Oral Answers to Questions
Robert Buckland Excerpts(5 years, 7 months ago)
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Alex Chalk (Cheltenham) (Con)
The Solicitor General (Robert Buckland)
The Crown Prosecution Service has a duty of fairness to all defendants, including people with mental health issues. In March it launched a public consultation on revised guidance for prosecutors dealing with defendants with mental health issues. It welcomes responses to the consultation to ensure that its published legal guidance gives the best possible help to prosecutors dealing with such cases.
Alex Chalk
A fair trial is one in which the defendant can follow the proceedings and advance his defence, and the CPS, as an administerer of justice, will want to ensure that that remains the case. What steps is it taking to engage with experts to ensure that defendants are best placed to have a fair trial?
The Solicitor General
My hon. Friend, who has a considerable and distinguished history with regard to the prosecution of serious offences at the Bar, will know that it is vital for experts in the field to be consulted. As part of the consultation, different criminal justice diversions are being considered for some defendants with a range of mental illnesses. I should point out that although autism and other disabilities are included in that consideration, they are not mental illnesses but lifelong conditions. I think that that distinction needs to be drawn very carefully indeed.
Mary Creagh (Wakefield) (Lab)
I had to intervene with the CPS in the case of a young man in Wakefield who suffered from attention deficit hyperactivity disorder. I am happy to say that he has now received the treatment that he needed, and that the CPS was very compassionate. However, research shows that people with ADHD are disproportionately present in the criminal justice system. Will the Solicitor General work with the CPS and experts on the public health White Paper to ensure that young offenders who are disproportionately represented, and who are also likely to have higher reoffending rates, are systematically screened?
The Solicitor General
I welcome the hon. Lady’s reference to ADHD. In my professional experience, that condition, connected with communication disorder, is often very prevalent among young offenders in the criminal justice system. As part of the consultation, work will be ongoing to ensure that prosecutors have a greater awareness of the condition when they consider the merits of prosecution.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
Thangam Debbonaire (Bristol West) (Lab)
The Solicitor General (Robert Buckland)
The CPS has undertaken extensive work to ensure that specialist prosecutors are fully equipped to deal with the particular complexities of such cases, and I engage with it regularly about this topic. In March the Government announced a review of how the criminal justice system responds to rape and serious sexual offences. The CPS supports the review, and is committed to working closely with the police and others to address any issues highlighted by it.
Luke Pollard
Is there any guidance for the police or the CPS on access to victims’ data? It concerns me that victims of sexual abuse and rape are being subjected to trawls of their personal data—counselling, school and work data—before the CPS considers taking up their cases.
The Solicitor General
The hon. Gentleman has raised an important point. A natural and anxious debate is taking place about disclosure, but I can reassure the hon. Gentleman—and, indeed, all complainants and victims of crime—that “reasonable lines of inquiry” does not mean a reckless trawl through the private lives of entirely innocent individuals. That is not a good use of resources, and it is not what we are encouraging. We need a far more targeted line of inquiry, in accordance with both the law and the code of practice.
Thangam Debbonaire
Intimate partners and ex-partners are the largest single category of perpetrators of rape and sexual assault, which, in my experience of working with abusive men, are linked to outdated and, frankly, illegal attitudes to sex in relationships. What discussions is the Solicitor General having with his colleagues in the Department for Education about the content of the curriculum for relationships and sex education in schools?
The Solicitor General
I pay tribute to the hon. Lady for the work that she has done on this issue in the past. She is absolutely right to talk about the input of the Department for Education. I was delighted that the House overwhelmingly passed the new regulations on personal, social, health and economic education, because they deal with relationships properly, and will help young people to understand at an early age what that means and what their responsibilities are. I will continue to have conversations with colleagues in the DFE, and also, importantly, to ensure that the myth-busting that is already being delivered by judges and prosecutors in Crown court trials continues, so that jurors—along with everyone else who is involved in the system—do not have outdated misconceptions about these appalling crimes.
Theresa Villiers (Chipping Barnet) (Con)
The Solicitor General
My right hon. Friend is right to raise this issue. She will be glad to know that, as part of the work that my right hon. and learned Friend the Attorney General and I have done to publish a new report on disclosure, I will be chairing a tech summit in June to deal precisely with how we can make artificial intelligence work to help with the huge challenge of trawling through that sort of data.
Eddie Hughes (Walsall North) (Con)
In cases where rape leads to pregnancy, does my hon. and learned Friend agree with the intention behind the 10-minute rule Bill introduced by the hon. Member for Sheffield, Heeley (Louise Haigh) to remove parental rights from fathers of children conceived through rape?
The Solicitor General
I am grateful to my hon. Friend for raising that issue with me. I regrettably have not had time to consider that Bill, but everyone in the House can agree that those who act criminally and break the law in a serious way should not expect to enjoy the same rights and privileges that the rest of us enjoy.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
I am one of those who represents a constituency that has had this curse of the wicked grooming, mainly of young girls, by gangs—it has happened in more than a dozen cities and towns in this country. We still have not had an inquiry into the underlying causes and why this happened. The Crown Prosecution Service is under pressure to meet its responsibilities due to the lack of resources.
The Solicitor General
The hon. Gentleman is right to raise this deeply concerning issue. I am happy to report that there have been a number of successful prosecutions of gangs who engage in this despicable and criminal behaviour. That is as a result of a change of culture that means the victims of these crimes are taken far more seriously than they were even a few years ago. So there is progress.
Sir Desmond Swayne (New Forest West) (Con)
The Solicitor General (Robert Buckland)
The response to the call for evidence on the impact of social media on the administration of justice was published on 5 March this year. We concluded that, whereas at present social media are not having a widespread impact on the trial process, this may not remain the case if the issues identified are not addressed. The Government are responding in a number of ways, including a new gov.uk webpage to support the public in understanding how they can responsibly comment on criminal trials in social media.
Sir Desmond Swayne
Do users, who appear to have an opinion on everything, have any idea what the law actually is?
The Solicitor General
I do sometimes wonder. It should be as plain as a pikestaff to anyone that the criminal trial process has to have integrity and be based on the evidence heard in court. That is why the new contempt online webpage sets out clear and accessible information for the public on what might be considered contempt. I reassure my right hon. Friend that the law officers take robust action where there is evidence of contempt.
Chris Elmore (Ogmore) (Lab)
Will the Solicitor General set out what work he is doing with Twitter, Facebook, Google and other online platforms, which is mainly where people take the law into their own hands and assume that they know what they are talking about when they refer to cases and other issues?
The Solicitor General
The hon. Gentleman raises an important point. He will be happy to know that I have set up a special point of contact with each of those social media companies so that if an issue is raised with my office an official can immediately contact a named person to ensure as rapid as possible a takedown of the offending material.
Alison Thewliss (Glasgow Central) (SNP)
Oral Answers to Questions
Robert Buckland Excerpts(5 years, 8 months ago)
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Neil O’Brien (Harborough) (Con)
The Solicitor General (Robert Buckland)
The Crown Prosecution Service has a crucial role in tackling serious and organised crimes such as human trafficking, money laundering and child sexual exploitation. It works with other criminal justice agencies to support the Government’s serious and organised crime strategy.
Leo Docherty
How effectively does the CPS work with other law enforcement agencies to fight serious and organised crime?
The Solicitor General
My hon. Friend is right to talk about international co-operation. I am happy to remind him of the important network of up to 27 specialist prosecutors who are based abroad and who work closely with other jurisdictions across international boundaries. Recent examples are the successful conviction of Matthew Falder for child sexual exploitation offences and the conviction of Keith Morris for multiple counts of rape and sexual assault against victims in Kenya. I am happy to say that the Crown Prosecution Service Inspectorate has reported that the international justice and organised crime division has a conviction rate of over 90% and undertakes high-quality work.
Bob Blackman
I thank my hon. and learned Friend for his answers thus far. One of the most insidious aspects of serious and organised crime is the modern slave trade. What action is he taking to bring those criminals to justice, so that we can smash these rings once and for all?
The Solicitor General
My hon. Friend is right to draw the House’s attention once again to the grim reality of modern-day slavery. The importance of the CPS in providing early investigative advice in all cases has been underlined, because solely relying on the testimony of victims, who are often vulnerable, can lead to challenges. I am happy to say that in the last year, there was a 119% increase in cases where that vital early advice was provided to the police.
