Oral Answers to Questions
Michael Ellis Excerpts(4 years, 2 months ago)
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Antony Higginbotham (Burnley) (Con)
The Solicitor General (Michael Ellis)
The needs and sensitivities of vulnerable victims are at the centre of Crown Prosecution Service casework. Prosecutors apply for special measures to ensure that vulnerable victims are supported to give their best evidence, and the CPS is engaged closely with the Courts and Tribunals Service, the police and other partners to facilitate the rapid roll-out of pre-recorded cross-examination for vulnerable victims and witnesses. The CPS regularly engages with stakeholders and works with national and local partners to continuously inform and improve its service, including to vulnerable victims and witnesses.
Antony Higginbotham
The sad reality is that there was an increase in domestic violence during the months of lockdown earlier this year. We know that it takes enormous courage for victims to come forward. How can I reassure my constituents in Burnley who are vulnerable victims of this awful crime that they will be protected and supported by the CPS and the Government when they come forward?
The Solicitor General
My hon. Friend is right. The Domestic Abuse Bill is a landmark Bill, and it contains many measures that I know he will welcome to support and protect victims. They include the introduction of domestic abuse protection orders, protections for victims to prevent them from being cross-examined by their abusers in family and civil courts, and the introduction of the first statutory definition of domestic abuse. He may be interested to know that in recent months, an increase in the number of domestic abuse cases moving through the system has been seen in CPS data for the county of Lancashire, and that is good news.
Elliot Colburn (Carshalton and Wallington) (Con)
Crime rates in Carshalton and Wallington are, thankfully, below the national and London averages. However, worryingly, domestic abuse in the London Borough of Sutton is higher, on average, than in the rest of London, with covid restrictions only exacerbating the problem. What actions can my right hon. and learned Friend take to ensure that vulnerable victims and witnesses of domestic violence are supported and protected from intimidation during trial?
The Solicitor General
Domestic abuse is an abhorrent crime. It is a high priority for the CPS in my hon. Friend’s area of Sutton and everywhere in this country. It is vital that we bring the perpetrators of these crimes to justice. Prosecutors apply for special measures, and that will help to ensure that vulnerable victims are supported to give their best evidence in difficult circumstances, and that they are protected from contact with the perpetrator of their abuse.
Ian Levy (Blyth Valley) (Con)
Bob Blackman (Harrow East) (Con)
The Solicitor General (Michael Ellis)
The Serious Fraud Office responded quickly to the disruption caused by covid, and it has continued to progress casework during this period. Notably, it has achieved a conclusion of the prosecutions in the Unaoil case, reached a deferred prosecution agreement with G4S, laid charges in the GPT case and obtained asset confiscation orders in other cases. The SFO’s ability to maintain operational effectiveness during covid was recognised in the report on its response to the pandemic that was published by the Crown Prosecution Service inspectorate.
The Solicitor General
The chief investigator of the SFO led a taskforce in relation to covid, to assess all operational activity that was initially halted by the pandemic as part of the office’s wider recovery planning. In addition, general counsel for the Serious Fraud Office introduced virtual systems for reviewing cases and virtual processes. We have been monitoring the SFO closely and it has been performing well in very difficult circumstances.
Bob Blackman [V]
Thank you, ground control.
I thank my right hon. and learned Friend for his answers thus far. Will he go a bit further on the recent deferred prosecution agreements, including those with G4S and with Airbus? What assessment has he made of the benefits of DPAs as a tool for prosecuting those accused of such offences?
The Solicitor General
I thank my hon. Friend. DPAs are very important. They are extremely powerful tools that hold companies to account, and the SFO remains committed to using them. Since 2014, the SFO has agreed eight DPAs, five of which were for overseas corruption offences. The total value to the Treasury of all eight DPAs was around £1.58 billion, so I do hope that Her Majesty’s Treasury is listening; they bring large sums of money into the Exchequer.
Gerald Jones (Merthyr Tydfil and Rhymney) (Lab)
The Solicitor General (Michael Ellis)
Covid-19 has presented an unprecedented challenge for the criminal justice system, and significant cross-system working has been under way to keep cases moving through the system throughout the pandemic. Prosecutors and front-line CPS staff have continued to cover open courts throughout the outbreak. I pay tribute and put on record my sincere thanks to all the staff at the Crown Prosecution Service for continuing to support the justice system, and to the independent Bar and solicitors as well.
