Disclosure of Evidence Ian Levy (Blyth Valley) (Con) 1. What recent
steps he has taken to improve the efficiency and effectiveness of
disclosure of evidence.(901755) The Attorney General (Michael
Ellis) It is an honour to serve as Attorney General for the second
time, and to lead a legal profession that is the envy of the world
and a Government Legal Department whose integrity is an example to
multiple jurisdictions. I am very proud to hold that position. I
also...Request free trial
Disclosure of Evidence
(Blyth Valley) (Con)
1. What recent steps he has taken to improve the efficiency and
effectiveness of disclosure of evidence.(901755)
The Attorney General ()
It is an honour to serve as Attorney General for the second time,
and to lead a legal profession that is the envy of the world and
a Government Legal Department whose integrity is an example to
multiple jurisdictions. I am very proud to hold that position. I
also welcome the Solicitor General, my hon. Friend the Member for
Mid Dorset and North Poole (), to his place.
In May, this Government published the review of disclosure and
amended the disclosure guidelines to deliver improvements for
police, prosecutors and the victims of crime. The new guidelines
feature an annex on data protection that will ease the burden on
police, leaving them with more time on the beat and to
investigate crime.
Within Northumberland, there has been a review that highlights
multiple failings in multi-agency communication, and states that
lessons have been learned. However, I have been contacted by
constituents, and it appears that similar failings are still
happening. Will my right hon. and learned Friend please reassure
me and the people of Blyth Valley that steps are being taken to
improve the efficiency and effectiveness of disclosure?
The Attorney General
My hon. Friend is quite right: disclosure is a very important
issue, whether in Northumberland or any other part of this
jurisdiction. Updated principles on accessing third-party
material have strengthened privacy protections for victims, and
mandate that officers must have clear written reasons in place
before accessing any material such as, for example, therapy
notes. My hon. Friend has made an important point about
communication between the criminal justice agencies, and we are
ensuring that that continues to improve apace.
(Huddersfield)
(Lab/Co-op)
The Minister will know that this is a very important matter in
terms of miscarriages of justice. The Chairman of the Justice
Committee, the hon. Member for Bromley and Chislehurst ( ), and I chair the all-party
parliamentary group on miscarriages of justice. Will he look at
other countries’ good practice on this, especially the United
States?
The Attorney General
I thank the hon. Gentleman for his question. We are always
looking and willing to look at how other jurisdictions practise
in this sphere. Of course, it is a problem across western
jurisdictions, because people now carry on their person so much
more data capacity than ever before, which opens up a wide array
of questions as to disclosure. The amended disclosure guidelines
unequivocally state that indiscriminate access to personal
records should never occur, and it is worth noting that the
volume of suspects charged has continued to increase quarter on
quarter, with a rise from 526 to 550 in quarter 3. That is an
increase of 4.6%, so we are moving in the right direction on
charges.
Ukraine: Potential Russian War Crimes
(Clacton) (Con)
2. What steps he is taking to support the investigation of
potential Russian war crimes in Ukraine. (901758)
The Attorney General ()
The Government stand shoulder to shoulder with Ukraine as it
defends itself from Russia’s invasion. I am personally dedicated
to supporting Ukraine’s search for accountability and justice. I
recently spoke to the Ukrainian prosecutor general, Andriy
Kostin, and heard his important ongoing efforts to investigate
and prosecute domestically Russia’s actions on his country’s
territory, which are appalling. We discussed, among other things,
UK support through the UK-US-EU Atrocity Crimes Advisory Group
initiative, which will provide direct practical and advisory
support to his office in Kyiv. The UK will continue to play a
leading role to ensure accountability for Russia’s actions in
Ukraine.
I thank the Attorney General for his answer. This abhorrent
invasion is no longer focused on by the media as it should be,
and there are atrocities going on every day. Does he agree that
every crime committed by Russian soldiers must be taken into
consideration and people must be held to account, as must their
leader, Mr Putin?
The Attorney General
I thank my hon. Friend for his question, and he is right. The
Atrocity Crimes Advisory Group was launched on 25 May by the EU,
the US and the UK to ensure efficient co-ordination of respective
efforts. It is a very complicated area, but we want to support
accountability efforts on the ground. My colleague in the other
place, Lord Ahmad, has already announced £2.5 million of UK
support for that initiative and for elements of that
organisation, including the deployment of mobile justice teams,
and training for judges is already under way.
