Crown Prosecution Service: Apprenticeships
(High Peak) (Con)
What assessment she has made of the adequacy of apprenticeship
opportunities with the Crown Prosecution Service.
The Solicitor General ()
The Crown Prosecution Service offers a range of apprenticeships
across the legal, human resources, finance, project management,
leadership and management professions and has launched a flagship
solicitor apprenticeship. The CPS has consistently exceeded the
Government’s apprenticeship target. It currently employs 287
apprentices and a further 94 are about to enrol on a programme.
This year, the CPS will also launch a pilot programme recruiting
apprentices from low socioeconomic backgrounds to meet its
diversifying law agenda.
[V]
I am grateful for that answer. It is encouraging to hear that the
Crown Prosecution Service is offering lots of apprenticeships.
However, it is really important that those opportunities are
based not just in London but across the whole country, so I ask
the Minister: what apprenticeships are being offered in places
such as the High Peak?
The Solicitor General
A very good point. The CPS is actively contributing to the
Government’s levelling-up agenda, offering apprenticeships across
the board in a number of professions across England and Wales. I
am pleased to say that the CPS East Midlands, where High Peak is,
covers my hon. Friend’s constituency, and it has had 30
apprentices since 2016 and currently has two members of staff
undertaking a solicitor apprenticeship. Upon completion of that,
the solicitor apprenticeship results in fully qualified solicitor
status and a role as Crown prosecutor.
(Lewisham West and Penge) (Lab)
There is a backlog of 55,000 cases in our Crown courts, victims
are waiting years for their cases to be heard, and CPS letters
fail to be of standard nearly 50% of the time. While we welcome
apprenticeships in the CPS, staff levels were cut by 31% between
2011 and 2019, so why have the Government Law Officers failed to
get to grips with the fundamental crisis facing the CPS and our
criminal justice system?
The Solicitor General
I do not accept the characterisation that the hon. Lady puts on
the Crown Prosecution Service. Indeed, it is performing very well
and the inspectorate confirms that. The position, of course,
is—it is National Apprenticeship Week next week—that I and the
Government very much support apprenticeships, and it is right
that the CPS does the work that it does to support young people
and people from other socioeconomic backgrounds in getting
apprenticeships. I hope that she is as supportive as we are of
apprenticeships. The reality is that the apprenticeship programme
has meant that currently at the CPS, 3.8% of the workforce are
apprentices, and that is compared with a national target of 2.3%.
This is another parameter in which the Crown Prosecution Service
is actually doing very well.
Unduly Lenient Sentence Scheme
(Cleethorpes) (Con)
What recent assessment she has made of the effectiveness of the
unduly lenient sentence scheme.
The Solicitor General ()
The unduly lenient sentence scheme is a vital safeguard in our
criminal justice system. It permits me to intervene personally in
a case where I consider that a sentencing judge has fallen into a
gross error and imposed a sentence that is outside the reasonable
range. Sentencing judges do get it right the vast majority of the
time, but in those rare cases where they get it wrong, this is a
very good scheme that ensures that justice is served.
[V]
I thank the Minister for his reply, but it is my constituents’
view and, I think, the view of constituents up and down the
country that too many sentences are too lenient. Do the Law
Officers and the Government have any plans to ensure that
sentences are at a level that ensures public confidence in the
judicial process?
The Solicitor General
I know that my hon. Friend speaks for his constituents and always
has done. It is right to say, though, that our judiciary is
admired around the world for its impartiality, intelligence,
independence and intellectual rigour. It is of essential
importance to the rule of law.
I can, therefore, reassure my hon. Friend, and reiterate to him
that it is rare for judges to get sentencing wrong. It is, of
course, important that sentences reflect the seriousness of
offending, and I have gone to court myself on several occasions
to seek referral of sentences where we have felt they have been
too low. However, generally speaking, he will find that sentences
meet the gravamen of the crimes.
Serious Fraud Office
(Huddersfield) (Lab/Co-op)
What steps she is taking to ensure the effectiveness of the
Serious Fraud Office.