Rosie Cooper [V]
Following the comments of Judge Raynor, who accused the Government of systemic failure for not conducting trials in a reasonable time, what steps is the Attorney General taking with the Lord Chancellor to increase the number of safe and effective jury trials?
The Solicitor General
I thank the hon. Lady for her question. Actually, in the Crown court we safely resumed jury trials in England and Wales before any comparable jurisdiction in the world. With the full support of Public Health England and Public Health Wales, we were quicker off the mark to restart jury trials than our neighbouring countries. More than 900 jury trials have been listed since they recommenced on 18 May. I thank the Lord Chief Justice for his leadership in that area.
Gerald Jones
We have seen reports of some trials being listed for 2023, and in some cases court dates are not being given indefinitely. Does the Solicitor General agree with me that justice delayed is justice denied, and what is he doing to work to make sure that safe jury trials can be brought forward?
The Solicitor General
This is clearly a very important issue. We are performing better than comparable Commonwealth countries, but there is always more to do, and the hon. Member is right that we want to avoid delays as much as possible. For example, 128 rooms suitable for jury trials are currently available, and this will rise to 250 by the end of October. We are doing everything we can. The Crown Prosecution Service is now eating into its backlog—so the backlog is no longer increasing; it is decreasing—and will continue to do more. The Ministry of Justice has responsibility in this area.
Stephen Farry (North Down) (Alliance)
Liz Twist (Blaydon) (Lab)
The Solicitor General (Michael Ellis)
In spite of covid-19, the Crown Prosecution Service is determined to bring domestic abuse perpetrators to justice. We had an £85 million uplift from the Treasury last year. The target to recruit 390 more prosecutors has been met.
Liz Twist
But CPS statistics show that domestic abuse complaints have rocketed during the lockdown—that also applies in the Northumbria area, where I am from—yet there are also hidden domestic abuse cases. What measures will the Solicitor General be taking to ensure that these cases are dealt with quickly?
The Solicitor General
The hon. Member is right to ask this question. It is important for Northumbria and around the country. Domestic abuse cases continue to be afforded a higher priority than other types of offences by our criminal justice system. This was reinforced, for example, in the guidance for judges about listings in the magistrates courts that has been issued by the senior presiding judge for England and Wales. It is a priority for the Crown Prosecution Service too, and we are going to keep a focus on this important area.
Lloyd Russell-Moyle (Brighton, Kemptown) (Lab/Co-op)
Oral Answers to Questions
Michael Ellis Excerpts(4 years, 4 months ago)
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Michael Fabricant (Lichfield) (Con)
The Solicitor General (Michael Ellis)
Reporting by the press or on social media may sometimes present a risk of prejudice to criminal proceedings. It is important to protect due process and the right to a fair trial. In my role as guardian of the public interest, I can and have issued media advisory notices. This is important in order to inform responsible reporting to avoid prejudice to ongoing criminal proceedings.
John Lamont
Does the Solicitor General agree that on the whole the press does act responsibly and is swift to act in relation to material that may be prejudicial to court proceedings?
The Solicitor General
My hon. Friend is right, and it is right to acknowledge that the press is on the whole very responsible in its reporting of court proceedings, which is why issuing a media advisory notice is an exceptional course of action. In the past 12 months, I have only done that twice. However, it remains an important power, which will be used if necessary.
Michael Fabricant [V]
Journalists get training, but the average person does not know about contempt of court and we get contempt of court through social media, so what can the Solicitor General’s Department do to try to educate people when they might be doing just that inadvertently?
The Solicitor General
I thank my hon. Friend for that question. That is quite right and he makes an important point about social media and the risk of contempt of court. My office has prepared and promoted materials available online to inform the general public, including slides and web pages, and I entirely agree that an emphasis on education is important to ensure that members of the public do not inadvertently publish prejudicial material online, because doing so can have serious consequences.
Henry Smith (Crawley) (Con)
Jessica Morden (Newport East) (Lab)
The Solicitor General (Michael Ellis)
The Government take cases of domestic abuse extremely seriously. Despite the challenges generated by the covid-19 pandemic, the CPS has shown its determination to bring perpetrators to justice and provide victims with the greatest possible protection from repeat offending. I have to say those cases are among the highest priority for the Crown Prosecution Service and the highest priority being dealt with by the criminal justice system.
