Attorney General The Attorney General was asked— Terrorism
Offences: Prosecution Alex Chalk (Cheltenham) (Con) 1. What
steps the Crown Prosecution Service is taking to improve the
prosecution of terrorism offences. [901865] Colin Clark
(Gordon) (Con) 4. What steps the Crown Prosecution Service is
taking to improve the prosecution of...Request free trial
Attorney General
The Attorney General was asked—
Terrorism Offences: Prosecution
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(Gordon) (Con)
4. What steps the Crown Prosecution Service is taking to
improve the prosecution of terrorism offences. [901869]
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The Attorney General (Jeremy Wright)
The last financial year saw the highest number of
terrorism-related arrests in any year since data collection
began, and a 55% increase in trials from the previous year.
The conviction rate in terrorism prosecutions remained at
86%. The team of specialist prosecutors within the Crown
Prosecution Service counter-terrorism division has doubled
in size and their skills have been enhanced through
training and sharing best practice with partners.
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Disclosure to the defence in terrorism trials, as in any
other trials, of material that might be of assistance to
the defence or that might undermine the prosecution is the
touchstone of a fair trial. Yet, notwithstanding my right
hon. and learned Friend the Attorney General’s guidelines,
there are concerns about the inconsistent application of
those requirements. What more can be done to ensure that
this vital task is properly discharged?
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The Attorney General
I am grateful to my hon. Friend, who has considerable
experience in prosecuting cases. He is right that
disclosure is a huge challenge, and becoming an ever
greater one, because of the volume of material that arises,
particularly in terrorism cases. We need to make sure we
understand fully how we deal with a large quantity
particularly of electronic material and sift it
effectively. Then we need to make sure that all those
involved in the disclosure process—both police officers and
prosecutors—understand their responsibilities fully.
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What measures are in place to prosecute those linked to the
war in Syria?
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The Attorney General
This is a matter of considerable public concern. He will
know that many of the offences related to what is happening
in Syria are offences of preparing to commit acts of
terrorism. Over the 10 years from 2006 to 2016, 90
offenders were charged with these offences, 81 of whom
received immediate custodial sentences at an average of
eight years and five months’ imprisonment.
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(Strangford) (DUP)
Bearing in mind that there was a 30% drop between June 2016
and June 2017 in convictions for terrorism-related
offences, will the Minister outline how he has instructed
the CPS to improve the conviction-arrest ratio?
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The Attorney General
Across the United Kingdom, the volume of cases and
convictions is going up all the time. It is important that
we recognise that the volume of cases reflects a genuine
problem—a problem not just of terrorist acts, but of those
who encourage or glorify terrorism. We must make sure the
law keeps pace with that in terms of substantive offences
and the sentencing regime.
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(Glenrothes) (SNP)
Following on from that answer, has the Attorney General
seen the content published online yesterday by the Leave.EU
campaign, in which a number of his hon. and right hon.
colleagues were denounced as traitors and as a cancer,
simply because they disagreed with the views held by the
billionaire owner of that company? Will the Government
consider amending legislation so that such clear
incitements to hatred can be prosecuted through the
criminal courts?
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The Attorney General
I agree that incitement to hatred is reprehensible, from
wherever it comes and whatever subject it is based on, and
it is important that the criminal law is available to deal
with that conduct. The hon. Gentleman is right too—he has
heard me say this before—that conduct online should be
treated no less seriously than conduct offline. No one
should imagine that they are immune from the criminal law
if what they are doing is online instead of in what we
might call the real world.
Leaving the EU: Prosecution of Criminals
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(Stockton North)
(Lab)
2. What steps the Government are taking to ensure that
leaving the EU does not limit the UK’s ability to prosecute
criminals. [901866]
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The Attorney General (Jeremy Wright)
The Prime Minister has made it clear that the United
Kingdom is committed to maintaining both the UK’s and
Europe’s security now and after our withdrawal from the EU.
We believe that the UK and the EU should work together to
design new, dynamic arrangements as part of our future
partnership, that would allow us to continue and to
strengthen our close collaboration on security, law
enforcement and criminal justice.
