Covid-19: Backlog of Cases
(Newport East) (Lab)
What steps she is taking with (a) the CPS and (b) partner
agencies in the criminal justice system to help reduce the
backlog of cases as a result of the covid-19 outbreak.
The Attorney General ()
Morning, Mr Speaker. The criminal justice response to the
pandemic has been truly collaborative, and I thank all frontline
staff for their incredibly hard work. The Crown Prosecution
Service is working closely with partner agencies to reduce the
backlog of cases in courts. That includes introducing internal
measures to manage larger, live caseloads and working to ensure
maximum throughput of cases at court. I am pleased to say to the
hon. Lady that Newport and Cwmbran magistrates court is now
listing cases in line with pre-covid timescales.
The backlog of cases has meant a serious delay in the ability to
access justice. As the Law Society has pointed out:
“Investing in legal aid for early advice and legal representation
will ensure judicial time is used as efficiently as possible in
cases which do go to court.”
What is the Attorney General doing with the Lord Chancellor to
ensure that legal aid and early advice are funded properly to
help tackle the backlog?
The Attorney General
I am grateful for the question from the hon. Lady. I am working
with the Lord Chancellor and with all Government Departments to
support publicly funded lawyers. At the beginning of the
pandemic, the CPS, for which I am mainly responsible, made
changes to its system for paying fees to advocates to help
support them during this difficult time. In August, the
Government invested a further £51 million into the criminal legal
aid fee scheme to better reflect the important work that publicly
funded barristers provide.
(Bromley and Chislehurst) (Con)
I and members of the Justice Committee join the Attorney General
in paying tribute to all those in the justice system who have
worked very hard to deal with the extra pressures of the covid
pandemic. Recognising that, she will know of course that the Lord
Chief Justice has recently observed that a significant number of
multi-handed large-scale organised crime cases are likely to be
coming into the Crown court system in the coming year. That will
add to pressure because of the social distancing arrangements
required in Crown courts, and given that we are listing, at the
moment, some cases up to 2022, that is clearly not desirable. How
is she proposing that the CPS deals specifically with those
pressures given also the comments by the inspectorate around
disclosure still needing to be improved as that can cause delays
at trials?
The Attorney General
Again, my hon. Friend raises an important point, because, in
order to tackle the backlog and ensure that court activity
continues where possible, the CPS has moved over its Crown
advocates to increase its resources in reviewing cases and has
offered secondments to the Bar. That is something that has been
welcomed by the Bar and by the profession. That move to bring CPS
advocates in-house to deal with charging and case
progression—matters that my hon. Friend raises—ensures that the
CPS is in the best place to be ready for trials and to support
the courts recovery plan to deal with the backlog and, in
particular, those multi-handed trials, which are of concern when
it comes to bearing down on this backlog.
Mr Speaker
I now call shadow Attorney General, , to whom I send birthday greetings. Happy birthday.
(Lewisham West and Penge) (Lab)
Thank you very much, Mr Speaker, and I congratulate the Attorney
General on her happy news.
The CPS case backlog is up 55% since March; victims of domestic
violence are being told by police to pursue civil action rather
than criminal prosecutions because the courts are so overwhelmed;
and the latest figures show that domestic abuse prosecutions are
down by 19%. On the final day of 16 days of action against
gender-based violence, it is clear that the Government are
letting down victims on every front. What exactly is the Attorney
General doing about this?
The Attorney General
I wish the hon. Lady a happy birthday and thank her for her kind
wishes, but I have to disagree with the premise of her question.
Of course, the Government take very seriously the challenges
faced by vulnerable victims, particularly at this difficult time,
and we acknowledge there are challenges and strains in the court
system. That is why, earlier this year, the CPS introduced the
interim charging protocol with the police, which prioritised
high-harm cases, including those with victims of domestic abuse
or serious violence. That has enabled a slower decrease or fall
in the prosecutions of those cases.
We have also seen the roll-out of section 28 in 18 courts since
February, and, as of 23 November, throughout 82 Crown courts.
That is a real benefit for vulnerable victims who are going
through the traumatic experience of giving evidence in domestic
abuse cases and on sexual violence matters.
Immigration Offences: Prosecution
(Linlithgow and East Falkirk) (SNP)
What recent assessment she has made of the effectiveness of the
CPS’s policy on the prosecution of immigration offences.
