Royal Commission on Criminal Justice

Debate between Baroness Kennedy of Cradley and Lord Keen of Elie

Wednesday 15th July 2020 Lords Chamber

[Lord Keen of Elie]

The matter to which my noble friend refers is one of considerable importance but I cannot say that it is an issue that will be embraced by the royal commission.

[Baroness Kennedy of Cradley (Non-Afl) [V]]

My Lords, after years of underfunding, our criminal justice system is crumbling. Criminal trials have dropped to an all-time low despite recorded crime continuing to rise. Can the Minister tell us when exactly the terms of reference for the royal commission will be finalised? Also, can he guarantee that the commission will have a comprehensive remit and be able to look at every part of our criminal justice system, and will he ensure that support for victims is put at the top of its agenda?

[Lord Keen of Elie]

My Lords, we anticipate that the royal commission will be able to commence its work in the autumn, having before it a finalised set of terms of reference. We have to be realistic about how the royal commission will operate. We wish it to report within 12 to 18 months; accordingly, the terms of reference will have to reflect that timescale.

Crown Prosecution Service: Rape Cases

Debate between Baroness Kennedy of Cradley and Lord Keen of Elie

Thursday 5th March 2020 Lords Chamber

[Lord Keen of Elie]

My Lords, whatever the terminology may be, RASO prosecutors are trained in all of these matters, and when they come to apply the merits test in relation to such complaints they do so simply on the basis of the merits. Certainly the CPS is clear that victims and witnesses should never be discouraged or prevented from seeking therapy and counselling, whether before or during a trial process, and that the need for such counselling should be taken into account when addressing the evidence placed before the CPS.

[Baroness Kennedy of Cradley (Lab)]

My Lords, the other day there were more media reports of young girls, raped as children, who cannot get justice because of the one-year time limit to commence proceedings for unlawful sexual intercourse set by the old Sexual Offences Act 1956. When I raised this question with the noble and learned Lord last October, he referred to the review that he has just mentioned to my noble friend. Do we really need a review to bring forward action to close this unjust loophole that is protecting rapists and not giving victims the justice they deserve?

[Lord Keen of Elie]

My Lords, I appreciate the concern that has been expressed in respect of this matter. We are taking forward the review but, in addition, we are also setting up a child sexual abuse stakeholder forum, which consists of survivor groups, key national charities and academics in order to address this issue.

Crime: Rape

Debate between Baroness Kennedy of Cradley and Lord Keen of Elie

Tuesday 22nd October 2019 Lords Chamber

[Baroness Kennedy of Cradley]

To ask Her Majesty’s Government what plans they have to change the law in respect of the offence of rape.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, we are committed to ensuring that the law is fit for purpose and that the offence of rape is well understood. The decline in the number of rape cases reaching court is a matter of concern. The Government are committed to a cross-government review of the criminal justice system’s response to rape. If barriers to justice are uncovered, we will take action.

[Baroness Kennedy of Cradley (Lab)]

My Lords, how can it be right that young girls aged 13 to 15 who were groomed, exploited or manipulated into having underage sex cannot get justice for the crimes against them because the abuse they suffered took place before 1 May 2004? The one-year time limit to commence proceedings for the offence of unlawful sexual intercourse, set by the old Sexual Offences Act 1956, is protecting countless perpetrators who should otherwise still be prosecuted for abusing underage girls. I believe, as do many others, that legislation can put this right. Will the Minister commit the Government to investigating and closing this loophole?