May I take this opportunity to commend the superb work of the Duchess of Cornwall on the issue of domestic abuse and her leadership in this area?
Jessica Morden [V]
There has been an 83% increase in domestic abuse related crimes in Wales since 2015. The £85 million promised by Government to the CPS will go nowhere near the £225 million cuts made by the Government. What assurances can the Attorney General and Ministers give victims that the resourcing is sufficient for their cases to be dealt with effectively?
The Solicitor General
I thank the hon. Lady for that important question. The Government have recently announced a number of funding packages that are linked to domestic abuse post covid, including £16.6 million announced by the Ministry of Housing, Communities and Local Government to go to 75 local authority projects for delivery of support to victims of domestic abuse and their children; £3.1 million from the Home Office for specialist services for children who have been directly and indirectly affected; and £28 million for a package of support for survivors of domestic abuse and their children from a fund from the Chancellor of the Exchequer. A lot of money is, rightly, being directed to that area.
Theresa Villiers (Chipping Barnet) (Con)
The Solicitor General (Michael Ellis)
Burglary is a terrible crime that can have a long-lasting impact on victims. The CPS is committed to bringing robust prosecutions against offenders who commit burglary and ruin lives by doing so. The CPS will work with the police to ensure that the strongest possible evidence is put before the court. My right hon. Friend will be interested to know that the latest CPS data shows that of those prosecuted for burglary, 87.9% are convicted.
Theresa Villiers
I thank the Solicitor General for his answer. Many of my constituents in Chipping Barnet are really worried about burglary. May I urge him to urge the police and the CPS to take this very seriously? Too often, they seem to know who the burglars are, but charges, arrests and prosecutions just do not seem to follow.
The Solicitor General
My right hon. Friend is quite right to focus on this point, and I know that she has a track record of supporting her constituents in this area. The CPS is committed to bringing charges in all cases where the code test is met. If there is the evidence, if it meets the requisite standards, people will be prosecuted for burglary.
David Linden (Glasgow East) (SNP)
Marco Longhi (Dudley North) (Con)
The Solicitor General (Michael Ellis)
The scheme has had a number of recent successes. I am pleased to inform the House of two in particular. A recent case dealt with horrific offending concerning streaming child sexual abuse images online. The offender’s sentence was increased from one year and eight months’ imprisonment to four years’ imprisonment after I referred it. That was the first increase since that particular offence was brought within the scheme. In addition, I personally went to court to present the first controlling and coercive unduly lenient sentence. The sentence was increased from a two-year community order to three years’ immediate imprisonment.
Marco Longhi
Does the Solicitor General recognise the importance of the fact that the punishment must fit the crime, for public confidence and also for my Dudley constituents?
The Solicitor General
My hon. Friend is absolutely right to speak up for his constituents in Dudley on this matter. Public confidence in sentencing is crucial, and I am delighted to say that the general public do have and should have confidence in sentencing. The reality is that a very tiny fraction—far less than 1%—has to be referred to the Court of Appeal for a review of sentence for undue leniency. In his area, he might be interested to know of a case where a sentence of two and a half years for possession of a sawn-off shotgun and other material was increased to five years when it was referred by me for a review.
Feryal Clark (Enfield North) (Lab)
The Solicitor General (Michael Ellis)
The CPS has made changes to its system for paying fees to advocates to help support them during this difficult time, adjusted to ensure payment for work performed, even where a normal invoice trigger point has not been reached. The Ministry of Justice is also working closely with legal practitioners to understand the impact of covid-19 on them. The Legal Aid Agency has streamlined the process for interim payments and hardship payments, including lowering the threshold for when such claims can be made.
Feryal Clark
Before the pandemic, many law firms were already struggling because of a decade of cuts to legal aid. What is the Solicitor General doing to ensure we have a functioning and fair criminal justice system when the crisis is over?
The Solicitor General
Prosecuting advocates play an essential role in our criminal justice system, and the Government support them, as can be seen with the recent influx of money from the Treasury to the Crown Prosecution Service. On 30 March, the CPS announced measures enabling interim invoices to be raised. That is just one mechanism by which we are supporting criminal practitioners working on Crown Court cases. They are now able to claim hardship payments, for example, which have been expedited. Millions of pounds in extra funding is being provided for not-for-profit providers. We are supporting the legal community across the board in what I accept are very difficult times.
