Operation Soteria Debate

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Department: Scotland Office
Lord Stewart of Dirleton Portrait Lord Stewart of Dirleton (Con)
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My Lords, I am grateful to my noble friend for her Question and for giving me of her time yesterday at our informal engagement so that she could outline the thinking behind this Question on an exceptionally important topic. She asked about introducing specialist courts for sexual violence; we have already completed a national rollout of pre-recorded evidence, which spares victims the ordeal of having to appear in a live courtroom and assists them in giving their evidence to the best effect. We will update the victims’ code so that CPS prosecution teams must meet with rape victims ahead of court cases to answer their questions and allay any concerns that they may have. In the next phase of our specialist sexual violence support project, we will ensure that participating Crown Courts have the option to remotely observe a sentencing hearing by videolink, and that will be available to any victim of crime who seeks it, subject to the agreement of the judge.

Lord Hogan-Howe Portrait Lord Hogan-Howe (CB)
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My Lords, there certainly are some improvements—and that is to be commended—but they are incremental against, as the noble Baroness, Lady Chakrabarti, said, the stages of the process. It is a particularly difficult set of crimes to investigate, often because of the consent issue where there is an existing relationship or, alternatively, because 70% of the victims are vulnerable at the time of the attack; in fact, they are often selected because of age, infirmity, alcohol or whatever. I wonder whether it is time for the Law Commission to consider whether the law fits the nature of the crime and whether it would allow research with juries to understand why they do not convict in some of these cases—something that is not allowed now. Otherwise, I think both the investigators and the prosecutors are getting worried about the prejudices exhibited sometimes by juries and therefore the charges do not go forward and the whole system stops. I just wonder whether it is time for an objective look at the crime as well as the investigation.

Lord Stewart of Dirleton Portrait Lord Stewart of Dirleton (Con)
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My Lords, I am again grateful for that contribution from the noble Lord, who of course speaks from his professional insight and great experience in investigating and superintending police officers working on this. I am aware that there is objective data about jury responses to crimes available which is the result of meticulous study in England and Wales. I can also assure the noble Lord and the House that we as a Government are working with the Law Commissions in relation to that.