Neil O'Brien
What steps is the CPS taking to better prosecute county lines offending?
The Solicitor General
Rightly, we are hearing a lot of concern about the existence of organised county lines, which are affecting our towns and cities across the country. The CPS has developed a particular approach and typology to help the police and other agencies deal with county lines, concerning in particular the balance between the need to safeguard the vulnerable persons—often young—who are being used and the proper investigation and prosecution of criminal offences.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Does the Solicitor General remember replying to me when I said that it was a great concern for those of us who represent towns where there have been dreadful grooming gangs that a senior police officer—not in my patch, but another part of the country—said that the under-resourcing of the CPS meant that it was unable to proceed when it found new evidence about perpetrators?
The Solicitor General
I assure the hon. Gentleman, who has long been properly concerned about this serious offending, that resource will not be a barrier to the prosecution of offences. We have seen an important sea change in attitudes to the complainants and victims of child sexual exploitation. Gone, I hope, are the days when young victims are disregarded or ignored by the authorities. The message has to go out that we will listen and act to protect victims.
Louise Haigh (Sheffield, Heeley) (Lab)
Does the Solicitor General agree with the Chancellor that, rather than new money being spent, knife crime and serious and organised crime should simply be prioritised? If he does, which area does he think should be de-prioritised?
The Solicitor General
I assure the hon. Lady that it is not a question of choice when it comes to the prosecution of offences. I am happy to say that in the last year, more than 27,500 cases involving possession of a knife or bladed article were commenced in our courts. That is an important testimony to the seriousness with which the prosecuting authorities take the possession and use of knives and offensive weapons.
Jim Shannon (Strangford) (DUP)
Can the Solicitor General outline how long it takes for proceeds of serious crime to be administered to communities through the safer communities fund and other grants?
The Solicitor General
I am grateful to the hon. Gentleman for that question. I do not have the detail of that administration, but I know that in the last seven years, £1.5 billion has been collected in proceeds of crime. That is shared out between the police and other enforcement authorities, and I can write to him with more information about how it is then administered.
Bambos Charalambous (Enfield, Southgate) (Lab)
The Solicitor General (Robert Buckland)
I have frequent conversations with ministerial colleagues about this issue and all issues relating to the criminal justice system. In November last year, the Attorney General published his review of disclosure, which examined the efficiency and effectiveness of the current system.
Bambos Charalambous
The disclosure process is a fundamental cornerstone of the criminal justice system. Can the Solicitor General outline his priorities to combat its shortcomings?
The Solicitor General
The hon. Gentleman knows that the Attorney General and I, as criminal litigators, have a long and deep interest in this issue. One of the newer challenges has been the rise of technology and the proliferation of telephones and other instruments that have to be examined in many cases. I will chair a digital summit in the months ahead, to try to develop innovative new ways in which we can assist the process. The disclosure issue, I am afraid, is a cultural issue of long standing. Not only the CPS but the police and other agencies have to change their ways and improve the position.
Victoria Prentis (Banbury) (Con)
What steps is my hon. and learned Friend taking to ensure that victims do not feel afraid or concerned about reporting crimes?
The Solicitor General
I am grateful to my hon. Friend. She knows, in the context of disclosure, that we must be very careful to strike a balance so that it does not become a box-ticking exercise. In particular, in every case the necessity to seize telephones and other items from victims should be assessed very much on the evidence, rather than as a matter of course. I think we must do everything to make it clear to victims that they will get support and encouragement, rather than feel that the process is working against them in a way that can be just as traumatic as the crime itself.
Helen Goodman (Bishop Auckland) (Lab)
Eddie Hughes (Walsall North) (Con)
The Solicitor General (Robert Buckland)
The Attorney General and I are the pro bono champions of Government. As part of that, I work closely with those involved in public legal education, supporting initiatives to increase its profile and to reach more members of the public.
Eddie Hughes
It is important that all citizens have the opportunity to learn about the law and their basic criminal legal rights, so will the Solicitor General explain his vision for the public legal education committee?
The Solicitor General
My hon. Friend is right to highlight the work of my public legal education committee, which released its vision statement in October 2018. Among the goals that we have set, we are looking at scaling up the delivery of PLE via the legal profession, using on and offline methods, and we are looking to embed it in public services as an aspect of early intervention in health advice and community settings.
Mr Philip Hollobone (Kettering) (Con)
The Solicitor General (Robert Buckland)
The most recent prosecution for what is sometimes known as high treason was that of William Joyce, also known as Lord Haw-Haw, in 1946. Treason remains an offence that can be prosecuted. However, its provisions are somewhat archaic. Modern criminal and terrorism offences are more likely to be applicable and provide sufficient sentencing power, and usually offer a better chance of a successful conviction.
Mr Hollobone
Will the Solicitor General strongly encourage the Law Commission to revise its 2008 guidance that the Treason Act 1351 has ceased to be of contemporary relevance, so that the law may be applied to British nationals who betray our country by going abroad to join a jihad against Her Majesty’s armed forces?
The Solicitor General
My hon. Friend is right to remind us that the 1351 Act is very much on the statute book. The question of who the sovereign’s enemies are is perhaps easily answered when we have clearly defined state actors who are clearly acting against the interests of our country. It is somewhat more difficult when it comes to returning foreign fighters, but I assure him that when people come back to this country who have committed atrocities abroad and where there is evidence, we will prosecute them.
Oral Answers to Questions
Robert Buckland Excerpts(5 years, 9 months ago)
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Daniel Kawczynski (Shrewsbury and Atcham) (Con)
The Solicitor General (Robert Buckland)
Dealing with domestic abuse is a top priority for the Government, and I regularly engage with the CPS on this subject. The CPS wants to ensure that every victim of domestic abuse has full confidence in the justice system. Only last month it unveiled a best practice model developed in partnership with the police and the Courts Service to help victims through the criminal justice process.
Daniel Kawczynski
I thank the Minister for that answer. What success has the Crown Prosecution Service had in prosecuting controlling and coercive behaviour as a feature of domestic abuse?
The Solicitor General
My hon. Friend raises a very important point. Since we introduced the law on coercive control several years ago the number of charges continues to increase. In 2016-17, 309 charges were brought, but last year that trebled to 960.
Louise Haigh (Sheffield, Heeley) (Lab)
One of the main barriers to victims of domestic abuse and rape coming forward is the fear of having to hand their entire lives and personal information over to the defence. What steps is the CPS taking to ensure that victims are reassured that disclosure is appropriate and proportionate, and that victims are not asked to sign away their privacy?
The Solicitor General
The hon. Lady raises a very important point. Several months ago, the Attorney General and I issued a new paper on disclosure, and that will be followed by revised guidelines this year. We are acutely conscious of the need to balance the interests of justice not just in favour of defendants but in favour of victims. A blanket approach to disclosure is not something we encourage; it will depend on the facts of the case. I am glad that the number of cases that are being dropped because of issues with victims continues to fall, and I think that is a sign of progress.
Nick Thomas-Symonds (Torfaen) (Lab)
The latest figures published by the Home Office show that only 1.9% of recorded rapes are prosecuted. Baroness Newlove, the Victims’ Commissioner, said:
“I am often hearing from victims of sexual crime that their criminal justice journey is as harrowing as the crime itself. This is just not acceptable. I fear we are letting these victims down badly.”
She is right, isn’t she?
The Solicitor General
The hon. Gentleman will be interested to know that only last week I met Baroness Newlove and discussed these very issues. It is vitally important that colleagues in the Ministry of Justice and across Government understand that the journey for victims in cases like this can be an extremely tough one. That is well understood. That is why the agencies are now working together to ease that journey. I do not pretend that the task is easy or that the job is anywhere near finished, but the commitment is there, and we will continue to work to support victims of rape.
Nick Thomas-Symonds
I do not dispute the Solicitor General’s worthy intentions in this, but we have a situation where two in 100 reported rapes are reaching prosecution. It is a quite appalling statistic. First, he must acknowledge the impact that spending cuts have had on the ability to investigate these offences. Secondly, he should acknowledge that piecemeal change is no longer enough—the time has come for drastic action.
The Solicitor General
With respect to the hon. Gentleman, he must not forget that independent prosecutors have to apply evidential tests and it will not always be the case that complaints will merit a prosecution. I wholly reject his suggestion that expenditure cuts have resulted in a decrease in prosecutions. Expenditure is not an issue when it comes to the prosecution of offences, and never will be.