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Next year, London will host the Commonwealth summit, which
is a real chance to build on what the Minister has just
said—that commitment across different countries to build up
capacity to prosecute criminals. Can the Attorney General
assure the House that every effort will be made to build
the widest possible coalition to tackle crime, which knows
no borders?
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The Attorney General
Yes, I can give the hon. Gentleman that reassurance, and he
is absolutely right that such offences are best dealt with
transnationally, because they are committed
transnationally. He will recognise that outside the
European Union we have a number of different relationships
with many other countries to enable us to do law
enforcement more effectively and of course bring
prosecutions more effectively too.
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(Bromley and
Chislehurst) (Con)
The Justice Committee, in its report in the previous
Parliament on the legal implications of Brexit, referred to
a number of practical measures that need to be taken to
maintain criminal justice co-operation. Can the Attorney
General help us on what progress has been made on those,
and in particular what steps are being taken to ensure that
we have continuing data regulation alignment after we
leave?
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The Attorney General
Yes. My hon. Friend is right that data is crucial to this,
and he will recognise that two things need to be done
simultaneously. We need to aspire to the closest possible
co-operation in law enforcement and security with our
European friends after our departure from the EU. We also,
of course, need to prepare for what I think is the unlikely
possibility that we will not have an ongoing relationship,
and there may be a need to fall back on other things. But
as I say, I think that is an unlikely possibility, and I
think it is very important that we have the closest
possible co-operation, which of course is in the interests
not just of the UK but of the EU.
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(Torfaen)
(Lab)
It is vital that we maintain the advantages of our current
prosecution toolbox when we leave the EU.
May I press the Attorney General on the allegations that
exist of widespread international money laundering against
the President of South Africa and the Gupta family, which
is stripping money from South Africa and leaving that
country as a captured state? Can the Attorney General
assure me that our exit from the European Union will not
hamper any investigation into those matters?
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The Attorney General
As I said to the hon. Member for Stockton North (Alex
Cunningham), we should all recognise that crimes like money
laundering do not stop at national borders and therefore
they cannot be combated solely by one nation state, and
they are not being. Our co-operation with other countries
will continue, and I hope be enhanced, because I believe
this kind of transnational offending is likely to increase,
not decrease. The hon. Member for Torfaen (Nick
Thomas-Symonds) would not expect me to comment on ongoing
investigations in specific cases, but I can assure him that
when it comes to money laundering, as with other types of
offending, that transnational co-operation will continue.
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I am grateful for that answer. Of course, I would not
expect specific points on a specific case, but is the
Attorney General aware that there are now further
allegations against the Gupta family about a financial
kickback from China South Rail that originates from the
South African state enterprise Transnet? Can he assure me
that if necessary the National Crime Agency, the Serious
Fraud Office and the Financial Conduct Authority will
undertake appropriate investigation of this matter?
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The Attorney General
Yes. As the hon. Gentleman will readily recognise, one of
the challenges in cases like this is to determine the
appropriate jurisdiction, because many other law
enforcement agencies in many other countries may well have
an interest, but we do try and do that, and we are
generally successful in reaching what I think are sensible
settlements on who does what. He can rest assured that
under this Government, offending of the type he has
described will be properly pursued, wherever it takes place
and whoever is responsible.
Sentencing
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(Eastleigh) (Con)
3. What recent assessment he has made of the effectiveness
of the unduly lenient sentence scheme. [901867]
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(North West
Leicestershire) (Con)
11. What recent assessment he has made of the effectiveness
of the unduly lenient sentence scheme. [901876]
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The Solicitor General (Robert Buckland)
The number of sentences considered by the Attorney General
and me has more than doubled since 2010, from 342 to 837
requests last year. We took 190 of those cases to the Court
of Appeal in 2016, and the Court agreed to increase the
sentences of 141 offenders.
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Controlling behaviour is mentioned in my constituency
surgeries and the new law in this area is welcomed.
Constituents have also welcomed the Court of Appeal’s
increase of the sentence imposed on an offender engaged in
serious incidents of violence and controlling behaviour
against his partner. The offender is now spending an extra
three years in prison, following the Attorney General’s
referral of the case through the unduly lenient sentence
scheme. Will my hon. and learned Friend please outline what
steps he is continuing to take to increase public awareness
of the unduly lenient sentence scheme?