(Strangford) (DUP)
It is obviously important that all the evidence the Ukrainians
are gathering to seek out those who have carried out crimes is
collated quickly. Is there any help that our Government can give
the Ukrainians to do that? It is so important that those people
are held accountable before the courts sooner rather than later.
What can be done to expedite the process?
The Attorney General
Justice delayed is justice denied, and that is as accurate today
as it ever was. We have to move at pace, while getting it right,
and collating the evidence is important. I can tell the hon.
Gentleman that we are doing everything we can to support the
Ukrainians in every conceivable way, including in this area.
Mr Speaker
I call the SNP spokesperson, .
(Lanark and Hamilton East)
(SNP)
I welcome the Attorney General back to his place; he is providing
much needed continuity amidst the chaos. Bombings of civilians,
conducting executions, torturing war prisoners and sexual
violence—independent investigators have concluded that Russia has
committed all those crimes. I have heard what the Government
intend to do, but what specific steps will they take now and in
the future to ensure that perpetrators face the consequences of
their actions in an international court?
The Attorney General
I thank the hon. Lady for raising that. Of course, this is a
cross-party issue. We want to see these horrific crimes brought
to justice. We will do everything we can to support the
Ukrainians in that effort, and we are working across the
international community to do that. We have put money into mobile
justice teams and training judges for the Ukrainians. We are
doing everything we can and will continue to do more.
Prosecution Rates for Rape and Sexual Assault: South-west
England
(Plymouth, Sutton and
Devonport) (Lab/Co-op)
3. What steps the Crown Prosecution Service is taking to improve
prosecution rates of rape and sexual assault cases in the
south-west. (901759)
(North Devon) (Con)
6. What steps he is taking to increase the rate of prosecution
for rape cases. (901762)
The Solicitor General ()
His Majesty’s Government are committed to improving rape
prosecutions and are investing across the justice system. Through
Operation Soteria, prosecutors across the south-west have helped
to lead the way with a focus on joint working with the police and
on early advice, and an enhanced service to victims.
Last week, Devon and Cornwall
Police were placed into special measures because of their
failure to record crime and manage sexual offenders. Fewer than
20 people were convicted of rape in Devon and Cornwall out of
1,500 recorded offences last year. People are losing faith in the
CPS and the police. Does the Minister agree that now is the time
to extend the sexual offences backlog pilot from London and the
north to include the south-west, with a clear focus on reducing
the 1,000-day wait for rape victims to get justice in court?
The Solicitor General
Not least because I am a south-west MP, I am grateful to the hon.
Gentleman for raising the issue. Work is already under way: I
mentioned Operation Soteria in the south-west. Specifically in
his Plymouth constituency, I know that work is going on with the
violence against women and girls commission; I have seen that
work and I commend the commissioners for it. There is also a
conference happening in the next few weeks and I ask him to keep
me updated.
More broadly, on the hon. Gentleman’s substantive question,
referrals from the police to the CPS are up for offences of rape,
charges are up and prosecutions are up. I am determined that that
positive work and positive trend must continue.
In North Devon, I am repeatedly told by police that the CPS
requires too much information before it can decide whether to
prosecute, that there are many outstanding rape cases and that
the delays that victims endure result in some feeling unable to
wait the months or even years for cases to progress. Can I meet
my hon. Friend to see what can be done to unblock the
situation?
The Solicitor General
I am grateful to my hon. Friend for raising that important issue.
She is right that the workload on our police and the CPS is high.
Close working between the police and the CPS is vital. Hot off
the press is the refreshed joint national action plan, which was
published today and shows that the CPS has seen a 58% increase in
charges. I know that she takes the issue incredibly seriously. I
would be delighted to meet her, whether here or in her beautiful
constituency of North Devon.
Prosecution Rates for Blocking Public Rights of Way
(Gainsborough) (Con)
4. What assessment he has made of the effectiveness of the Crown
Prosecution Service in prosecuting protesters who block public
rights of way. (901760)
The Attorney General ()
The Government continue to ensure that the police and prosecutors
have the necessary tools to tackle the dangerous and highly
disruptive tactics used by a small minority of protesters to
wreak havoc on people going about their lawful daily lives. In
relation to the Insulate Britain protesters, for example, the CPS
has so far secured no fewer than 364 convictions in the
magistrates court. It continues to take those cases to trial,
which shows its resolute determination to bring those criminals
to justice.