Bob Blackman (Harrow East) (Con)
The Solicitor General (Robert Buckland)
I engage regularly with the CPS, and we recognise that this issue is a growing national priority. Prosecution rates have been rising year on year for knife crime. Between 2013-14 and 2017-18, there has been a 33% increase. The Offensive Weapons Bill now making its way through this House will tighten the law around the sale, delivery and possession of knives.
Bob Blackman
I congratulate my hon. and learned Friend on not only talking to the CPS about changing the sentences on knife crime but actually taking action and going to the Court of Appeal to make sure that an unduly lenient sentence has been lengthened to three and a half years’ imprisonment, quite rightly. What action can he take to make sure that the courts understand their duty to imprison people who are guilty of knife crime?
The Solicitor General
My hon. Friend raises a serious London case, and as a London MP, he is a passionate campaigner against knife crime. I warmly welcome the decision of the Court of Appeal yesterday to increase the sentence in that case. Lord Justice Leveson, the president of the Queen’s bench division, was clear in his approach, stating:
“There can never be any excuse for carrying a weapon of the type this offender carried”
and that the courts must impose “substantial and effective” sentences on those convicted.
Danielle Rowley (Midlothian) (Lab)
Liz Twist (Blaydon) (Lab)
The Solicitor General (Robert Buckland)
I recognise that internet trolling can have devastating effects on victims, and where an offence has been committed, the CPS response will be robust. The number of prosecutions commenced for offences under the Communications Act 2003 and the Malicious Communications Act 1988 has increased by over 20% in the last three years, and last year the CPS published revised guidelines on prosecuting cases involving communications sent via social media.
Danielle Rowley
We all know in this job how harrowing and tough trolling and online abuse can be. When I visit schools in my constituency, young people tell me that they not only experience a lot of online abuse but see it happening to people in jobs that they might aspire to and worry about the level of abuse they might face if they went into such jobs. What is being done to ensure that online abuse is given the serious treatment that other types of abuse is given, so that people can see that it will not be taken lightly?
The Solicitor General
The hon. Lady is right to point to the concern about the younger generation being disincentivised from coming forward, particularly into public service. That should worry us all as parliamentarians and legislators. I can reassure her that the CPS has worked hard to develop new guidance for prosecutors, which makes it clear that online abuse is just as bad as offline abuse; there is no distinction in law. Where communications amount to credible threats of violence, prosecutions will commence. I know that Members are concerned about the balance between freedom of expression and prosecutions, and I assure the hon. Lady that that matter is very much in my mind as we develop further guidelines to assist not only parliamentarians but everybody in public life.
The Solicitor General
The hon. Lady may know that I have a particular passion about combating disability hate crime. I have met disability organisations in her region—the wonderful north-east—and learned a lot from them about the importance of ensuring that they have the confidence to report crime. I have read the Petitions Committee report. It is excellent, and I am noting in particular the actions that the CPS needs to take.
Tom Pursglove (Corby) (Con)
Does the Solicitor General agree that, while robust action is needed through the courts and the CPS, there is also an enormous responsibility for those who hold public office and offices that command responsibility to call this sort of behaviour out?
The Solicitor General
My hon. Friend is right. There can be no moral relativism when it comes to abuse, whatever type it may be and from whatever quarter it comes.
Justin Madders (Ellesmere Port and Neston) (Lab)
The Solicitor General (Robert Buckland)
Each CPS area has a Crown prosecutor dedicated to act as a wildlife, rural and heritage crime co-ordinator, to ensure that the specialist knowledge needed to prosecute such offending is readily available. Co-ordinators work closely with specialist officers from local police forces and from the National Wildlife Crime Unit, to ensure a robust CPS response.
Justin Madders
I am disappointed that I did not hear from the Attorney General, because I wanted to hear about his recent field visit to a hunt, where I am sure the law was perfectly observed. The Solicitor General will be aware that there have been many reports up and down the country over the Christmas period of transgressions of the law. The public expect the law to be enforced in full. Is it not time we strengthened the Hunting Act?
The Solicitor General
I assure the hon. Gentleman that the Law Officers do not condone or in any way consent to lawbreaking—that is clear. Where there is evidence of a breach of the Hunting Act and unlawfulness, that evidence will be used to prosecute.
Patrick Grady (Glasgow North) (SNP)
Sir Desmond Swayne (New Forest West) (Con)
The Solicitor General (Robert Buckland)
I have had regular meetings with the Secretary of State for Justice, in which we have discussed a range of policy matters including regulation of the legal professions. Legal services in England and Wales are independently regulated in accordance with the framework set out in the Legal Services Act 2007. Solicitors are regulated by the Solicitors Regulation Authority, which prosecutes solicitors and firms where necessary.
Sir Desmond Swayne
If the SRA cannot and will not compensate the EcoHouse investors, it is ripe for reform, is it not?
The Solicitor General
My right hon. Friend tempts me down a path leading to the SRA’s discretion with regard to compensation. I am grateful to him for raising an important issue that concerns many colleagues in the House. I think it best that we take these matters up not just with the Ministry of Justice, but with the SRA itself.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
May I urge the Solicitor General to do more about solicitors up and down the country who are carrying on their business in a very strange and devious way? I have been talking to representatives of the insurance industry, and I understand that clusters of solicitors are making false claims relating to holiday insurance and whiplash. We know where those dodgy solicitors are, but the current regulation does not seem to be working. What is the Solicitor General going to do about it?
The Solicitor General
I am grateful to the hon. Gentleman for raising that issue. The Legal Services Board has currently drafted proposed new rules relating to the governance for regulators; the consultation closed last week, and new statutory guidance will be issued. However, I take the hon. Gentleman’s point. Corrupt solicitors not only damage the reputation of the profession but raise insurance premiums, driving smaller firms out of business. The hon. Gentleman is absolutely right, and his point is fully understood here.
Oral Answers to Questions
Robert Buckland Excerpts(5 years, 11 months ago)
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Rebecca Pow (Taunton Deane) (Con)
The Solicitor General (Robert Buckland)
The Government are committed to tackling economic crime, and we know that that requires a multi-agency response. That is why both the SFO and the CPS play their parts alongside others, including through their support for the new multi-agency National Economic Crime Centre.
Jack Brereton
What assessment has been made of the UK’s ability to tackle money laundering?
The Solicitor General
My hon. Friend is right to raise that issue, and I was glad to see the recent financial action taskforce report, which reflected substantial progress and referred to the world-leading role that the UK plays in the fight against illicit finance, particularly the risk of money laundering.
Rebecca Pow
Nothing annoys the constituents of Taunton Deane more than people getting away with things they should not, so will my hon. and learned Friend outline some further detail on how we are cracking down on money laundering? It is a priority, and the Government have promised to tackle it.
The Solicitor General
My hon. Friend will be glad to note the introduction of unexplained wealth orders following the Criminal Finances Act 2017. That is already sending a clear message to those who seek to use the UK to wash their illegal proceeds that we will track them down, ask the right questions and conduct confiscations. Using Proceeds of Crime Act 2002 powers, the Government have recovered more criminal assets than ever before, with £1.6 billion taken from wrongdoers between April 2010 and March 2018.
Mr Philip Hollobone (Kettering) (Con)
The Solicitor General (Robert Buckland)
CPS performance in Northamptonshire is above the national rate in several areas. The latest figures for the first quarter of 2018-19 show that the conviction rate for Northamptonshire magistrates courts was 85.7%, which is above the national rate of 84.8%. Figures also show lower hearing numbers per guilty plea case than the national rate, which reflects the fact that the CPS is putting cases together efficiently.
Mr Hollobone
I thank the Crown Prosecution Service for its work in Northamptonshire. Which aspects of its work does the Solicitor General think are in most need of improvement?
The Solicitor General
The CPS in Northamptonshire and the east midlands, like in all other regions, acknowledges that it should never rest on any laurels it might gather. I urge my hon. Friend to meet the chief Crown prosecutors and staff to focus on particular areas where he thinks the CPS in Northamptonshire and the east midlands needs to make progress. Recent quarterly and monthly figures show that in many areas, such as burglary, it has been above average, but I am sure it would welcome his constructive input.