The Solicitor General ()
I regularly meet the director of the Serious Fraud Office and her
senior leadership team to discuss the SFO’s progress in tackling
the top level of serious and complex fraud, bribery and
corruption. The SFO takes on some of the most complex and
difficult cases, and it has delivered significant successes. From
2016-17 to 2019-20, the SFO’s successful judicial outcomes rate
was 95% by case and 62% by defendant. To date in this financial
year, the SFO has agreed two deferred prosecution agreements,
making a contribution to Her Majesty’s Treasury thereby of over
£44 million, including its costs, demonstrating significant value
for money.
Mr Sheerman [V]
May I remind the Minister that many people believe that the
Serious Fraud Office is seriously underfunded and
under-resourced? It has just abandoned its inquiry into British
American Tobacco. It is not able to take on the big boys and
girls that cause the real trouble here, including serious
financial misdeeds. When is he going to start again, look at the
Serious Fraud Office, and give it the resources it needs to go
after these real problems?
The Solicitor General
I thank the hon. Gentleman for the interest he takes in the Crown
Prosecution Service, and the Serious Fraud Office in particular.
I know that he has a history of doing so, and we are grateful for
it.
The reality is that the SFO has proper funding. The Attorney
General and I meet the leaders of the Serious Fraud Office on a
regular basis, and they know that this Government support them in
what they do. They have, after all, obtained guilty pleas for
bribery offences in the Petrofac case. The hon. Gentleman
mentioned one other matter, but the reality is that they have
secured convictions and guilty pleas in the Unaoil case, and
agreed deferred prosecution agreements with Airbus and Airline
Services. In a whole litany of cases they have secured very good
results. Although I appreciate the hon. Gentleman’s point that
there are always more resources that could be utilised, we will
continue to support the Serious Fraud Office in its very good
work.
(Bromley and Chislehurst) (Con) [V]
May I start by asking the Solicitor General to convey to my right
hon. and learned Friend the Attorney General the good wishes of
myself and the members of the Select Committee on Justice, as I
know she is due to start her maternity leave before we have the
next session of questions to the Law Officers?
Does the Solicitor General recognise that it is not just a matter
of resources? Both the current and previous directors of the
Serious Fraud Office have pointed out that they are handicapped
in dealing with some of the most significant corporate crime,
because the United Kingdom’s law on corporate criminal
responsibility—in particular, the need to identify those who are
the “directing mind” of the company—does not reflect well modern
corporate practice. Will he confirm that there will be swift
action once the Law Commission, which the Government have asked
to look at this matter, reports at the end of the year, so that
we come up to speed and be able to tackle serious corporate crime
more effectively, in much the same way as the United States can
because it has a more modern and effective legal test?
The Solicitor General
I thank my hon. Friend, the Chair of the Justice Committee, for
his remarks. I will convey his remarks—in fact, I know my right
hon. and learned Friend the Attorney General will have heard
them—wishing her well.
As far as the ability of the Serious Fraud Office to prosecute
matters is concerned, as my hon. Friend knows, these issues are
kept under constant review. They are very complex cases, and it
is right that the law must keep up with issues at hand to enable
the Serious Fraud Office and, where appropriate, the Crown
Prosecution Service to conduct those services effectively. Those
matters are always kept under close review.
Crown Prosecution Service: Fraud Cases
(West Bromwich East) (Con)
What recent assessment she has made of the effectiveness of the
Crown Prosecution Service in tackling fraud cases. [911867]
(Redcar) (Con)
What recent assessment she has made of the effectiveness of the
CPS in tackling fraud cases.
(Keighley) (Con)
What recent assessment she has made of the effectiveness of the
Crown Prosecution Service in tackling fraud cases.
(Shrewsbury and Atcham) (Con)
What recent assessment she has made of the effectiveness of the
Crown Prosecution Service in tackling fraud cases.
The Attorney General ()
The CPS continues to work with the police and other investigators
to prosecute criminal cases involving fraud. In 2019-20, the CPS
prosecuted more than 10,000 defendants where fraud and forgery
were the principal offence. It also has a dedicated specialist
fraud division to deal with serious, complex and difficult cases
of fraud that can often result in huge financial loss to victims.