Mr Speaker
In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.
Oral Answers to Questions
Michael Ellis Excerpts(4 years, 5 months ago)
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Dr Ben Spencer (Runnymede and Weybridge) (Con)
The Solicitor General (Michael Ellis)
Prior to the covid-19 outbreak, CPS lawyers had participated in only a handful of audio and video hearings. I am now pleased to say that since 2 April, CPS prosecutors have appeared in over 4,000 virtual hearings across magistrates and Crown courts.
Scott Benton
I am grateful for the response from my right hon. and learned Friend and I know that he will share my commitment to ensuring that all members of society can have equal access to justice and virtual hearings. In that regard, what steps is he taking to ensure that victims with hearing impairments are able to participate in remote hearings?
The Solicitor General
I thank my hon. Friend for that very important question. The CPS is working closely with the Courts and Tribunals Service and interpreters to ensure that victims, witnesses and defendants with hearing impairments of any sort can properly participate in virtual proceedings. It is important, and virtual hearings with hearing-impaired defendants have already taken place effectively. We will continue to monitor the situation.
Suzanne Webb
What learning can the justice system take from this period and will virtual hearings continue in future?
The Solicitor General
The CPS will and needs to engage in evaluation exercises on this subject with partners as part of its future working programme to assess the impact of video hearings. There is a lot to learn and we can identify benefits and learn lessons. Where there are advantages for all court users going forward, we would want to see those in place.
Tom Randall (Gedling) (Con)
Justice delayed is often justice denied. What discussions has my right hon. and learned Friend had with the Lord Chancellor in order to deal with the backlog of cases in the system?
The Solicitor General
My hon. Friend is right to ask about the backlog and I am concerned about it. It is inevitable that there will be a backlog. Almost everything has been disrupted by this awful pandemic and the courts are no exception, but work is ongoing with the CPS, cross-Government partners and stakeholders to contribute to planning on recovery and clearing the backlog. I am pleased to say that the CPS East Midlands—his region—has been working closely with the judiciary, the courts service and other key partners to get the Crown court in his area up and running as soon as possible. We need to focus on dealing with the backlog and I can assure the House and him that every effort will be made to do that.
Dr Spencer
One of the challenges of moving virtually is that it can act as a barrier to certain groups, and I am sure that my right hon. and learned Friend would agree that justice needs to be fair, open and available to all. What measures are in place to support people with vulnerabilities—such as people living with disabilities and people with health and mental health issues—in navigating the criminal justice system?
The Solicitor General
Vulnerable witnesses are entitled to a range of special measures already, which are being utilised and are still in operation during this outbreak, including screens to prevent the defendant from seeing a witness, live links, remote links, giving evidence in private, the prerecording of evidence and the removal of wigs and gowns. Measures are in place and are still in operation to make it easier for vulnerable witnesses and defendants, but I accept that there are challenges.
Joanna Cherry (Edinburgh South West) (SNP)
Whether proceedings are virtual or otherwise, the Crown Prosecution Service must discharge its functions without fear or favour, and so must the Law Officers, given their responsibility for oversight of the CPS. Does the Solicitor General agree therefore that the Law Officers should in future refrain from joining in the sort of orchestrated political tweeting we saw about Mr Cummings’s cross-country travels, given that such tweets may have the potential to prejudice any subsequent police investigation or prosecution?
The Solicitor General
I do not agree with the premise of the hon. and learned Lady’s question. The fact of the matter is that she is seeking herself to politicise the situation. This is not a partisan issue; we all recognise, respect and cherish the independence of the Crown Prosecution Service, and that is a long tradition in this country.
Alex Cunningham (Stockton North) (Lab)
May I congratulate my hon. Friend the Member for Lewisham West and Penge (Ellie Reeves) on her first physical appearance at the Dispatch Box as our shadow Attorney General?
There were 394 assaults on police officers in just the Thames Valley and Kent police force areas between March and April—more than the total number of prosecutions nationally. Given that assaults across the country must run into thousands, how is the CPS, bereft of resources, going to prosecute all those cases, virtual or otherwise?