Sir Desmond Swayne (New Forest West) (Con)
The Solicitor General (Robert Buckland)
Corrosive substance attacks are unacceptable. There is no place in society for these horrendous crimes. Last month, the CPS successfully secured the conviction of nine men for carrying out a violent attack in which a corrosive substance was squirted at bystanders who tried to stop an assault in the street.
The Solicitor General
My right hon. Friend is right to raise the sad connection with gang offending. Sadly, corrosive substances are sometimes used as weapons by gangs in retribution and as a means of enforcement. The CPS guidance identifies that phenomenon and encourages prosecutors to apply for criminal behaviour orders to prevent such gang-related offending.
Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)
The Solicitor General (Robert Buckland)
Earlier this year, the Charity Commission wrote to the former Attorney General requesting consent to refer five questions to the first-tier tribunal concerning the registered charity that runs the Royal Albert Hall. Although the Charity Commission has the power to refer questions to the tribunal, it may only do so with the consent of the Attorney General, as set out in section 325 of the Charities Act 2011.
Mrs Hodgson
The Attorney General promised that he would make a decision on this matter by the end of the autumn. I am sure we are now in winter, so that decision is overdue. The majority of the Royal Albert Hall’s ruling body own a quarter of all the seats. Those seats are valued at up to £25 million, and they are allowed to sell tickets for the seats on the secondary market, making huge profits. Does the Attorney General not consider that a conflict of interest, and will he allow the Charity Commission to refer it to the tribunal?
The Solicitor General
The hon. Lady has identified the core of the concern in this case. Before assessing whether I or the Attorney General should consent to the Charity Commission’s request, we invited both the corporation of the Royal Albert Hall and the Charity Commission to make further representations. We have received those representations, and we are in the process of considering them with a view to issuing a decision in due course.
Oral Answers to Questions
Robert Buckland Excerpts(6 years ago)
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James Cleverly (Braintree) (Con)
The Solicitor General (Robert Buckland)
The Crown Prosecution Service has had considerable success in prosecuting cases involving the exploitation of vulnerable people by gangs. The number of offences charged and prosecuted under trafficking and slavery legislation has risen year on year to 340 last year, and last month we saw the successful prosecution of Zakaria Mohammed, who is believed to be the first person to be jailed under modern slavery laws in respect of the exploitation of children.
James Cleverly
I thank my hon. and learned Friend for that answer. Does he agree that the use of some of the youngest and most vulnerable people in our society for county lines drugs trafficking is a particularly pernicious offence? What is the CPS doing to crack down on that activity?
The Solicitor General
My hon. Friend is right to focus on the menace of organised crime and county lines. The CPS has developed an approach to county lines, particularly when it comes to the investigation and prosecution of offences involving vulnerable people—in other words, how to treat them and whether they should be treated as victims or defendants.
Kerry McCarthy (Bristol East) (Lab)
The anti-slavery charity Hope for Justice has said that two thirds of UK modern slavery victims are in the waste industry. The Environment Agency is training its staff to spot this exploitation. What liaison is the CPS having with the Environment Agency on this matter?
The Solicitor General
The hon. Lady makes a very good point. The waste industry, car cleaning and such activities are clearly a focus for this type of unlawful behaviour. The police and the Crown Prosecution Service are indeed working with other agencies, but I take the particular point she makes and I will re-emphasise it to the CPS.
Eddie Hughes (Walsall North) (Con)
Will my hon. and learned Friend tell the House what the CPS is doing to support and protect vulnerable people who have been the victims of crime in order to secure their valuable evidence?
The Solicitor General
My hon. Friend is absolutely right to talk about the victims. I have mentioned the decision to be made about the vulnerable victims of human trafficking. We have a particular mechanism that we use to protect the position of people who might otherwise be in the country unlawfully and to give them support so an informed decision can be made about their involvement in the process. I am confident that the CPS is working very hard always to improve its approach to victims.
Nick Thomas-Symonds (Torfaen) (Lab)
The number of rapes reported has more than doubled since 2013-14, yet the Crown Prosecution Service’s “Violence against Women and Girls Report 2017-18” highlights a 23.1% fall in the number of defendants charged with rape compared with the previous year. Why does the Solicitor General think this has happened?
The Solicitor General
The hon. Gentleman is right to raise this issue. Since those figures have been obtained, I and others have been working very hard to establish what the often complex reasons for them are. Sadly, I think that a lot of them are long-standing ones. What is sometimes unattractively described as the rate of attrition, as well as the experience of victims in this service, is still something that needs to be dealt with fully. That involves not just the CPS end of it, but the very early stages of the investigation. I assure him that every effort is being made to try to close that gap in a meaningful sense.
Nick Thomas-Symonds
I hear the Solicitor General’s words, but clearly actions are necessary, too. This is a deep concern. I am sure that he will have seen the recent story in The Guardian newspaper that staff at the Crown Prosecution Service have been told:
“If we took…weak cases out of the system, our conviction rate goes up to 61%.”
Clearly, decisions to prosecute are subject, under the code for Crown prosecutors, as the Solicitor General knows, to the evidential test and the public interest test, not to some kind of arbitrary decision to get the figures up. Has that been said, and if it has been said, what action is he going take?
The Solicitor General
I assure the hon. Gentleman and the House that any suggestion that there should be an artificial target that trumps the tried and tested code for prosecutors would be wholly wrong. I will absolutely make sure myself, as will others within the CPS, that such observations—if, indeed, they have been made—are ones that carry no weight whatsoever.
Robert Halfon (Harlow) (Con)
The Solicitor General (Robert Buckland)
Tackling domestic abuse is a top priority for this Government, and we are committed to securing justice for all victims. We have seen improved conviction rates—in 2017-18, the conviction rate for domestic abuse cases increased to 76.4%, which is the highest rate ever recorded.
Robert Halfon
In June 2012, Eystna Blunnie, a 20-year-old pregnant young lady was brutally kicked to death by her ex-fiancé, Tony McLernon, two days before her due date in Harlow. She sadly died in hospital and doctors were unable to save the baby. Despite McLernon’s death threats prior to the attack, he was not charged, and police assessed Eystna as being at “medium-risk” of domestic abuse. What changes has the Crown Prosecution Service made in how it decides to bring charges in cases of domestic violence, and what specialist training is given to CPS solicitors to deal with cases of domestic abuse and violence against women?
The Solicitor General
I pay tribute to my right hon. Friend and to the family of the victim for their dignity in the face of such tragedy. Steps have indeed been taken as the result of that case and others, for example: the existence of a victims’ right to review policy on prosecution decisions; the use of local scrutiny and inclusions panels to consider violence against women and girls cases; and the new offence of coercive control, which can capture cumulative abusive behaviour by one partner against another.
Thangam Debbonaire (Bristol West) (Lab)
Prosecuting cases of domestic violence is only possible if the police have sufficient officers and resources, so what conversations did the Solicitor General or Attorney General have with the Chancellor about police funding and were they satisfied with the result?
The Solicitor General
The hon. Lady knows police funding is a question for an announcement in December and the forthcoming spending review next year. I reassure her that the number of flagged referrals on domestic abuse from the police is remaining steady at about 110,000 in the past two years. As I have said, the number and rate of prosecutions continues to rise. We have seen a rise of over 50% in domestic abuse prosecutions in the past 10 years.
Rehman Chishti (Gillingham and Rainham) (Con)
Christian Matheson (City of Chester) (Lab)
The Solicitor General (Robert Buckland)
Dealing with illicit finance through the prosecution of money laundering offences is a priority for the Crown Prosecution Service and the Serious Fraud Office. Prosecutors have not identified any specific concerns regarding the effectiveness of prosecutions under the Proceeds of Crime Act 2002. We continue to use the Act, as it has evolved, to good effect.
Christian Matheson
I have a constituent who has been convicted, I believe wrongly, for fraud. Despite the prosecution accepting that he made no financial gain whatever from the allegations, the SFO went after him and his wife, who is entirely unconnected. Does the Solicitor General think that is fair and what possible avenues for redress do I have for my constituents?
The Solicitor General
I am grateful to the hon. Gentleman for raising the case. It would be invidious of me to comment on a particular case. I will simply say that there are different mechanisms within the Act that allow the pursuance of criminal proceeds. It might well be that in that case another mechanism is being used, but I will be happy to look at it further and write to him.