On Tuesday, the House decided to criminalise grandmothers who
hold prayer cards outside abortion agencies. At the same time,
quite rightly, we brought in ever more new powers to deal with
Just Stop Oil protesters. The difference is that the grandmothers
will go away quietly, but the other protesters will keep turning
up. There is no point having more and more legislation—we have so
much legislation in this area—if the police do not enforce it and
the CPS and the courts do not throw the book at these people and
give them long custodial sentences.
The Attorney General
Of course, the sentencing of such individuals is a matter for our
independent criminal justice system, but we have an offence of
nuisance on the statute books, as well as offences such as
obstructing the public highway, the powers of which have been
increased to 12 months’ imprisonment. The Public Order Bill is
going through Parliament, which I was rather surprised that the
Opposition did not support. As I have said, we are determined
that those who seek to disrupt the normal lives of citizens meet
the full force of the law. That is what should happen and that is
what is happening. The Crown Prosecution Service and the police,
as the operationally independent authorities, are working
extremely hard in close partnership to bring those people to
justice and see that they receive the punishment that they richly
deserve.
(Hammersmith) (Lab)
May I welcome the latest team of Law Officers to their places? I
think I missed a stray Solicitor General in the summer recess,
between the incumbent and the hon. and learned Member for
Cheltenham (), but it is very hard to keep up
these days.
We all know there are well-trusted laws to criminalise this type
of behaviour, but is the Conservative party now opposed to all
public protest and free speech? Reading its 2019 manifesto, I
would have expected to see the Solicitor General and the Attorney
General on the picket line opposing fracking, but last night they
voted to allow fracking to go ahead, including, I presume, in
their constituencies. If the Law Officers are prepared to break a
clear promise in such a blatant and cynical way, what example
does that set to others in upholding the rule of law?
The Attorney General
The hon. Gentleman’s question is not of course on point to the
question asked, but the reality of the matter is that the Labour
party is embarrassed by the fact that it is on the side of the
protesters, rather than those people who wish to go about their
lawful duties, and that is why it did not support the Public
Order Bill. The offence of public nuisance is available, it has a
wide array of penalties available to it and we know the courts
will use those powers. I think the Labour party ought to focus on
supporting the British public, who wish to go about catching
trains, driving along roads and going about their lawful
business.
Crown Prosecution Service: Performance in Wales
(Montgomeryshire) (Con)
5. What recent assessment he has made of the performance of the
Crown Prosecution Service in Wales.(901761)
The Solicitor General ()
The CPS inspectorate recently inspected CPS Wales and commended
the area for its strong performance—for example, in disclosure
and its good handling of victims and witness care. The CPS
maintains excellent relationships with its criminal justice
partners and is driving improvements throughout Wales.
The CPS and magistrates courts in Wales have done a terrific job.
In fact, they were the first to recover from the pre-pandemic
backlog. I recently met Jenny Hopkins, the excellent director of
the CPS, and I would encourage and ask the Minister to come to
Wales, especially a rural setting such as Montgomeryshire, and
have a roundtable to discuss access to justice.
The Solicitor General
I heard about my hon. Friend’s very productive meeting with the
Chief Crown Prosecutor for Wales, and he rightly raises the
excellent work that is being done by CPS Wales to address the
magistrates court backlog. He is absolutely right that it is the
first area to recover from the impact of covid, and I would be
absolutely delighted to join him on a visit to Wales.
Crown Prosecution Service: Effectiveness in Ensuring Access to
Justice
(South Shields) (Lab)
7. What recent assessment he has made of the effectiveness of the
Crown Prosecution Service in ensuring access to justice for the
victims of crime.(901763)
The Attorney General ()
The CPS is committed to ensuring that victims of crime are
properly able to access justice. Last year, the CPS commissioned
independent research to better understand what victims want and
need, and to identify areas for improvement. On 27 June, the CPS
published its response to the research findings, setting out key
areas of action to improve how it engages with victims, and this
includes delivering a universal service offer for all victims of
crime.
Mrs Lewell-Buck
I thank the Attorney General for that response, but this
Government’s inability to prioritise victims is well documented.
Today, the final report of the independent inquiry into child
sexual abuse will be published. For these victims, their abuse is
not historical; they live with it every single day, and they need
justice. Will he commit to implement all the recommendations in
full?
