Justice for Victims of Crime
(Blaydon) (Lab)
1. What recent assessment she has made of the effectiveness of
the Crown Prosecution Service in ensuring access to justice for
victims of crime.(905801)
(Bermondsey and Old Southwark)
(Lab)
4. What recent assessment she has made of the effectiveness of
the Crown Prosecution Service in ensuring access to justice for
victims of crime.(905804)
The Solicitor General ()
The CPS is improving access to justice for victims through its
victim transformation programme. Together with measures in the
Victims and Prisoners Bill, this will help to ensure access to
justice for all victims of crime.
In October 2021, the Government made the not hugely ambitious
pledge to reduce the size of the Crown court backlog within four
years. The latest figures published last week show that the
backlog is now almost 2,900 cases higher than when they started.
Will the Solicitor General explain what new steps the Government
will take to meet their target, as what they have been doing so
far clearly is not working?
The Solicitor General
The hon. Lady raises an important issue. One method being used is
sentencing blitzes, whereby sentences are being lined up
back-to-back to ensure that cases are completed as quickly as
possible.
The Ministry of Justice’s early legal advice pilot scheme has
just reported. It ran for five months, cost £5 million and
supported a sum total of just three people. Instead of the
Attorney General and the Government trying to reinvent the wheel
by making it square, why do they not deliver better access to
justice by supporting more people through legal aid?
The Solicitor General
In terms of access to justice for victims, I mentioned the victim
transformation programme, which is vital in supporting victims.
It will transform how the CPS communicates with victims and
ensure that those with specific needs have enhanced support.
(Kettering) (Con)
The victims’ right to review makes it easier for victims to seek
a review of a CPS decision not to bring charges. Will the
Minister congratulate CPS East Midlands on having the victims’
right to review prominent on the front page of its website? Is he
satisfied that the scheme is being rolled out satisfactorily
across the country?
The Solicitor General
I am grateful to my hon. Friend for raising this issue. He will
be pleased to know that on the law tour, the Attorney General and
I saw CPS East Midlands for ourselves, and he is right. It is
also right to acknowledge that the vast majority of cases are
performed correctly and accurately. Of those that are not, it is
right to say that 243 decisions were found to be incorrect and
were reviewed last year.
Illegal Migration Bill
(Glasgow South West)
(SNP)
2. What discussions she has had with Cabinet colleagues on the
compatibility of the Illegal Migration Bill with the European
convention on human rights.(905802)
The Attorney General ()
As the hon. Gentleman knows, I am bound by the Law Officers’
convention not only to not talk about advice that I give to
Cabinet colleagues, but to not even reveal whether such advice
has been given.
The United Nations High Commissioner for Refugees gave evidence
to the Court of Appeal, advising the court on matters concerning
international refugee law. That ultimately contributed to the
Bill being found unlawful. The recommendations included
co-operation with EU neighbours and fair and fast asylum
procedures that are more humane, efficient and cost-effective.
Will the Attorney General ensure that the Cabinet listens and
enacts those recommendations?
The Attorney General
The Government are disappointed by the recent outcome of the case
before the Court of Appeal and will seek permission to appeal to
the Supreme Court. The Court of Appeal did say that the policy of
removal to a safe third country could be compatible, and it did
not disturb the finding of the High Court that Rwanda is safe,
though the majority was concerned about the possibility of onward
removal from Rwanda. The Government will make robust arguments
before the Supreme Court and will be applying for permission
later today.
Mr Speaker
I call the shadow Minister.
(Hammersmith) (Lab)
The former Lord Chancellor, the right hon. Member for Esher and
Walton (), when told of the demise of
his Bill of Rights, said:
“All the wrong people will celebrate.”
Was the Attorney General celebrating the defeat of that attack on
our European convention rights? Will she now stand up to other of
her Cabinet colleagues who repeatedly transgress international
law? They did it with the Northern Ireland protocol, with the
United Kingdom Internal Market Act 2020, with the Illegal
Migration Bill and again this week with the Economic Activity of
Public Bodies (Overseas Matters) Bill. She is the Attorney
General, so if she will not stand up for the rule of law, who
will?