[V]
Constituents in West Bromwich East have made me aware of some of
the latest scams that criminals are using to exploit the public
at this difficult time. They include text messages about
covid-related grants and even criminals going door to door
pretending to sell vaccine doses. Can my right hon. and learned
Friend update us on any discussions she has had with the CPS
about these specific types of fraud cases?
The Attorney General
I thank my hon. Friend for raising this issue. Crimes where covid
is the context for exploitation and fraudulent behaviour are
completely sickening. The Director of Public Prosecutions has
made it clear in his interim charging protocol that offences
related to covid, including fraud, will be prioritised and that
the offenders will be prosecuted. The joint inspectorate report
commended the CPS’s response to the pandemic, including its
ability to move to remote working without any major service
interruption. That was noted as a major achievement.
Those who use this pandemic to exploit vulnerable people really
are the lowest of the low. In Redcar and Cleveland, we have had a
number of examples of fraudsters trying to trick elderly people
in particular with fake vaccines and scam NHS emails. What more
can the Government do to crack down on those types of criminals?
The Attorney General
My hon. Friend is right to raise this sickening trend. The
Government are committed to stopping criminals benefiting from
their ill-gotten gains. In 2019-20, the CPS successfully used its
specialist prosecutors to seize more than £100 million through
confiscation orders across all offence types.
Over the pandemic, we have seen scammers claiming to be from Her
Majesty’ Revenue and Customs, Royal Mail delivery scams, NatWest
urging scam warnings out to its customers and, perhaps the lowest
of the low, an NHS vaccine scam. Could my right hon. and learned
Friend outline how the CPS is working in partnership with those
organisations to tackle fraud?
The Attorney General
We are aware that cyber-criminals and fraudsters are attempting
to exploit opportunities around the pandemic, as I have said.
That is why the Government have invested in the National Economic
Crime Centre, which is leading a multi-agency response to tackle
serious and organised fraud during the pandemic. The CPS
continues to play a key role in this effort, providing early
investigative support in serious fraud cases.
I, too, would like to join the Chairman of the Select Committee
in wishing the Attorney General the very best for the birth of
her child and maternity leave afterwards.
At a time when we are hearing about more disturbing cases of
fraud, not just against private citizens but against the state
and the public purse, will the Attorney General continue to give
us information through the House of Commons Library, publicising
the success stories of the CPS in following, tackling and
prosecuting those fraudsters?
The Attorney General
I thank my hon. Friend for his kind wishes. He is right to
highlight the successes that the CPS has had in tackling serious
fraud. In recent months, the serious fraud division has brought
three high-value investment scammers to justice. These include
Joseph Lewis, who ran a £20 million Ponzi scheme fraud for a
decade and was sentenced to five years and four months’
imprisonment, and Freddy David, an authorised financial
consultant who was operating a parallel Ponzi fraud which
resulted in a loss of £10.4 million to his victims. He was
sentenced to a total of six years in prison and was issued with a
confiscation order for just over £1 million.
Covid-19: Pro Bono Legal Services
(Southport)
(Con)
What steps she is taking to support pro bono legal services
during the covid-19 outbreak.
The Solicitor General ()
I have heard directly from members of both my pro bono committee
and the Public Legal Education Committee on the impact of the
pandemic on their work. I know that the legal profession has
continued valiantly to undertake pro bono work throughout this
crisis, and I would like to restate my gratitude to all those who
have volunteered their time and experience during this difficult
time. It makes me proud to be one of the Government’s pro bono
champions.
[V]
May I ask my right hon. and learned Friend how my constituents
can feel confident that they can still access the pro bono
support they need, despite the pandemic?
The Solicitor General
My hon. Friend asks a good question, and his constituents should
feel confident. I was heartened to hear of the overwhelming
number of legal professionals across the country who have stepped
forward to offer assistance during the pandemic. It is a true
testament to the very nature of pro bono; as a tool, it is there
to give back and help those most in need. I heard from members of
my pro bono committee in September about the impact of the
pandemic on their services, and the resilience and flexibility
that they have shown in the face of such adversity is very
impressive and much appreciated.