The Attorney General
This Government have repeatedly shown, and rightly so, our
support for victims and prioritising the rights of victims. The
CPS publishes yearly data—for example, on the victims’ right to
review scheme. Nearly 78,000 decisions were made that were
eligible for the scheme, under 2,000 decisions were challenged
and 270 were found to be wrong—that is 0.35%—but I want to
apologise for any decisions that were wrong. Even in that tiny
number, it is human lives that are involved. We have focused
greatly on the rights of victims, and we will continue to do
so.
(Cheltenham) (Con)
Can I warmly welcome the reappointment of the Attorney General,
and indeed the appointment of the excellent Solicitor
General?
It is fantastic news that the number of rape prosecutions is now
30% higher than it was in the last quarter pre covid. Does the
Attorney General agree that, if we are going to continue that
progress, we need to widen the pipeline of referrals from the
police? In that endeavour, we need to ensure that the redaction
burden is reduced so that it is proportionate, so that those
cases are passed to the CPS and victims get the justice they
deserve.
The Attorney General
I commend my hon. and learned Friend for his time as Solicitor
General. I reiterate, as he has done, that since the last time I
was a Law Officer a year-plus ago, the number has increased by
30%, as he rightly says, which is extremely impressive. The CPS
has set out its priority areas under the victim transformation
programme and we are going to work to those.
(Islington South and
Finsbury) (Lab)
I congratulate the Attorney General on what is, this time, his
permanent appointment to the role—as much as anything can be
considered permanent under this Government. I genuinely hope that
he will succeed in restoring to the role of Attorney General some
dignity, stability and—dare I say it?—sanity. Will he start by
giving me a straight answer to this crucial question: will it be
possible to impose real-term spending cuts on the Crown
Prosecution Service without making charge rates, court backlogs,
and victim support even worse than they are now?
The Attorney General
I am grateful to the right hon. Lady for her question. As she
knows, this Government have prioritised crime and the victims of
crime, and we are, and always have been, the party of law and
order. Whatever measures we have to take, including those we had
to take when we first came in in 2010 after the appalling
disaster of the previous Labour Government, we are focused on
dealing with crime and the victims of crime—hence thousands more
police officers now being appointed.
Rwanda Relocation Policy
(Glasgow South West)
(SNP)
8. Whether he has had discussions with Cabinet colleagues on the
compatibility of the Government’s policy to relocate people to
Rwanda and other countries with (a) domestic law, (b)
international law and (c) the 1951 Refugee Convention.
(901765)
The Attorney General ()
By convention, whether the Law Officers have been asked to
provide advice, and the contents of any such advice, is not
disclosed outside Government.
Will the Attorney General confirm whether he shares similar views
to those of his predecessor, the now former Home Secretary, who
recently said that she wanted to see a front page of The
Telegraph with a flight to Rwanda, and that that was her dream?
Surely it is time to dream another dream, and scrap the cruel,
inhumane Rwanda scheme in its entirety.
The Attorney General
I cannot speak to other people’s dreams. I know the Scottish
nationalists have their own dreams, which I do not think will
ever be realised, because the Union of this country is what the
vast majority of the people of the United Kingdom want to
maintain. The convention that I mentioned is important, and I
intend to respect it. It protects the ability of Law Officers, as
chief legal advisers to the Government, to give full and frank
legal advice.
Crown Prosecution Service: Performance in North-west England
(Hyndburn) (Con)
9. What recent assessment he has made of the performance of the
Crown Prosecution Service in the north-west. (901766)
The Solicitor General ()
My hon. Friend will be pleased to hear that the Crown Prosecution
Service north-west has consistently achieved a conviction rate
that is higher than the national average. The area conviction
rate was 84.4%, which is two percentage points higher than the
national rate.
It is encouraging that since the CPS published its strategy on
rape and serious sexual offences in 2020, the number of rape
prosecutions has risen dramatically, with a 62.9% increase
recorded. I know, however, that several of my constituents in
Hyndburn and Haslingden are keen to see the specialist trauma
training for all court staff, police and prosecutors that is
being trialled. With such great interest in that scheme, will the
Minister please update me on its findings?
The Solicitor General
I am grateful to my hon. Friend for highlighting the importance
of this issue, and more broadly for her support for victims not
only in her area, but across the north-west and the country. She
should look out for two further specific measures: first,
Operation Soteria and its continued roll-out across the country;
and secondly the victims Bill. I look forward to working with my
hon. Friend on both.
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