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The Solicitor General
Indeed. We use every type of media, including social media,
to raise awareness. We also use local radio interviews and
I personally conduct a number of cases in the Court of
Appeal on behalf of the Government. The results show an
increase in the number of referrals.
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A number of my constituents are concerned at what they see
as unduly lenient sentences handed down to some people who
have been convicted of causing death by dangerous driving.
Will my hon. and learned Friend confirm how many such
sentences have been reviewed and increased?
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The Solicitor General
The offences of causing death by dangerous driving and
causing death by careless driving under the influence of
drink and drugs are in the regime, and since the beginning
of 2015 eight cases of that nature have been referred to
the Court of Appeal, five sentences have been increased and
one is currently pending, even today.
Pro Bono Work
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(Mid Worcestershire)
(Con)
5. What steps he has taken to encourage pro bono work in
the last 12 months. [901870]
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The Solicitor General (Robert Buckland)
As pro bono champions in the Government, the Attorney
General and I chair the pro bono panel and committee to
bring together the most important players to steer and
co-ordinate the overall work. As Members will be aware,
last week was the 16th national pro bono week, and the
Attorney General and I attended and supported events up and
down the country to encourage and support the excellent
work being done.
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I am sure that, like me, many colleagues receive requests
from constituents who are not wealthy and come to our
offices with complex legal issues, although our offices are
not capable of dealing with them. How can we ensure that
people in desperate need get help, either through legal aid
or a much enhanced pro bono scheme?
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The Solicitor General
I am sure that my hon. Friend and many other colleagues
will use the services of the Bar pro bono scheme and,
indeed, the LawWorks scheme, which can assist in individual
cases. The Government are reviewing the operation of the
legal aid regime, and we are going to work with expert
advisory panels to find the most effective ways to provide
that essential early advice and support for people in need.
Rape and Sexual Offences: Prosecutions
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(Leigh) (Lab/Co-op)
6. What recent discussions he has had with the Director of
Public Prosecutions on ensuring more effective prosecutions
of cases involving rape and other sexual offences. [901871]
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The Attorney General (Jeremy Wright)
I have frequent discussions with the Director of Public
Prosecutions on a range of issues, including cases of rape
and other sexual offences. May I take this opportunity to
update the House on one aspect of trials of this kind of
offending?
Earlier this year, the then Justice Secretary and I asked
the Crown Prosecution Service to review a sample of case
files to ascertain the frequency of applications to
introduce evidence relating to the previous sexual history
of a complainant, under section 41 of the Youth Justice and
Criminal Evidence Act 1999. Section 41 provides for a
presumption against the inclusion of evidence based on
previous sexual history, but allows that evidence to be
heard only in restricted circumstances. I am grateful to
the Director of Public Prosecutions for her findings, which
show that in only 13% of the cases looked at was an
application under section 41 made, and that in just 8% of
those cases was an application granted by the judge. That
indicates that the overwhelming majority of rape cases see
no evidence submitted of a complainant’s previous sexual
history, but the Government are looking carefully at the
detailed findings to assess the operation of the law in
practice, and we will set out our conclusions shortly.
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I welcome the Attorney General’s comments, but does he
accept that low conviction rates for rape and sexual
offences can deter victims from reporting those incidents
to the police—an issue that was recently brought to my
attention by a constituent? If so, will he work with the
Director of Public Prosecutions to improve confidence in
our ability to prosecute such cases and ensure that victims
are able to come forward?
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The Attorney General
I am grateful to the hon. Lady, and the answer to her last
question is certainly yes—that is what we are doing. She is
right: there are a number of factors that might deter those
who should come forward to report crimes of this nature
from doing so, and of course deter them from pursuing those
cases throughout trial. We must not only do what we can to
ensure that conviction rates are where they should be, but
make sure that complainants are properly supported
throughout the case. We do that through independent sexual
violence advisers and special measures. She will know that,
in relation to vulnerable witnesses in particular, we are
beginning to roll out pre-recorded cross-examination so
that people can give their evidence outside a courtroom and
get it done before the trial begins. All those things will
help, but there is more to do.
