we will
certainly take on board what he says. Body cameras are of course
an increasingly used piece of evidence. This does, in effect,
often add a workload burden on the court system because there is
so much video evidence—so much more virtual evidence—now coming
into play. However, the Crown Prosecution Service has seen a
dramatic increase in its funding from Her Majesty’s Government,
and we will be making sure that payment for members of the legal
profession is expedited where we can do so.
(Lewisham West and Penge)
(Lab)
The coronavirus pandemic has exposed inequalities facing the
black, Asian and minority ethnic community, and the legal sector
has proved no exception: 55% of BAME barristers earn more than
half of their income from legal aid, and 84% cannot survive a
year without support. What urgent action will the Solicitor
General take to reverse the Legal Aid, Sentencing and Punishment
of Offenders Act 2012 and to restore funds to legal aid?
The Solicitor General
We are supporting the legal aid system, as we always have done.
The reality is that we are expediting outstanding fee schemes
where payments need to be made more quickly than normal; we have
reduced the stage lengths before payments are made in the cases
that are ongoing; and we have concluded main hearings and ongoing
cases and made payment before hearings have been concluded. A
multiple series of measures is being made to assist everyone at
the Bar and, in fact, in all branches of the legal profession,
including payments of up-front fixed fees of £500 for covid-19
matters. Every measure is being taken to support the legal
profession, but I accept that there are challenges, as there are
in many professions during this crisis.