The Solicitor General
I thank the hon. Gentleman for that question. I am pleased to say that the CPS is not bereft of resources. In fact, £85 million was sent to the CPS before this crisis broke out, which was 100% of its request for funds. Assaults against police officers and all emergency workers are taken extremely seriously by the courts. They are given priority by the Crown Prosecution Service, and we are dealing with those matters. The system is dealing with those matters robustly, and I think the evidence will show that.
Maria Eagle (Garston and Halewood) (Lab)
The Solicitor General has just said that he realises that there are concerns about virtual hearings. Can he be a bit clearer about what steps the Government are now taking to ensure that vulnerable witnesses and vulnerable defendants in particular are properly protected during this period? Beyond accepting that there is an issue, what is being done to ensure that justice is done and seen to be done in virtual proceedings?
The Solicitor General
The hon. Lady is absolutely right to raise that point, which applies, as she says, to vulnerable defendants as well as witnesses—to all participants in these proceedings. Each individual court—each tribunal—is responsible for ensuring the best possible course of action in each individual case. A virtual hearing will not be appropriate in every case. Where there are particularly vulnerable persons involved, perhaps a virtual hearing will not be appropriate, but we do not micromanage that. We ask each individual judge to have that in mind when making decisions about virtual hearings, but where they take place, we want and expect them to do so in the confines of a situation where everyone feels comfortable and able to perform the functions required of them.
Rob Butler (Aylesbury) (Con)
The CPS has done sterling work to ensure that offenders can still be brought to justice in the current crisis, but can my right hon. and learned Friend give me more details about how it has ensured that the best interests of victims, many of whom may never have experienced the courtroom system before, are being served?
The Solicitor General
Sometimes alternative mechanisms are in place. For example, remote hearings can take place using more than one courtroom, and it is sometimes possible for hearings to take place via technology from the home of various individuals. However, each individual circumstance will have to be looked at in assessing each individual, appropriate measure in each case. Caution is being exercised, but 4,000 virtual hearings have already taken place in the magistrates and Crown courts, and we expect to see more of them.
Catherine West (Hornsey and Wood Green) (Lab)
The Solicitor General (Michael Ellis)
The hon. Lady asks an important question about support for law firms during the outbreak, and the CPS has made changes to its systems for paying fees to advocates to help support them during this difficult time. I joined a virtual meeting of the Bar Council, and the Bar is conscious of and content with the work that the Government have done—of course, there is always more that can be done—to relieve financial pressure. I see, and we are grateful for the fact, that the Inns of Court have been supporting junior barristers financially with ongoing funds. The Ministry of Justice is working closely with legal practitioners to understand the impact of covid-19, and streamlining the process for financial payments.
Antony Higginbotham (Burnley) (Con)
One of the biggest problems we have in bringing prosecutions against those who assault our emergency services is a lack of evidence. Could the Solicitor General set out what steps are being taken to make sure that the CPS has access to such evidence, including making sure that our emergency services have better access to body cameras?
The Solicitor General
I am grateful for my hon. Friend’s question, and we will certainly take on board what he says. Body cameras are of course an increasingly used piece of evidence. This does, in effect, often add a workload burden on the court system because there is so much video evidence—so much more virtual evidence—now coming into play. However, the Crown Prosecution Service has seen a dramatic increase in its funding from Her Majesty’s Government, and we will be making sure that payment for members of the legal profession is expedited where we can do so.
Ellie Reeves (Lewisham West and Penge) (Lab)
The coronavirus pandemic has exposed inequalities facing the black, Asian and minority ethnic community, and the legal sector has proved no exception: 55% of BAME barristers earn more than half of their income from legal aid, and 84% cannot survive a year without support. What urgent action will the Solicitor General take to reverse the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and to restore funds to legal aid?
The Solicitor General
We are supporting the legal aid system, as we always have done. The reality is that we are expediting outstanding fee schemes where payments need to be made more quickly than normal; we have reduced the stage lengths before payments are made in the cases that are ongoing; and we have concluded main hearings and ongoing cases and made payment before hearings have been concluded. A multiple series of measures is being made to assist everyone at the Bar and, in fact, in all branches of the legal profession, including payments of up-front fixed fees of £500 for covid-19 matters. Every measure is being taken to support the legal profession, but I accept that there are challenges, as there are in many professions during this crisis.