The Attorney General
I absolutely can and do stand up for the rule of law. The
Government are committed to the rule of law domestically and
committed to maintaining and upholding our obligations under
international law. That is made quite clear to all Ministers.
Mr Speaker
I call the SNP spokesperson.
(Lanark and Hamilton East)
(SNP)
The Rwanda asylum plan was declared so poor that it threatened
the rights of asylum seekers not to be tortured or subjected to
inhumane treatment, and it was found incompatible with a host of
international conventions. Those were the findings of the Court
of Appeal, and the Supreme Court will inevitably reach the same
conclusion. How much taxpayers’ money does the Attorney General
estimate the Government will spend appealing this illegal
plan?
The Attorney General
I absolutely do not accept the premise of the hon. Lady’s
question. The divisional court was a strong win for the
Government. At the Court of Appeal, the majority found against
us, but we also had a strong judgment from the Lord Chief
Justice. We believe that the assurances we have had from Rwanda
regarding asylum protections there are robust, and we intend to
make those arguments strongly in the Supreme Court.
Violence against Women and Girls
(Gower) (Lab)
3. What steps she is taking to increase prosecution rates for
cases relating to violence against women and girls. (905803)
The Attorney General ()
Work is going on across the criminal justice system to drive up
prosecution levels. In the Gower, charges of adult rape suspects
have increased dramatically in the past year. The Solicitor
General and I recently visited CPS South Wales to discuss its
future plans.
The Jade’s law campaign is gathering more supporters with each
passing day, united in our belief that a man such as Russell
Marsh should have no say over the future of his children, whose
mother he so viciously murdered. Will the Attorney General engage
in a serious and sympathetic discussion with her colleagues in
the Ministry of Justice about how we can make Jade’s law a
reality?
The Attorney General
While I always enjoy my discussions with the hon. Lady, I am
afraid that I am not a Minister in the Ministry of Justice. I am
happy to pass on her points to those Ministers. The Attorney
General’s Office stays completely separate and independent of the
Ministry of Justice, and it is important that we maintain
that.
Mr Speaker
I call the Chair of the Justice Committee.
(Bromley and Chislehurst)
(Con)
I am sure the Attorney General will agree that the investigation
and prosecution of rape and serious sexual offences requires
particular skills in both investigation and handling in court.
Will she therefore welcome the increase in prosecution counsel
fees to an equal level with those for the defence so that we get
the most competent people doing these cases? Will she also accept
that more investment must continue to go in so that the Crown
Prosecution Service, as the Director of Public Prosecutions
pointed out to our Committee on Tuesday, can continue to recruit
sufficient experienced rape prosecutors and have the digital
technology to deal with things such as mobile phone evidence in
these cases?
The Attorney General
My hon. Friend knows well that I do not hold the budget that he
is seeking to influence, but he is one of the best campaigners in
the House and, as ever, he made his point extremely clearly. I
watched with interest his Committee’s proceedings earlier this
week and noted what was said.
Mr Speaker
I call the shadow Attorney General.
(Islington South and
Finsbury) (Lab)
Almost 500 days ago, in the joint inspectorate’s report on the
post-charge handling of rape cases, it recommended that
“Immediately”—I stress that word—
“the police and the CPS should work…to ensure that bad character
is considered in all rape cases, and progressed wherever it is
applicable.”
That means applying to enter into evidence relevant elements of a
suspect’s history, including past convictions and a record of
violence. But when I recently asked the Ministry of Justice about
the issue, it could not even tell me how many bad character
applications had been made or allowed in the last year, let alone
what progress had been made in meeting the immediate
recommendations from last year’s report. Does the Attorney
General know what progress has been made? If not, will she make
immediate inquiries?
The Attorney General
I am always interested in the right hon. Lady’s inquiries into
the way that data is produced. She has made some valid points in
the past, and I am always keen to engage with her on how best we
can provide transparency. I am happy to take her point forward
with Ministry of Justice colleagues. I have seen much closer
working between the CPS and the police. That is working
particularly well in the area of rape and serious sexual
offences, which is why we have prioritised that work. I would be
happy to look into her question.