Royal Assent
Mr Speaker
I have to notify the House, in accordance with the Royal Assent Act 1967, that Her Majesty has signified her Royal Assent to the following Acts:
Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018
Non-Domestic Rating (Nursery Grounds) Act 2018
Mental Health Units (Use of Force) Act 2018
Northern Ireland (Executive Formation and Exercise of Functions) Act 2018
Middle Level Act 2018.
Oral Answers to Questions
Robert Buckland Excerpts(6 years, 2 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Sarah Jones (Croydon Central) (Lab)
The Solicitor General (Robert Buckland)
We are working closely with other Departments to urgently tackle this issue, which we recognise as a national priority. As a member of the inter-ministerial group on serious violence, we are playing a central role in the delivery of the serious violence strategy, which looks to address violent offending to improve knife crime prosecution rates.
Sarah Jones
The proportion of people receiving a custodial sentence for knife possession has risen from 40% in 2010 to almost 70% today, yet in the past five years there has been a sustained and shocking increase in knife crime, suggesting that harsher sentences simply are not the answer. Will the Attorney General look at two things: first, some creative alternatives to prison, such as electronic tagging or banning young people from social media if they use it to incite violence; and, secondly, more ways to reduce reoffending through education and rehabilitation to keep young people out of the prison system?
The Solicitor General
I know that the hon. Lady has a keen local interest in the issue, which affects Croydon as much as other parts of our country. I do not think that there is a direct correlation. We have seen a rise in knife crime since early 2016, and it is right that we have approached the issue of possession in a more serious way. However, I take her points about causation on board. I recently visited the Ben Kinsella Trust in north London, with which I know she is familiar. I am deeply impressed by the trust’s work with young people, and it is that sort of interventionist approach at an early stage that can help to deal with this problem.
Bim Afolami (Hitchin and Harpenden) (Con)
What conversations have the Solicitor General or the Attorney General had across Government and with retailers about cutting down on the online sale of knives?
The Solicitor General
My hon. Friend may be aware that we are working on the new Offensive Weapons Bill, which is going through the House. That Bill includes a measure to make it an offence to deal with knives bought online being sent to residential addresses without appropriate safeguards.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
Thank you very much Mr Speaker; you are forgiven. I welcome the Attorney General to his post, and it is good to see the indefatigable Solicitor General still in his place.
Given the current knife crime epidemic in England and Wales, with rates up by 54% in three years, I know that the Government and the Met have been looking to Scotland, and particularly Glasgow, where hospital admissions for slashes and stab wounds have fallen by 65% in 12 years. Will the Solicitor General update the House regarding what policies and practices enacted in Glasgow will be replicated in London, or in England and Wales more widely, following a delegation visiting Glasgow?
The Solicitor General
Yes, the hon. Gentleman is absolutely right to raise the excellent Glasgow example. I am making plans to visit Glasgow as soon as possible. Only last month I spoke to the Scottish Law Officers about their experience. I am deeply interested and want to learn more as quickly as possible.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Jessica Morden (Newport East) (Lab)
The Solicitor General (Robert Buckland)
The CPS continues to work with criminal justice partners to ensure that the support offered to victims and witnesses is tailored to meet their needs. Prosecutors will meet victims and witnesses before they give evidence to explain what is likely to happen in court and consider whether special measures such as screens or TV links can be used to help them to give their evidence.
Jessica Morden
Registered intermediaries support children and vulnerable witnesses in court, but as BBC Wales reported last week, there is only one for the whole of Wales, including Gwent. In view of that, is the Solicitor General confident that equal access to justice is being delivered?
Mr Speaker
I am very glad that we have heard from the hon. Lady. It was worth waiting for.
The Solicitor General
I was concerned to hear that report, because I myself have used registered intermediaries as a prosecutor, and I know that they have been readily used in courts across the length and breadth of Gwent and south Wales. I note that there has been an increase in recruitment in the south-east of England. I will take on board the hon. Lady’s point and make further inquiries so that we can ensure that there is equal access to intermediaries throughout the length and breadth of the jurisdiction.
Rachel Maclean (Redditch) (Con)
Given the pressures of giving evidence in court, including for victims of rape, does my hon. and learned Friend agree that it is right that the Government have allocated £96 million of Government investment to support mental health services and vulnerable witnesses?
The Solicitor General
I am grateful to my hon. Friend for her question. She is absolutely right to identify the important funding that will support witnesses giving evidence. Without witnesses giving evidence, prosecutions will not succeed.
Nick Smith (Blaenau Gwent) (Lab)
By when will the Government introduce the measures necessary to prevent victims of domestic violence from being questioned by perpetrators in family courts?
The Solicitor General
The hon. Gentleman knows that that is and remains a key manifesto commitment for our Government. We want to introduce it via new domestic violence legislation. My colleagues in the Home Office are working on a draft Bill, and I very much hope that it will be introduced for parliamentary consideration as soon as possible this year.
Thangam Debbonaire (Bristol West) (Lab)
Will the Solicitor General provide further clarification about the additional protections needed in the prosecutions of victims of child sexual exploitation, particularly when there sometimes appears to be a blurring of the line between victim and perpetrator?
The Solicitor General
It is right to identify the sometimes difficult and delicate choices that have to be made by the police and prosecutors when it comes to dealing properly with the victims of this appalling crime, who have often had no voice at all. A range of available measures need to be used, and they are now becoming the norm in our courts. I think we can go even further, such as by looking at a presumption that special measures will apply in such cases without the need for an application. I am grateful to the hon. Lady for her question.
Will Quince (Colchester) (Con)
The Solicitor General (Robert Buckland)
Last year, the unduly lenient sentence scheme involved the referral by the Attorney General and me of 173 cases to the Court of Appeal. Of those 173 cases, the Court of Appeal agreed that 144 were unduly lenient. The scheme remains an important avenue for victims, family members and the public to ensure that justice is delivered.
Will Quince
I thank the Solicitor General for that response. Does he agree that urgent attention should be given to extending the unduly lenient sentence scheme to cover the production and/or distribution of indecent images of children?
The Solicitor General
We are giving urgent consideration to extending the scope of the scheme, and I have said on record that I strongly advocate the scheme’s extension to that type of offence. Online abuse of children is as insidious as abuse offline, and it can be achieved in a much quicker timeframe than has been the case. I want to make sure that the public have full confidence in the system, and that is why I strongly support the extension of the scheme in that respect.
Jim Shannon (Strangford) (DUP)
I thank the Solicitor General for his response. Will he carry out a review of sentencing on the basis of the successful applications to the unduly lenient sentence scheme? I think that it is important to have a review.
The Solicitor General
I reassure the hon. Gentleman that, happily, we are dealing with a small number of the about 80,000 cases prosecuted in the Crown court in England and Wales. Day in and day out, our judges are complying with the guidelines, where appropriate, and getting it right. This scheme is an important safety valve to ensure that we get maximum consistency and confidence, as well as guidance from the Court of Appeal on sentences for new offences.
Neil O’Brien (Harborough) (Con)
What action is my hon. and learned Friend taking to increase public awareness of this important scheme?
The Solicitor General
We can see an increase in public interest—we have reached a figure of nearly 1,000 inquiries from members of the public and agencies this year. We are using social media and the mainstream media to publicise the scheme, talking about individual cases of note and making sure that as many people as possible, including victims and their families, know about their rights.
Melanie Onn (Great Grimsby) (Lab)
In July, a 13-year-old took to the rooftops in Grimsby and caused over £2,000 of damage—tearing down tiles, throwing them at police cars and hitting a police officer. Frankly, he has been causing misery for his neighbours and the whole town for months. He has just been given a year’s supervision, a curfew and a fine of just £20. What confidence can the Solicitor General give to people in Grimsby that this sentence will be effective in deterring other young people from behaving in such a lawless fashion?
The Solicitor General
The hon. Lady rightly raises a case of great concern to her constituents, and we as constituency MPs will have similar experiences. I cannot comment on the individual case, but it sounds to me as though it probably would not be within the scheme.
The Solicitor General
Indeed, the question the hon. Lady asks is about confidence, and we are playing our part as Law Officers to ensure that it increases. The fact that she has raised the case today will again help those responsible to understand the need for consistency when it comes to dealing with serious offences.
Kerry McCarthy (Bristol East) (Lab)
John Lamont (Berwickshire, Roxburgh and Selkirk) (Con)
The Solicitor General (Robert Buckland)
The Director of Public Prosecutions and I are members of the Prime Minister’s taskforce on modern slavery, which aims to do more to bring perpetrators to justice and support victims both here and overseas. The Crown Prosecution Service has recently announced an increase in prosecutions for modern slavery, and I will meet the DPP further to discuss how that good work can continue.