Mr Speaker
Order. In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am now suspending the House for five minutes.
Oral Answers to Questions
Michael Ellis Excerpts(4 years, 10 months ago)
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Dame Diana Johnson (Kingston upon Hull North) (Lab)
The Solicitor General (Michael Ellis)
The Crown Prosecution Service takes domestic abuse cases extremely seriously and is determined to bring perpetrators to justice and to provide victims with the greatest possible protection from repeat offending. In 2019, the CPS led the implementation of a national domestic abuse best practice framework for magistrates court cases, which aims to ensure consistent good practice from investigation right through to court by criminal justice agencies involved in domestic abuse casework.
Dame Diana Johnson
I have previously mentioned the shocking statistic that Hull has enough domestic abuse perpetrators to fill our football stadium, which holds 25,000 people. Some 746,000 domestic abuse crimes have been recorded nationally, which is up 24% in a year. However, referrals from the police to the CPS have gone down by 11%. Will the Minister explain what he intends to do about that?
The Solicitor General
Before I answer, may I take this opportunity to congratulate the hon. Lady on her damehood? It is richly deserved. She asks an important question. National implementation in this area is overseen at a multi-agency level, and it is a priority for the Government and the CPS to work to improve the statistics. There has actually been a 21.6% rise in prosecutions for violence against women and girls, an increase in charging and prosecution of offences of stalking—80% of stalking cases happen in a domestic abuse context—and a rise in prosecutions for controlling and coercive behaviour. However, I accept that more needs to be done, and that is a priority for the Government and the CPS.
Alex Chalk (Cheltenham) (Con)
The CPS’s ability to successfully prosecute offences of domestic violence, or indeed any offence, is being undermined by prisoners not being produced at court—a trial at the Old Bailey has sat idle for two days this week for that reason. Does my right hon. and learned Friend agree that more needs to be done to hold those responsible for such an important job to account so that courts are not lying idle, affecting victims and witnesses? Frankly, it is a crazy situation that is not fair on the taxpayer.
The Solicitor General
That is a very good point, and my hon. Friend has considerable experience of prosecutions and the court system. The reality is that we expect those who are responsible for delivering defendants to court to do so efficiently, and of course, in the vast majority of cases, they do that. If there are cases that he wishes to bring to my attention so that I can make direct inquiries, he should please do so.
Afzal Khan (Manchester, Gorton) (Lab)
Sally-Ann Hart (Hastings and Rye) (Con)
The Solicitor General (Michael Ellis)
The CPS is committed to tackling hate crime, working closely with partners across government under the hate crime action plan. The CPS has trained its prosecutors, drawing on expertise and insight from key community groups, and has established national and local scrutiny panels to inform decision making. As a result, last year the number of convictions for hate crimes with a recorded sentence uplift increased to 73.6%, the highest rate yet.
Bob Blackman
I thank my right hon. and learned Friend for that answer. Antisemitism and hate crimes are on the rise right across this country. What further action can he take to make sure that the perpetrators are brought to justice and we eliminate hate crime forever?
The Solicitor General
I thank my hon. Friend for that question. He is right to be concerned about this issue. The rise in antisemitism is significant. One thing that has been happening is that mandatory hate crime training for the CPS has been developed, with community involvement, including that of the Community Security Trust. That has been delivered, and the CPS has refreshed a guide for lawyers on antisemitism, with the assistance of that trust. The guide includes key aspects of the law and victim support. We must do everything we can to stamp out this scourge of antisemitism.
Sally-Ann Hart
I thank my right hon. and learned Friend for his response. The internet has hugely positive values, but it can allow the spread of hate crime behind a veil of anonymity. What steps is his Department taking to ensure that crime online attracts and is subject to the same penalties in law as offline crime?
The Solicitor General
The proportion of hate crime convictions with an announced and recorded sentence uplift has increased from just 12.1% in 2014 to 73.6% now. My hon. Friend is right about online instances of hate crime, and the hate crime conviction rate has also increased in the past decade significantly. It now stands at 84%, but we are continuing to work on dealing with the issue of hate crime online.