Domestic Violence Prosecutions
(Newport East) (Lab)
What steps she is taking to increase the number of prosecutions
for domestic violence.
(Stockton North) (Lab)
What discussions she has had with the Crown Prosecution Service
on (a) identifying and (b) publishing the reasons for the change
in the rate of prosecutions relating to domestic abuse in the
last 12 months.
The Solicitor General ()
The Government take tackling domestic abuse extremely seriously,
as shown, of course, by the introduction of the landmark Domestic
Abuse Bill. I am absolutely committed to ensuring that justice is
delivered in such cases. In fact, I personally successfully
presented the first unduly lenient sentence case of its kind at
the Court of Appeal last year on coercive and controlling
behaviour. The CPS is working hard to deliver justice and protect
the public, and has recently published an ambitious 12-month
domestic abuse programme to help narrow the disparity between the
reporting of these offences and criminal justice outcomes.
[V]
About a fifth of crimes reported in lockdown have involved
domestic abuse, and there is real concern that the number of
specialist domestic violence courts seems to be reducing. Will
the Minister commit to strengthen the system and increase the
number of specialised courts, so that we can support the hard
work of the police and support victims at trial?
The Solicitor General
That is a very good question. We are always looking at ways in
which we can support those engaged in this important work. The
Government have recently announced several funding packages
linked to domestic abuse, including funding to deal with the
effects of the covid-19 pandemic on domestic abuse. During the
pandemic, the CPS has continued to prioritise domestic abuse
cases. In addition to the interim charging protocol, a memorandum
of understanding on the subject of domestic abuse was agreed in
June across the whole criminal justice system. It supports
multi-agency pre-hearing case progression for domestic abuse
cases that are listed for trial.
[V]
Despite what the Minister says, domestic abuse prosecutions
continue to plummet. They had already fallen off the cliff edge
before the pandemic hit the justice system, with an annual
decrease of some 22% in the year up to March 2020. Will he tell
me what pre-emptive action is being taken now to stop this
freefall and maintain the confidence of the victims of these
deplorable crimes?
The Solicitor General
I hate to focus on this issue, but the reality is that of course
all prosecutions have been affected by the pandemic. The whole
courts system, as well as most other functioning systems in this
country, are necessarily adversely affected by the pandemic.
However, the hon. Gentleman has my assurance, and that of the
Government, that domestic abuse cases are among the highest
priority in the criminal justice system. On joint interim
charging, for example, guidance issued by the police and the CPS
immediately following the outbreak of covid-19 stated and
confirmed that cases should be prioritised where the defendant is
being held in custody, and that specifically included high-risk
domestic abuse cases. So we are keeping our eye on this. These
are extremely important cases and they must and should continue
to be given the priority that they deserve.
(Lewisham West and Penge) (Lab)
I, too, offer my congratulations to the Attorney General on her
forthcoming maternity leave.
As well as domestic violence prosecutions being down 19%, victims
are left waiting for months for their cases to go to court and
are increasingly being told to pursue civil cases instead.
Despite the Solicitor General’s warm words, it is clear that the
Government are letting victims down on every front. With the huge
barriers facing victims of domestic abuse, will the Solicitor
General join me today in backing the Bar Council’s call for
non-means-tested legal aid to be made available to victims in the
upcoming spending review?
The Solicitor General
Of course, I have to leave spending review issues to my right
hon. Friend the Chancellor of Exchequer, but the reality is that
the CPS best practice domestic abuse framework seeks to address
withdrawal rates by delivering a high-quality service to victims,
and it encourages more timely court listings. As the hon. Lady
knows, we cannot always guarantee immediate court listings, but
the CPS does encourage more timely court listings for this type
of case. The provision of holistic support for victims—including,
where appropriate, the support of an independent domestic abuse
adviser—is very important. Funding is going into this issue and
it is being given priority. More can be done—the hon. Lady is
right and in agreement with Government Members that this is an
important area of priority—and we will continue to focus on the
issue.