Kerry McCarthy
I welcome the fact that the number of prosecutions has gone up, I think by 27%. Is the Solicitor General having discussions about how we treat young people who are involved in county lines? Will they be treated as criminals, or as the victims of, in many cases, modern slavery?
The Solicitor General
I know the hon. Lady takes a keen interest in this issue through her all-party group and in other work, and she hits the nail on the head when it comes to the difficult decisions that are sometimes made. I assure her that the typology on county lines that the CPS published only a few months ago has a particular focus on such issues. There will be times when a decision to prosecute must be made, but many of the people involved—particularly young people—are victims who need support.
John Lamont
In Scotland the police are alarmed by the rise in reports of potential human trafficking offences, and those individuals and gangs do not stop at the border. What discussions is the Solicitor General having with his counterparts north of the border to ensure that there is a UK-wide approach to this issue?
The Solicitor General
As a border MP, my hon. Friend knows the issue acutely. In February 2016 the Directors of Public Prosecutions for England and Wales and for Northern Ireland, and indeed the Lord Advocate for Scotland, met and pledged their commitment to providing a whole-of-UK approach to human trafficking and slavery. As a result, quarterly meetings are held at official level between the jurisdictions, and there is a regular exchange of information and best practice to make sure we get it right.
Paul Masterton (East Renfrewshire) (Con)
The chain of trafficking offences is often complex and runs across several jurisdictions. How are we working with other countries to increase the number of prosecutions?
The Solicitor General
We place a heavy emphasis on international work, and we are currently working with 25 Europe-based inquiries. We have 30 prosecutors in other countries who focus on this type of work, as well as on other types of crime. Our commitment is clear.
Mr Speaker
It has been pointed out to me that the Attorney General and the Solicitor General would make a very good singing duo, although any performance would have to take place outside the Chamber. I hope the Attorney General enjoyed his debut at the Dispatch Box as much as I did.
Oral Answers to Questions
Robert Buckland Excerpts(6 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Rebecca Pow (Taunton Deane) (Con)
The Solicitor General (Robert Buckland)
The Crown Prosecution Service takes forced marriage very seriously and the prosecution of these crimes remains a priority. In May of this year the CPS secured the first two convictions under the specific offence of forced marriage in England. These successful prosecutions send a clear message that forced marriage is unacceptable and that those responsible will be prosecuted.
Philip Davies
We all know that women are much more likely to be the victims of forced marriage than men, but the Daily Mail reported yesterday that police in south Yorkshire had made history by issuing the first ever order to protect a male victim of forced marriage. What is the Solicitor General doing to ensure that the CPS is also aware of male victims of forced marriage?
The Solicitor General
My hon. Friend is right to raise this issue, and I am happy to tell him that the legal guidance and protocol used by the CPS have been updated to include the experiences of male victims, to help challenge myths and stereotypes and provide details of any support services for them. Indeed, a section on male victims was included in the forced marriage training session held in December of last year, which is now being spread locally throughout CPS areas by forced marriage leads.
Rebecca Pow
Why is the CPS finding it so tough to secure female genital mutilation prosecutions?
The Solicitor General
My hon. Friend is right to acknowledge the challenge facing prosecutors because these prosecutions are among the most complex referred to the CPS. They involve victims being hurt and coerced by members of their own families and communities, and therefore victims coming forward is a confidence issue. But the joint CPS and police forced marriage focus group is working hard to address the challenges faced when prosecuting these crimes.
Kate Green (Stretford and Urmston) (Lab)
University of Nottingham research shows that victims of forced marriage quite often have learning difficulties. What special steps are the Government taking to support those very vulnerable victims?
The Solicitor General
The hon. Lady is right to acknowledge that among the complexities and the questions of confidence is the exploitation of a vulnerability or a particular disability, and that is very much part of the process that I outlined in my answer to my hon. Friend the Member for Taunton Deane (Rebecca Pow). However, the intervention of the hon. Member for Stretford and Urmston (Kate Green) is helpful, and I will ensure that that focus is re-emphasised by the CPS.
Jim Shannon (Strangford) (DUP)
Will the Attorney General outline what support is given to the victims of attempted forced marriage to provide them with a new life and a fresh start? Is the CPS equipped to signpost victims to such funding, rather than just moving on after the prosecution?
The Solicitor General
The hon. Gentleman is right to talk about the aftermath of a prosecution, and work is ongoing between the CPS and the police not just to signpost, but to provide active support for victims after their horrific experiences.
Mr Philip Hollobone (Kettering) (Con)
Two prosecutions does not sound like much. What is the Solicitor General’s estimate of the number of forced marriages in the UK each year?
The Solicitor General
With respect, it is difficult for me to estimate. Being realistic, prosecutions are not reflecting the number of forced marriages that exist, but we saw an increase in convictions between 2011-12 and last year from 23 to 32. We also now have over 1,500 forced marriage protection orders, which are designed to prevent the crime from taking place at all.
Eddie Hughes (Walsall North) (Con)
The Solicitor General (Robert Buckland)
I have launched a new public legal education panel formed of leading organisations that promote the importance of teaching people about the law and their basic civil and criminal rights. As part of that, I am able to work closely with those involved in PLE, supporting initiatives to increase its profile and to reach more members of the public.
Eddie Hughes
I thank the Solicitor General for that answer, but what more can be done to inspire young people in Willenhall, Bloxwich and Walsall North to pursue a career in the legal profession?
The Solicitor General
I commend my hon. Friend for his interest in this subject and his passion for spreading opportunity in his constituency. My advice to him and to legal practitioners in the Walsall and Bloxwich area is that they should get into and work with our schools and take part in “lawyers in schools” sessions, which not only help to deliver PLE, but inspire young people into a future legal career.
Jo Stevens (Cardiff Central) (Lab)
I agree with the Solicitor General that public legal education is important, so how would he explain to the public what has gone wrong with prosecution disclosure? Who is responsible?
The Solicitor General
The hon. Lady makes a pertinent point. She will know that the Attorney General and I launched a review late last year ahead of some of the latest stories that have hit the headlines about the importance of disclosure. It has been a long-term issue, involving both the CPS and, notably, the police, but we are working closely to update and revise the guidelines to tackle the issues with which she and I are very familiar.
Joanna Cherry (Edinburgh South West) (SNP)
In Scotland, public legal education begins at school, because human rights are part of the curriculum for excellence, and the Joint Committee on Human Rights recently heard evidence that that is part of the reason for Scotland’s more positive public discourse about human rights. Has the Solicitor General had any discussions with his counterparts in the Department for Education about emulating Scotland’s education example south of the border?
The Solicitor General
Once again, I am grateful to the hon. and learned Lady for raising an interesting dimension. I have not had those conversations, but I certainly want to. The curriculum in England and Wales—England in particular—already includes citizenship, of which PLE can be a part, but I will take on board her observations. I am grateful.
Nick Thomas-Symonds (Torfaen) (Lab)
Public legal education is important for confidence in our criminal justice system, but failures in disclosure clearly undermine that confidence. Of the 3,637 cases that have been reviewed, disclosure concerns have been found in 47. How confident is the Solicitor General that there are not disclosure concerns in tens of further cases?
The Solicitor General
With respect, work has already exposed several deficiencies, but it would be an idle claim for me to suggest that that would be the sum total of it, because we are looking at a particular type of offence. My Department and the Attorney General’s Office have been ahead of the curve on this, and it has been our priority for some time to tackle what I and the Attorney General understand from our days at the criminal Bar as a long-term issue.
Nick Thomas-Symonds
The Solicitor General talks about being ahead of the curve but, of course, there were warnings about disclosure two years ago. In July 2017, the “Making it Fair” report by the CPS inspectorate and Her Majesty’s inspectorate of constabulary found that police scheduling was “routinely poor” and that there were failures to manage ongoing disclosure. Although I appreciate that action is being taken, is it not time that action was absolutely urgent?
The Solicitor General
We do appreciate the urgency, and I am grateful to the hon. Gentleman for referring to that important inspectorate report. I remind him that the Attorney General and I asked the inspectorates to undertake that work, which has allowed a clear evidential basis for action to be taken now. It is urgent and we are getting on with it.