Peter Kyle (Hove) (Lab)
Overall prosecutions have fallen from a quarter to only one in 10. Why is the CPS prosecuting so few people for hate crime? Why is the number of prosecutions falling, not rising? Is that not deterring people from reporting hate crime in the first place?
The Solicitor General
There is considerable evidence that people are particularly concerned about hate crime, and I do not think they are being put off making complaints to the police about that. We are constantly liaising at the Crown Prosecution Service with local police forces about their conduct, and we focus very much on getting results in instances of hate crime. As I have said, the number of convictions for hate crime has increased to its highest ever level.[Official Report, 20 January 2020, Vol. 670, c. 2MC.]
Jim McMahon (Oldham West and Royton) (Lab/Co-op)
There is no doubt that the rise of Islamophobia is causing real concern and fear in the community, and particularly in the community that I represent in Oldham. The online platforms have been allowed to self-regulate for far too long. It would be easy for them to have a simple “report it once” button that automatically feeds through to the police. Will the Government do far more to make sure that victims are protected and that we raise the tone of the debate in our politics?
The Solicitor General
The hon. Gentleman is right to focus on this issue. The issue of Islamophobia is of particular concern, as are all forms of hate crime. We see examples of cases in this area being robustly prosecuted throughout the country, and likewise we see examples of courts recognising the seriousness of these offences with exemplary sentences. The sentencing tribunal has noted that such sentences have been increased because of the Islamophobic or antisemitic element, or because of elements relating to other areas of hate crime. That is right and should be a warning to all.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
The Solicitor General (Michael Ellis)
The ULS scheme is an important avenue for victims, family members and the public to ensure that justice is delivered in the most serious cases, which is why the Government have extended the scheme to cover further child sexual abuse offences, as well as some domestic abuse offences, including controlling and coercive behaviour. The remit of the scheme remains under constant review.
Michael Tomlinson
I am grateful to the Solicitor General for his answer. It is absolutely right that the most serious sentences are reviewable, but will he also ensure that there is always a path towards rehabilitation, and even redemption?
The Solicitor General
My hon. Friend is quite right. It has always been recognised in our criminal justice system that punishment includes not only deterrence but rehabilitation. That is something we seek to do in our sentencing regime and in our criminal justice system generally. My hon. Friend is right to highlight that feature.
Eddie Hughes
I am glad to hear what the Solicitor General has to say, because the people of Willenhall and Bloxwich certainly do not want to see unduly lenient sentences for those convicted of rape, murder or terrorism. When there is a referral under the scheme, how often is the sentence increased?
The Solicitor General
The number of sentences considered by the Law Officers—the Attorney General and me—has trebled since 2010. There were approximately 1,000 referrals last year, of which 86 cases were referred to the Court of Appeal and 50 offenders had their sentences increased.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
I often ask this question because it is a little campaign of mine. When people get unduly severe sentences, I write to the Solicitor General. It is usually women sentenced for a non-violent crime who get a long, disproportionate sentence. Does he welcome that kind of communication from Members? What does he do about that communication when he gets it?
The Solicitor General
I always welcome communication from the hon. Gentleman and, in fact, from any Member. The issue of manifestly excessive sentences is one for the defence in each case, and there are mechanisms by which, within a time limit, defence lawyers can appeal to the Court of Appeal against a sentence that they consider to be manifestly excessive. It is not a matter for the Law Officers; we deal with unduly lenient sentences.
Chris Bryant (Rhondda) (Lab)
Assaults on emergency workers continue to increase, particularly against ambulance workers and people working in the NHS and in the police. Surely that is a disgrace. I have yet to see a single sentence handed down in such cases that is not unduly lenient. One reason for that is that the Sentencing Council has still not introduced any guidelines in relation to assaults on emergency workers since the Assaults on Emergency Workers (Offences) Bill became an Act more than a year ago. Will the Solicitor General ring up the chaps or the women who run the Sentencing Council and ensure that we get proper sentences for people who attack our emergency workers?
The Solicitor General
I think I can provide some reassurance because I have seen some cases where sentences have clearly been imposed for the offence mentioned by the hon. Gentleman, who played a large part in bringing about the legislation. Assaults on emergency service personnel are serious aggravating features in many cases and I know that they are already being prosecuted. The Sentencing Council is clearly looking at a number of offences, and I am sure that they will look at that one in due course.