Oral Answers to Questions

Debate between Lord Brennan of Canton and Robert Buckland

Tuesday 6th January 2015 Commons Chamber

[The Solicitor-General]

May I first welcome the hon. Gentleman to his position and offer warm congratulations to him? The point he makes is perhaps more relevant to other types of sexual offences that are not included in the schedule to the Armed Forces Act 2006. When it comes to rape and serious sexual offences, I can assure the hon. Gentleman that the rigorous standards used by the CPS are those adopted by the SPA as well. The joint training and joint working I mentioned allow the Attorney-General and I the reassurance we need to make sure that these serious matters are prosecuted effectively.

[Kevin Brennan (Cardiff West) (Lab)]

7. What recent assessment he has made of the cost to the public purse of errors in law made by the Crown Prosecution Service when bringing forward prosecutions.

[The Solicitor-General (Mr Robert Buckland)]

There are a number of safeguards, both in the CPS and in the criminal justice system, to minimise the impact of errors in law. They include the CPS casework quality standards, judicial oversight, and the appeal process itself. There is no central record of the overall cost to the public purse when such errors of law occur, but whenever errors are identified, the CPS works to address them.

[Kevin Brennan]

May I encourage the Solicitor-General to try to calculate the cost? Obviously, we should like to know what impact staff cuts in the CPS might have on the costs of cases, and, in particular, how they might affect the ability of the CPS to prepare and present cases. In that spirit, will the Solicitor-General undertake to try to identify the cost and let the House know what it is?

[The Solicitor-General]

I am grateful to the hon. Gentleman for the spirit in which he asked his question. I can tell him that the total value of cost awards against the CPS was only 0.2% of its budget, and that, within that percentage, identifying specific errors of law was going to be very difficult. However, I can assure him that only 142 appeals against conviction were allowed last year, and that very few of those will have involved an error of law on the part of a CPS lawyer. An error might well have been made by the trial judge, or might have been made at some other point in the system, but I can assure the hon. Gentleman that the number of errors of law committed purely by CPS lawyers is very small indeed.

Oral Answers to Questions

Debate between Lord Brennan of Canton and Robert Buckland

Tuesday 14th October 2014 Commons Chamber

[The Solicitor-General]

My hon. Friend is right to emphasise the huge publicity that the Invictus games brought to the victim surcharge. It is now being used to help a range of victims—victims of rape and domestic violence and families bereaved by murder and by road traffic crimes involving a fatality.

[Kevin Brennan (Cardiff West) (Lab)]

Further to the question from my hon. Friend the Member for Darlington (Jenny Chapman), I know that the hon. and learned Gentleman cared strongly about legal aid and the restrictions on advice given to our constituents. Would it not make sense to restrict to such levels the legal costs that can be claimed by those appealing against confiscation of funds obtained through criminal activities?

[The Solicitor-General]

I repeat that I am always receptive to new ideas. Quite clearly, more needs to be done to rein in some of the excesses of the cases that both the hon. Gentleman and I know about, but it is important that we focus efforts on getting the orders right in the first place and making sure that they are realistic and can be enforced. Enforcement is probably the most important priority.