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(Horsham) (Con)
The Attorney General has just touched on this, but does he
agree that it will help more vulnerable people to come
forward if they feel that they can have a pre-trial
cross-examination?
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The Attorney General
I agree with my hon. Friend. That is important for two
reasons. First, as I have indicated, for those people it
means that their part in the case can be over before the
rest of the trial takes place, meaning that they are not
subject to any delays from which the case may suffer.
Secondly, they are of course giving evidence outside the
courtroom, without having to confront the defendant in the
case. It is of huge benefit and, as I have said, I look
forward to its further roll-out.
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(Glasgow Central)
(SNP)
In his capacity as ex officio Advocate General for Northern
Ireland, what advice has the Attorney General given to his
colleagues in government about the implications of the
Criminal Law Act (Northern Ireland) 1967 on cases of rape
in Northern Ireland, with particular reference to the
non-consensual sex exemption form?
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The Attorney General
As the hon. Lady may anticipate, I obviously do not discuss
the advice that I have given within government. However,
she can take it for granted that in relation to Northern
Ireland, as in relation to all other parts of the United
Kingdom, we take these offences extremely seriously, and we
wish them to be prosecuted effectively.
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Mr Speaker
I call .
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(Livingston)
(SNP)
Question 7, Mr Speaker.
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The Attorney General (Jeremy Wright)
With permission, Mr Speaker, I will answer this question
along with Questions 8 and 9.
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Mr Speaker
Order. Question 9 has in fact been withdrawn. The Attorney
General did not need to know that and clearly did not know
that, which is no indictment of him, but it has been
withdrawn.
Leaving the EU: Human Rights
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(Livingston)
(SNP)
7. What assessment he has made of the effect of the UK
leaving the EU on the protection of human rights in the UK.
[901872]
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(Glasgow North)
(SNP)
8. What assessment he has made of the effect of the UK
leaving the EU on the protection of human rights in the UK.
[901873]
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The Attorney General (Jeremy Wright)
The United Kingdom has a long tradition of ensuring that
rights and liberties are protected domestically, and of
fulfilling its international human rights obligations. The
decision to leave the European Union does not change this.
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When the European Union (Withdrawal) Bill returns to this
House, we will debate the EU charter of fundamental rights.
Will the Government support the codification of the charter
into UK law following its departure from the EU, and will
they support their own Back Benchers’ amendments that have
cross-party support?
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The Attorney General
No. The reason is that the charter of fundamental rights,
as the Labour Government indicated at the time, does not
create any new rights. It incorporates rights that are
already part of European Union law, and the Government’s
intention is to translate those substantive rights into
domestic law by the operation of the withdrawal Act. We do
not intend to incorporate the charter of fundamental rights
into domestic law.
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How will leaving the European Union protect and enhance our
rights, under the European convention on human rights, to
free and fair elections of the legislature? Given that the
vast majority of legislators in this country are not
elected—they are Members of the House of Lords—are the
Government confident that they will be complying with their
ECHR obligations both before and after Brexit?
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The Attorney General
Yes, we are confident that we are compliant with our ECHR
obligations. The hon. Gentleman enables me to point out
that, as he knows, our ECHR obligations will remain after
we have left the European Union.
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(Corby) (Con)
The UK has always been at the forefront of international
human rights. Does my right hon. and learned Friend agree
that we will continue such co-operation, not least, for
example, under the auspices of the Council of Europe?
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The Attorney General
I agree with my hon. Friend. I find it surprising that
Members of this House have so little faith in their own
institution. This House is perfectly capable of protecting
the rights of the citizens of this country, and routinely
does so. We do not need the assistance of the European
Union to do it, and after we no longer have the assistance
of the European Union, I am confident that this Parliament
will continue to do it effectively.
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(Shipley) (Con)
For many years, many people in this House seemed to think
that human rights in this country started only with the
Human Rights Act 1998, and they now seem to think that they
started only with our membership of the European Union.