Lucy Allan (Telford) (Con)
The Solicitor General (Robert Buckland)
Tackling child sexual exploitation is a priority for the CPS. Specialist lawyers with bespoke training continue to work closely with the police in order to bring stronger cases, and we prosecute those responsible for the sexual exploitation of children where there is sufficient evidence and it is in the public interest to do so.
Lucy Allan
The Solicitor General will be aware of a horrific case I have been raising in this place of a 13-year-old victim of a grooming gang. Multiple perpetrators were arrested but were not charged. Will he confirm it is his Department that is reviewing the case? When does he expect to be able to comment on it?
The Solicitor General
I commend my hon. Friend for her commitment to this vital issue, not just for her constituents but for the country at large. As she knows, it is an extremely complex and sensitive case. The CPS is looking at the matter, and the Attorney General and I are the Ministers who answer for that independent organisation. The CPS is taking the time to investigate the case fully, and then the Home Office will respond.
I know my hon. Friend the Member for Telford (Lucy Allan) has been in touch with the Home Office and is due to meet my right hon. Friend, the Home Secretary, as soon as possible. I am sure that constructive engagement will continue.
Chi Onwurah (Newcastle upon Tyne Central) (Lab)
The Spicer report on the sexual exploitation of girls and young women in Newcastle made a number of recommendations for the Solicitor General’s Department. The report has yet to receive a response, particularly one that recognises the plight of young women. In my Adjournment debate last week, the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins) committed to a response. Will the Solicitor General do the same?
Alan Mak (Havant) (Con)
Oral Answers to Questions
Robert Buckland Excerpts(6 years, 6 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Solicitor General (Robert Buckland)
The serious violence strategy, published on 9 April, sets out our response to serious violence, which includes knife crime. We will legislate to tighten the law in this area, and the Crown Prosecution Service continues to work with law enforcement agencies to tackle knife crime and other forms of serious violence.
Damian Collins
Following Donald Trump’s speech to the National Rifle Association, does the Solicitor General agree that the streets of London would be far more dangerous for communities if criminals and gang members were armed with automatic weapons rather than knives? Does he agree that while longer sentences for knife offenders are important, we also need to do more to understand the underlying causes of knife crime and gang violence?
The Solicitor General
My hon. Friend is right about the need to tackle the underlying reasons for knife crime, whether that is carried out by gangs or young people in isolation. That sort of work is far more valuable than attempts by the President of the United States to channel Sean Connery in “The Untouchables”.
Damien Moore
How can the Minister alleviate concerns over recent reports in the national press about the prevalence of knife crime in our towns and cities? What action are the Government taking to co-ordinate an approach to those offences?
The Solicitor General
My hon. Friend speaks with bitter and sad experience, given the appalling case in his constituency, and I send my condolences to everybody concerned. It is clear that we are seeing a rise in the use of knives in some of our towns and cities. Some of that information is a result of better police work and increased reporting, but there is no doubt that we have a challenge to face, particularly with our young people. I am glad that the strategy we have set out deals not only with prosecution, but with the root causes of knife crime. We must teach young people about the dangers of knife crime at appropriate times, including both after and before such offences are committed.
Jim Shannon (Strangford) (DUP)
The 42.2% rise in knife crime in schools on the mainland is in stark contrast to the one conviction per year in Northern Ireland’s schools. What discussions has the Solicitor General had with his devolved counterparts about the approach to juvenile convictions in Northern Ireland?
The Solicitor General
I am interested in the work being done not only in Northern Ireland, but in Scotland, and I am a member of the inter-ministerial group that deals with these issues. We are working with, and obtaining as much information and learning as possible from, the devolved parts of the United Kingdom so that we can improve our approach. This is not just a question of crime; it is a question of health education, and if we deal with it in that way, we might start to crack the problem.
Joanna Cherry (Edinburgh South West) (SNP)
In Scotland, crimes involving a weapon are down by two thirds since 2007, and the Scottish Government’s whole-system approach to youth crime incorporates innovative approaches from the prosecution service in Scotland, including diversion from prosecution where appropriate. Will the Solicitor General follow Met Commissioner Cressida Dick in coming to Scotland to view the excellent work being done on knife crime there?
The Solicitor General
The hon. and learned Lady develops the point made by the hon. Member for Strangford (Jim Shannon), and I would be keen to learn more. I have already started that process by delving into the Scottish experience, and I am glad that the learning and experience in Scotland is being absorbed into thinking and policy development south of the border. I would be happy to take up the hon. and learned Lady’s invitation.
Liz McInnes (Heywood and Middleton) (Lab)
Simon Hoare (North Dorset) (Con)
The Solicitor General (Robert Buckland)
The Crown Prosecution Service continues to play its part in delivering the cross-Government hate crime action plan. In the last year, 14,480 hate crime prosecutions were completed and the conviction rate was 83.4%.
Simon Hoare
In thanking my hon. and learned Friend for that answer, may I ask him what steps the CPS is taking to improve prosecution rates for disability hate crimes?
The Solicitor General
Disability hate crime has long been a concern of mine, and it is very much the poor relation when it comes to these offences. They are difficult to deal with, because very often victims feel that the incident is part of their normal life and that they should suffer in silence. The message must go out clearly that that should not be the case. I am glad that there has been an increase in prosecutions and an increase in the use of sentencing uplifts, through which judges can increase sentences to reflect aggravating factors such as disability hate.
Alex Norris (Nottingham North) (Lab/Co-op)
Tonight, Nottingham Citizens, of which I am a patron, will launch its “Still No Place For Hate” report. It will highlight the fact that almost a third of people surveyed had experienced hate crime related to protected characteristics and that much of that had gone unreported. What assurances can the Attorney General give people in Nottingham that if they do report such crime, it will be prosecuted properly?
The Solicitor General
I welcome the publication of the report to which the hon. Gentleman refers. I went to Nottingham only a few months ago to visit the east midlands Crown Prosecution Service, and I know that if he works with it—either through me or directly—he will find out more about the actions that it is taking. I assure him that it has a structured plan and takes all strands of hate crime extremely seriously.
Jo Stevens (Cardiff Central) (Lab)
James Cleverly (Braintree) (Con)
The Solicitor General (Robert Buckland)
The exploitation of vulnerable people to traffic drugs across the country through county lines activity is abhorrent, and the CPS does consider modern slavery legislation when it comes to relevant charging decisions.
Gillian Keegan
In Chichester, drug dealers are regularly taking over the homes of vulnerable people who suffer from mental health problems or from drug dependency themselves in a process known as cuckooing. Sussex police tell me that they struggle to identify the gang leaders who control the cuckoos as they are based outside the county. What steps is the CPS taking to prosecute those gang leaders effectively, so that others are deterred from exploiting the most vulnerable in society?
The Solicitor General
My hon. Friend is right to raise the issue of cuckooing and the need for local police forces such as Sussex to collaborate with other forces. A good example was a case last month in which two London-based gang members were convicted in Swansea Crown court of trafficking a teenage girl to the city to deal heroin and crack cocaine.
James Cleverly
Essex, being one of the home counties, suffers from the displacement effect of gang activity from London, and we have unfortunately seen pockets—it is only pockets at this stage—of violent gang activity in the county. What financial resources are the Government allocating to tackle serious gang violence?
The Solicitor General
My hon. Friend has correctly characterised the nature of some of this gang offending. The Government’s serious violence strategy involves a new commitment of £40 million over two years, which includes £11 million for the early intervention youth fund and £3.6 million for the new national county lines co-ordination centre.
Royal Assent
Mr Speaker
I have to notify the House, in accordance with the Royal Assent Act 1967, that the Queen has signified her Royal Assent to the following Acts and Measures:
Laser Misuse (Vehicles) Act 2018
Financial Guidance and Claims Act 2018
Secure Tenancies (Victims of Domestic Abuse) Act 2018
Statute Law (Repeals) Measure 2018
Pensions (Pre-consolidation) Measure 2018
Ecclesiastical Jurisdiction and Care of Churches Measure 2018
Mission and Pastoral etc. Amendment Measure 2018
Oral Answers to Questions
Robert Buckland Excerpts(6 years, 8 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr Philip Hollobone (Kettering) (Con)
The Solicitor General (Robert Buckland)
The CPS in Northamptonshire excels in a number of key areas. For example, its rape conviction rate is nearly 10% above the national average. I also highlight the case of Nicholas and Joan Taylor, who were convicted of 84 offences related to child abuse committed against 11 victims over a decade. That was the subject of one of the largest investigations conducted by Northamptonshire police, resulting in life sentences with minimum terms of 18 years.