Crimes of Aggression against Ukraine
(Glenrothes) (SNP)
5. What recent discussions she has had with Cabinet colleagues on
the potential establishment of a special tribunal on crimes of
aggression against Ukraine. (905805)
The Attorney General ()
I am confident that Russia will be held accountable for its
appalling actions in Ukraine. We have been at the forefront of
international efforts. We have referred Russia to the
International Criminal Court, we will intervene on behalf of
Ukraine before the International Court of Justice later this
year, and we are part of the core group of states working to
establish a special tribunal for the crime of aggression.
The Attorney General will appreciate that the International
Criminal Court does not have jurisdiction over crimes of
aggression—in effect, the deliberate, violent and unprovoked
military incursion into the sovereign territory of another
recognised state. Karim Khan, a prosecutor at the ICC, has
pointed out that none of the other 93,000 war crimes committed by
Russia in Ukraine could have happened had it not been for that
initial crime of aggression. Will the Attorney General assure us
that steps are being taken to set up a special tribunal as
quickly as possible, so that Putin and his fellow criminals can
be brought to justice before they get the chance to destroy the
evidence?
The Attorney General
I thank the hon. Gentleman for his interest in this matter. There
are three broad strands to our work on accountability. First, we
have provided expert assistance to Ukrainian investigators.
Secondly, alongside the international community we will continue
to provide the ICC with funding, people and expertise, though I
accept that the crime of aggression cannot be prosecuted there.
Thirdly, we are exploring other options to hold Russia
accountable for the crime of aggression.
Rape and Serious Sexual Offences
(Keighley) (Con)
6. What steps the Crown Prosecution Service is taking to increase
support for victims of rape and serious sexual offences.
(905806)
(Rother Valley)
(Con)
10. What steps the Crown Prosecution Service is taking to
increase support for victims of rape and serious sexual offences.
(905812)
The Attorney General ()
We know that increased support for victims means that they are
more likely to stick with the case until trial. We are working
together across the criminal justice system to achieve that.
Independent sexual violence advisers are really effective. The
new intervention is the revised victims code, which will put a
duty on the CPS team to meet the victim.
In constituency surgeries I have heard some of the most
horrendous, gut-wrenching child sexual exploitation stories, some
of which have involved multiple instances of rape of young
children. That has profound, lifelong implications not only for
the victims but for their families. As the cases move through the
court, the experience can be terrible and traumatic, which is
further exacerbated if the trial is delayed. Will the Attorney
General assure me that in those cases, the whole family,
including the victim, are supported not only during the trial but
before and after, with mental health and wellbeing support?
The Attorney General
I have spoken to my hon. Friend about the specific case in his
constituency. The Government are making it easier for all
victims, including children, to access support. I spoke earlier
about ISVAs—we also have children and young persons’ independent
sexual violence advisers, who are specially trained to work with
children. The Solicitor General and I saw some great work in
Manchester, where a large number of child victims are
supported.
Some of those who groomed and raped children in Rotherham during
the child sexual exploitation scandal and were put away are now
starting to be released, some having served less than half their
sentence. That is causing immense psychological damage to the
victims, who live knowing that their rapists walk free. What can
we do to protect those vulnerable people and make sure that child
rapists serve their proper sentence behind bars?
The Attorney General
Public protection is our top priority,. We want serious offenders
to serve the time in prison that reflects the seriousness of
their crimes. Last year, we abolished automatic halfway release
for serious sexual and violent offenders who are serving more
than four years.
(Strangford) (DUP)
I thank the Attorney General very much for her answers. One thing
that concerns me and everyone in this House, but in particular
families, are the delays for those who have been sexually abused
over a number of years and are waiting for a trial to happen.
What has been done to support families and individuals through
that, because the timescale erodes their willingness and
confidence to have justice?
The Attorney General
The hon. Gentleman is quite right to raise the concern that with
delay comes victim attrition. The answer lies in support. The
ISVAs that I mentioned earlier are invaluable in ensuring that
victims are willing to continue their case to trial.