The Solicitor General ()
The CPS is committed to prosecuting immigration crime to protect
UK borders, and, in particular, to bring to justice those who
exploit and facilitate the entry of illegal migrants. The CPS has
clear and published policy guidance on the prosecution of
immigration offences that reflects the memorandum of
understanding agreed between the CPS and Home Office Immigration
Enforcement.
[V]
The offence of facilitating unlawful immigration has previously
been used, quite rightly, to tackle smuggling gangs and
traffickers, but in recent months the Crown Prosecution Service
has started prosecuting refugees crossing the channel simply
because they were the unlucky ones forced to steer the boat. As
the chief inspector of borders has made clear, these people are
victims of the gangs—they are not gang members—so why are they
being prosecuted and put in prison, contrary to the spirit of UN
protocols and the published CPS guidance?
The Solicitor General
The CPS has not changed its policy on prosecuting immigration
offences. The joint approach between the CPS and Immigration
Enforcement is to consider prosecution for anyone who has been
involved in organising and planning these journeys—I emphasise,
the organising and planning—together with those responsible for
controlling the vessels. As always, every case has to be
considered on its merits and on the facts, and decisions must be
in line with the code in the usual way. Prosecutors have to be
satisfied about that, and prosecutors understand their
obligations.
(Cumbernauld, Kilsyth and Kirkintilloch East)
(SNP)
The Solicitor General referred to prosecuting the people who
control the vessels, but they are, as my hon. Friend the Member
for Linlithgow and East Falkirk () said, the victims of these gangs—not members of the
gangs—so there has been a change in CPS policy and practice. If
he wants to prove me wrong on that, will he publish the new note
or guidance on this offence that I understand was issued to CPS
lawyers last month, and will he also publish details of any
representations made by the Home Office in the last 18 months in
relation to this offence?
The Solicitor General
As I say, the policy is clear on prosecutors’ obligations. They
have obligations—the obligations that we have under article 31 of
the refugee convention—and it is well to point out that those
obligations are actually enshrined in our domestic legislation,
here in this honourable House. The domestic legislation in
section 31 of the Immigration and Asylum Act 1999 is quite clear
in this area. Those who facilitate, control and engineer these
offences are subject to prosecution.
Spending Review 2020 Additional Funding
(Kettering)
(Con)
What plans the CPS has to deliver improvements to services in (a)
Northamptonshire and (b) England from the additional funding
announced in the Spending Review 2020.
(Broadland) (Con)
What the CPS plans to deliver with the additional funding
announced in the spending review 2020.
The Solicitor General ()
The Government are investing across the justice system, with a
further £23 million for the CPS, on top of £85 million invested
over the past two years. That investment will enable the CPS to
respond effectively to the increase in caseload that we expect;
we are recruiting 20,000 new police officers. That will
strengthen our response to things like rape and serious sexual
offences.
Investing in the CPS demonstrates this Government’s commitment to
securing justice for victims of crime. I am pleased to say that
funding will support the recruitment of new roles across England
and Wales, including in CPS East Midlands, which covers
Northamptonshire—both my county and my hon. Friend’s county.
Mr Hollobone
Advocates for defendants at Northampton Crown court are regularly
using the fact that their client has waited so long for justice
during the pandemic as mitigation when seeking a lesser sentence
from the judge. How is the Crown Prosecution Service countering
such pleas so that convicted criminals receive the tougher
sentences that the public want to see?
The Solicitor General
I am grateful to my hon. Friend for mentioning Northampton Crown
court, at which I appeared for many years, both prosecuting and
defending. Sentencing is a matter for the courts. The CPS
prosecutors will assist the courts when it comes to sentencing to
ensure that all relevant factors are brought to the court’s
attention when considering a sentence.
Courts do have to have regard to guidance that the Sentencing
Council publishes on sentencing principles, including during the
covid pandemic. That includes advice that each case must be
considered on its own facts. The court has an obligation—my hon.
Friend is right to raise this—to protect the public and victims
of crime, and sentencing by our judiciary is actually very
robust. It is right, though, that judges hear mitigating features
as well as aggravating features. They do that, and they sentence
accordingly.
