Royal Commission on Criminal Justice

Debate between Lord Keen of Elie and Baroness Kennedy of Cradley

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 Lord Keen of Elie and Baroness Kennedy of Cradley

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.