Will the Attorney General confirm that our rights and
freedoms in this country go back way beyond either of those
points in our history, and will continue long into the
future after they have both been replaced?
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The Attorney General
The rest of the world is rightly jealous of this country’s
ability to protect human rights through a robust system of
the rule of law, a fiercely independent judiciary, and an
effective legal profession.
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(Paisley and
Renfrewshire North) (SNP)
May I press the Minister following the answer that he gave
to my hon. Friend the Member for Livingston (Hannah
Bardell)? Last week, in front of the Exiting the European
Union Committee, the Under-Secretary of State for Exiting
the European Union, the hon. Member for Wycombe (Mr Baker)
stated that the Government believe that the Human Rights
Act can be relied on in place of the charter of fundamental
rights. Does that mean that the Government are now fully
committed to the retention of that Act beyond Brexit?
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The Attorney General
I thought we had made clear that this country will remain a
signatory to the European convention on human rights for
the duration of this Parliament. The Under-Secretary of
State was making the point that I made earlier: we are
confident that the substantive rights that all Members of
the House wish to continue to be protected, will remain
protected in domestic law.
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Mr (Wellingborough)
(Con)
Does the Attorney General agree that it is an absolutely
absurd proposition to suggest that if we come out of the EU
we will deliberately in some way reduce human rights? That
is an absolute nonsense, and it is a shame that the
Opposition are peddling it.
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The Attorney General
I agree on both counts.
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(Newport West) (Lab)
The Attorney General does not seem to get the point. Our
role in human rights in Europe has been to set the gold
standard and to show an example. The Council of Europe has
experienced recent cases of corruption, with a man called
Luca Volontè who took a bribe. The chairmanship was by
Azerbaijan—a corrupt country. Our role is not to protect
our own human rights by being in Europe, but to set a
standard that can be emulated by other countries that have
very serious breaches of human rights.
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The Attorney General
The hon. Gentleman may be in danger of confusing the
European convention on human rights with the charter of
fundamental rights. As I said, the Government he
supported—the last Labour Government—made it clear that no
new rights were created by the charter of fundamental
rights. Therefore, taking away that charter cannot remove
any rights, and the Government have no intention of doing
so.
Online Abuse: Prosecution Rates
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The Solicitor General (Robert Buckland)
The number of prosecutions commenced under the Communications
Act 2003 and the Malicious Communications Act 1988, which
include many online offences, have increased by 68% in the
past three years.
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Latest figures show that the CPS successfully prosecuted
15,000 cases of hate crime in 2015-16. However, in the same
year the number of cases referred to prosecutors by the
police dropped by 10%. Can the Solicitor General explain why
that should be?
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The Solicitor General
The CPS is working with the police locally and nationally to
understand the reasons for that. Anecdotally, it is believed
that some police forces are using restorative justice or
out-of-court disposals where they could have pursued
prosecutions. Let me reassure the hon. Gentleman and make
clear that it is unacceptable for any group or person to use
the internet as a means to harass, intimidate or threaten
individuals in an illegal manner online.
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Several hon. Members rose—
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Mr Speaker
Thank you. Oh no, we cannot stop now. We must hear Mr
Hollobone.
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Mr (Kettering)
(Con)
Which CPS area is best at prosecuting online abuse cases, and
how might its best practice be rolled out to other areas?
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The Solicitor General
I do not have area-by-area figures, but I will endeavour to
supply them to my hon. Friend. On hate crime, sentencing
uplifts have increased, and they continue to do so, to 52.2%
of cases last year—a rise from 33.8% in the previous year.
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(Stirling) (Con)
What can be done to strip away the anonymity of online trolls
who make life such a misery for people online?
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The Solicitor General
That issue is being considered as part of the code of
practice that is being established, pursuant to the Digital
Economy Act 2017. That code will set out guidance on what
social media providers should do regarding conduct on their
platforms, which includes the behaviour referred to by my
hon. Friend. He also raised the important issue of anonymity,
and the individuals who hide behind that and use it as a
cloak for their illegal activities. The prosecution will
always seek to pierce that cloak and prosecute those
responsible.
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