The Government should be commended for bringing down the number
of outstanding Crown court cases, prior to covid, to a 10-year
low, but of course the social distancing requirements of covid
have changed the situation. Is the Crown court system now keeping
up with the current inflow of cases? If not, how are the
Government going to get a handle on the backlog?
The Solicitor General
I thank my hon. Friend for his question, which is well made. We
have unlocked vital capacity by opening 16 so-called Nightingale
courts to provide 29 extra courtrooms, 10 of which are being used
for non-custodial types of cases and jury trials. We are
continuing to open more Nightingale courts. We are spending £110
million on a range of emergency measures to help courts to tackle
the impact of covid-19. We have recruited 1,600 additional staff,
who are using the cloud video platform, and that continues to
increase: virtual hearings are taking place more than ever. That
has now been rolled out to over 150 magistrates courts and about
70 Crown courts. A lot of work is being done to increase
capacity, but my hon. Friend is very right to raise this.
Rape and Sexual Assault: Prosecutions
(Rochdale) (Lab)
What steps she has taken to increase the number of prosecutions
relating to rape and sexual assault.
The Attorney General ()
Tackling rape is a priority for this Government, and £3 million
has been awarded to the CPS in this year’s spending review
specifically for rape and serious sexual offence work. This year
the CPS published its own rape strategy, “Rape and Serious Sexual
Offences (RASSO) 2025”, and has updated rape legal guidance and
training for specialist prosecutors. The CPS is also engaging
stakeholders on a joint action plan on rape, with the police,
aimed at improving joint working, launching in 2021.
[V]
I can rehearse the figures, as indeed the Attorney General can,
on declining rates of prosecution for rape and sexual violence.
The Victims Commissioner, , found that
only one in seven victims believes they will get any form of
justice through our criminal justice system. Does the Attorney
General agree that if rape is not to be a de facto matter of
impunity for the attacker, we must have the rape review published
as soon as possible, and that we have to see urgent action to
begin to bring these catastrophic and scandalous numbers down and
to give confidence to victims that they will actually get
justice?
The Attorney General
The hon. Gentleman is, with respect, wrong to suggest that
perpetrators of rape can behave with immunity—I think that was
the word he used. There is a real priority shared throughout
Government to bear down on the low rates of prosecutions and
convictions in this area. Following the publishing of the shadow
rape review, the Government have decided to delay publication of
the end-to-end rape review until 2021, so that we can ensure
proper engagement with the views and perspectives of
stakeholders. That will allow us to assess other recently
published findings, including the survey of victims of rape
undertaken by the Victims’ Commissioner. That is important work,
and we want to get it right.
(Lewisham West and Penge) (Lab)
Rape prosecutions are at their lowest level on record, and the
recent survey of survivors found that just 14% believed they
would receive justice by reporting the crime. Does the Attorney
General agree that violence against women is a violation of
women’s fundamental human rights, and does she therefore think
that instead of announcing unnecessary consultations on the Human
Rights Act 1998, which is there to protect victims and the
public, the Government should instead focus on addressing the
complete and systematic failures of the current criminal justice
system?
The Attorney General
The decline in criminal justice outcomes for rape is a cause of
deep concern for us all, and although the increased charge rates
in 2019-20 and in quarter 1 of 2020-21 have led to increases in
the volume of cases proceeding to prosecution following charge,
there is clearly more to be done.
The decline in this issue is complex and cross-system. It is why
the Government have commissioned an end-to-end rape review,
which, as I said, is due to publish next year. The CPS is
proactive in making improvements, including the publication of
its strategy, which deals head-on with trying to support victims
and to address the concerns expressed in the 2019 inspectorate
report. It has also published updated rape legal guidance for
public consultation. That is the way to get it right, so that we
can inject long-term benefits and change in the system.
Publicly Funded Barristers
(Manchester, Gorton) (Lab)
What discussions she has had Cabinet colleagues on providing
financial support for publicly-funded barristers.
The Attorney General ()
Criminal defence lawyers play a crucial role in upholding the
rule of law, and the Government greatly value the work that they
do. In my meetings with the Bar Council, the Criminal Bar
Association and with circuit leaders, support for the publicly
funded Bar is always high on the agenda.