Serious Violent Crime: West Midlands
(Lichfield) (Con)
7. What assessment she has made of the adequacy of the level of
prosecution rates of serious violent crime in the west midlands;
and if she will make a statement. (905808)
The Solicitor General ()
On our recent law tour, the Attorney General and I saw at
first-hand the work of the Crown Prosecution Service west
midlands serious violence unit. As my hon. Friend would expect,
the CPS prosecutes violent crime robustly.
As the Attorney General will know from intimate knowledge,
serious violent crime is thankfully not something that Lichfield
suffers very much from at all, but that is not the case in the
broader west midlands. What can the CPS do to demonstrate to
people in the west midlands that it will have a zero tolerance
attitude and take action against serious violent crime?
The Solicitor General
The sale and use of drugs is driving serious and violent crime.
Last year, for drugs offences the CPS in the west midlands had a
conviction rate of over 90%. I agree with my hon. Friend’s zero
tolerance approach.
Unduly Lenient Sentence Scheme
(Stoke-on-Trent South)
(Con)
8. What recent assessment she has made of the effectiveness of
the unduly lenient sentence scheme. (905809)
The Solicitor General ()
The unduly lenient sentence scheme remains an important tool,
ensuring appropriate sentences for the most serious crimes. Last
year, we referred 139 cases to the Court of Appeal and the
sentence was increased in just under 70% of those cases.
I thank the Solicitor General for his response. He will recall
that I contacted him on behalf of a number of my constituents
about a child sex offender in my constituency. Our local
newspaper, the Stoke Sentinel, reported the sentencing of that
offender beneath the headline, “Pervert Walks Free From Court”.
My constituents are rightly concerned that such serious offenders
can receive a non-custodial sentence. Given that my right hon.
and learned Friend has been unable to intervene, will he review
the way in which such offending is evaluated, so that such cases
can be considered?
The Solicitor General
I am very grateful to my hon. Friend for his question and for
raising this case. He is a great champion for Stoke-on-Trent. He
will understand that I cannot comment on individual cases, but it
is right to say that the threshold or test for undue leniency is
a high one. In the vast majority of cases the Crown court judges
get the sentence right, and the Court of Appeal will grant
permission only in exceptional circumstances.
War Crimes Trials: Ukraine
(North Ayrshire and Arran)
(SNP)
9. Whether she has taken recent steps to support Ukraine’s
judiciary in its conduct of war crimes trials. (905810)
The Attorney General ()
We have sent our most experienced international judge, Sir Howard
Morrison, to train more than 100 Ukrainian judges. I met some of
them earlier this year in Kyiv with him. Next week, we have a
delegation of Ukrainian officials in the UK for prosecutorial
training.
The International Centre for the Prosecution of the Crime of
Aggression was launched in The Hague this week with the backing
of the EU, the US and the International Criminal Court,
collecting data, interviewing victims and building evidence files
to assist both international and national prosecutors to bring
criminals to justice for the invasion of Ukraine. In addition to
what the Attorney General has already said, what further
practical steps will she take to support the centre, and assist
and support international efforts to gather evidence of war
crimes committed in Ukraine?
The Attorney General
I thank the hon. Lady for her question. I would be delighted to
pick this up with her outside the Chamber if she would like more
detail on the work we are doing. I work very closely with the
Ukrainian prosecutor general, Andriy Kostin. His team are
currently investigating and prosecuting 92,000 open war crimes
cases during a conflict—something that is unprecedented. We are
providing help at every level, including prosecutorial and
evidence-gathering help. We are a keen part of the atrocity
crimes advisory group. We have been training judges. We are keen
to help with the wider accountability question on the
international stage as well. At all levels, we are absolutely
determined to help our friends in Ukraine.
Mr Speaker
Could the Attorney General keep going for another 30 seconds?
The Attorney General
I could keep going on Ukraine almost forever, Mr Speaker. What
else shall I talk about? What a delight! I could talk about
Ukraine all day.
There is another large piece of work on compensation that we are
undertaking with our international partners—
Mr Speaker
Well done!