There are three things here. First, at the beginning of the
pandemic, the CPS made changes to its system for paying fees to
advocates to support them at that difficult time. Secondly, the
Government made it easier for barristers to claim hardship
payments for Crown court work. Thirdly, in August, the Government
invested an extra £51 million into the criminal legal aid fee
scheme to better reflect the important work that criminal
barristers do.
[V]
It was extremely disappointing to see no further funding for
legal aid practitioners announced in the Chancellor’s spending
review. There has not been a rise in legal aid payments for 25
years, and a decade of Government cuts to legal aid have left
thousands of practitioners facing the prospect of going out of
business, even before coronavirus. Does the Attorney General
agree that legal aid practitioners should have been included in
the spending review?
The Attorney General
As I have already mentioned, the £51 million of additional
funding through the criminal legal aid review has been allocated
specifically for those publicly funded barristers and lawyers of
whom the hon. Gentleman speaks. The next phase of CLAR will
involve an independently led review that will ensure the market
meets demands, provides value for money for the taxpayer and
provides for defendants to continue to receive high-quality
advice from a diverse range of practitioners, protecting access
to justice now and into the future.
Covid-19 Lockdown: Domestic Abuse Prosecutions
(Hornsey and
Wood Green) (Lab)
What assessment she has made of the adequacy of CPS resources to
tackle domestic abuse prosecutions arising from the covid-19
lockdown.
The Solicitor General ()
The CPS is determined to bring perpetrators of domestic abuse to
justice and provide protection for victims in spite of the
pandemic. I have personally presented cases in the Court of
Appeal where I have felt that sentences were too low in this area
of law. Following the £85 million uplift awarded last year, CPS
recruitment has continued to boost our resources and ensure that
cases progress through the courts.
The Solicitor General will be aware of the 88% increase in case
load and the 23% drop in resources to deal with that. What
urgency can he inject to deal with this burning issue?
The Solicitor General
The hon. Member is right: it is a burning issue and a very
important one. Domestic abuse cases are among our highest
priorities in the court system, being dealt with by the criminal
justice system. They continued to be afforded a higher priority
as social distancing restrictions were eased. That was reinforced
in guidance for judges about listing in magistrates courts issued
by the senior presiding judge for England and Wales, and the CPS
is working across Government. We are at one on this. We recognise
it as a priority. Domestic abuse cases are appalling, and they
remain among our highest priorities.
(South Northamptonshire) (Con)
My right hon. and learned Friend will be aware that up to 30% of
domestic violence starts during pregnancy, so can he tell me what
the CPS is doing to protect vulnerable babies from that toxic
environment, which has such a profoundly damaging impact on their
lifelong potential?
The Solicitor General
I am full of admiration for the work that my right hon. Friend
does in this area. She is a powerful and committed advocate for
this cause. She is undertaking some work for the Prime Minister,
which I know the Government are eagerly awaiting. Tackling
domestic abuse and supporting victims is a key priority for this
Government, now more than ever. The Domestic Abuse Bill and the
wider action plan will help to protect and support victims and
their children. All NHS staff must undertake mandatory
safeguarding training nowadays, which includes a focus on
domestic abuse, so that they can pick it up. The new “Working
Together to Safeguard Children” arrangements help to strengthen
the multi-agency approach of partnership and collaborative
working.
Unduly Lenient Sentence Scheme
(Mid Derbyshire) (Con)
What recent sentences she has extended through the unduly lenient
sentence scheme.
The Solicitor General ()
The Court of Appeal has this month increased sentences referred
by me for a range of offending. Those have included the supply of
drugs in one of Her Majesty’s prisons, the possession of
firearms, and the rape of a victim who was asleep combined with
the making of indecent images and recordings.
Mrs Latham
Does my right hon. and learned Friend agree that the purposes of
sentencing include public protection as well as punishment, and
that is important for the unduly lenient sentence scheme?
The Solicitor General
My hon. Friend is entirely right about public protection. It is
one reason why, exceptionally, I will refer a case involving a
dangerous offender, for example. In two separate cases this
year—one involving a stabbing, and the other involving rape,
where both the victims were lone females—the offenders had their
original sentences extended following my reference to the Court
of Appeal to properly reflect the dangerousness of their
offending. She is quite right to highlight this point, and that
work will continue.