Mr Hollobone
Which aspects of its performance does the CPS in Northamptonshire need to improve?
The Solicitor General
Like any other area, CPS East Midlands is aware of the need to improve its victim communications and liaison, and its engagement with the community, to ensure that the quality of its casework improves. I do, however, commend the service for its work on hate crime, with a conviction rate of over 90%.
Sir Peter Bottomley (Worthing West) (Con)
Would the CPS in the county, in an alleged case of a police officer mistreating a criminal, be expected to ask whether and when the investigating police first interviewed the recorded officer in charge—the arresting officer—before agreeing to charge someone else?
The Solicitor General
I would expect the CPS to make sure, in any case, that there has been a thorough disclosure exercise involving a proper review of all documentation and a complete review of the history of the case, and that the evidence is followed wherever it leads.
Paul Scully (Sutton and Cheam) (Con)
Tom Tugendhat (Tonbridge and Malling) (Con)
The Solicitor General (Robert Buckland)
The Government see the response to domestic abuse as a top priority. We want every victim to have full confidence in the justice system. When cases go to trial, a number of measures are already in place to support victims to give their best evidence. Where possible, we will take prosecutions forward without victims having to give evidence.
Paul Scully
The new offence of coercive behaviour is an important reform that was introduced by the Government. What success has the CPS had in securing successful prosecutions under this new offence?
The Solicitor General
My hon. Friend is absolutely right to highlight this important reform that I managed to take through as part of the Serious Crime Act 2015. Between the commencement of the offence in December 2015 and April last year, more than 300 cases have been charged and reached a first hearing. That is progress. The offence also allows the police to intervene in relationships at an earlier stage than they have in the past.
Tom Tugendhat
Of course, the importance of the legal change is fundamental, as those of us who followed the story in “The Archers” are particularly aware. However, there is a technological solution to some of this as well. Will the Solicitor General join me in praising Kent police for its work in introducing body-worn cameras? That can mean that victims do not have to give evidence, ending the situation we so often find when they will not do so.
The Solicitor General
My hon. Friend is absolutely right to mention body-worn cameras, which can, in a moment, capture the aftermath of an incident of domestic abuse, or indeed an ongoing incident. That often spares the victim from having to bear the complete burden of helping the prosecution to prove the case, or from having to give evidence at all.
Gavin Robinson (Belfast East) (DUP)
Is the Solicitor General aware of the proposal that the Probation Board for Northern Ireland has announced today to introduce a 12-month programme, pre-sentence, for those who are engaged in domestic abuse? Will he consider the contents of that proposal and perhaps introduce it in England as well?
The Solicitor General
I will certainly be interested to consider the contents, although of course this is primarily a matter for my colleagues at the Ministry of Justice. I will say, however, that any programme of engagement with perpetrators needs to be very carefully calibrated. Such programmes can work, but more research needs to be done to make sure that we get it right.
Nick Thomas-Symonds (Torfaen) (Lab)
Victim withdrawal is starting to become a problem in cases of revenge pornography, in respect of which the law was changed last year. What additional steps can we take to provide further support to victims to ensure that they get justice?
The Solicitor General
The hon. Gentleman is right to raise the issue of victim withdrawal. The consultation launched by the Government only a couple of weeks ago is looking at further ways to increase support, such as through a presumption that victims in domestic abuse cases will get special measures as opposed to having to demonstrate a particular vulnerability. All the measures that we take, such as preventing complainants from having to go to court by allowing them to give evidence via live link, need to be part of a continuing package. The message needs to go out that victims will not suffer in silence—they will be supported.
Nick Thomas-Symonds
I have previously had exchanges with the Solicitor General about data collection. May I ask that in the case of revenge pornography, we now carefully collect data about the number of incidents reported, the number of prosecutions, and the numbers that are dealt with through fines, prison, community orders and harassment orders? In that way, we can monitor whether this is actually working.
The Solicitor General
The hon. Gentleman makes a proper point about the importance of data collection. The issue has been the need to disaggregate particular batches of data so that we understand them better. The CPS has certainly improved on that, and we have started to disaggregate in a number of areas. I will follow up on the specific matter of revenge pornography.
Chris Green (Bolton West) (Con)
The Solicitor General (Robert Buckland)
We are committed to stamping out modern-day slavery both domestically and internationally. Last month, the Director of Public Prosecutions hosted an international summit for 15 countries’ prosecutors from around the world; as a result, our international response will be strengthened.
Chris Green
I thank the Solicitor General for that answer. Her Majesty’s Crown Prosecution Service inspectorate has recently examined the way in which the Crown Prosecution Service deals with modern slavery. What is his assessment of that report?
The Solicitor General
While the report showed that there are areas for improvement, it also showed that the CPS’s decision making in complex cases is good, and that successful prosecutions are built from early engagement between the CPS and specialist police teams. I am pleased to say that mandatory face-to-face training for prosecutors on modern slavery is taking place at this very moment.
Jo Stevens (Cardiff Central) (Lab)
The Solicitor General (Robert Buckland)
The effects of crimes against disabled people are damaging and wide-ranging, and those crimes have no place in our society. To raise awareness of them, the CPS has revised its public policy statement, and published guides on reporting and recognising hate crime, and a support guide for victims with disabilities.
John Howell
What more can disability groups in my constituency do to raise the question of disability hate crime?
The Solicitor General
My hon. Friend is right to talk about the invaluable role played by disability support groups. Third-party reporting, where people with disabilities can have the confidence to report a crime, is invaluable. My advice would be for them to work with the police to make sure that we drive up rates of reporting and the number of prosecutions.
Priti Patel (Witham) (Con)
The Solicitor General (Robert Buckland)
The CPS takes its responsibilities to support victims and witnesses very seriously. We want to reduce the stress of court and ensure that all victims and witnesses can give their best evidence. For example, CPS advocates are responsible for speaking to complainants and witnesses before or at court so that they feel better supported.
Priti Patel
Will my hon. and learned Friend explain to my constituent, who was violently assaulted and received horrific life-changing injuries in an awful crime, exactly how the CPS is supporting victims of crime? In this case, the perpetrator of the attack received 22 months in prison and was released early, and the CPS failed to pursue a compensation order against him.
The Solicitor General
I thank my right hon. Friend for the way she is pursuing justice for her constituent. There is a natural limit to what I can say appropriately in the House on this matter, but I wish to offer her a meeting with the chief Crown prosecutor for the east of England to discuss this troubling case in more detail.
Oral Answers to Questions
Robert Buckland Excerpts(6 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Mr John Whittingdale (Maldon) (Con)
The Solicitor General (Robert Buckland)
FGM is a crime. It is abuse against children and women. The Crown Prosecution Service has introduced a series of measures to improve the handling of such cases, including appointing a lead FGM prosecutor in each area and delivering training to police and prosecutors across the country.
Mr Whittingdale
I welcome this week’s announcement of extra funding to tackle FGM in Africa and beyond. With over 5,000 cases reported in a year in this country, does my hon. and learned Friend share my concern that we are still to bring a successful prosecution?
The Solicitor General
My right hon. Friend is correct to raise some of the obstacles that prosecutors have faced over the years, and barriers have caused real issues in the investigation of such cases. I am glad to say that a case is currently before the courts—I will not comment on it—but it is also important to remember that protection and prevention is vital, and our FGM protection orders are being used to good effect, with 179 having been granted to the end of September last year.
Kerry McCarthy (Bristol East) (Lab)
Bristol is recognised as being at the forefront of some of the community involvement in trying to prevent female genital mutilation, but the fact that we have not yet had a single conviction is still a sticking point. What more can the Solicitor General do to liaise with the police? Local prosecution services tell me that they are being prevented from taking things further because the police are not bringing cases to them.
The Solicitor General
The hon. Lady is right to press me on this issue. With the appointment of lead FGM prosecutors in each CPS area and agreed protocols with local police forces, I am glad to say that there should be a greater and deeper understanding among officers, police officers in particular, of the tell-tale signs of female genital mutilation and of what to do about them. Getting early investigative advice from the CPS is vital in such cases.
Nick Thomas-Symonds (Torfaen) (Lab)
The Solicitor General is right to identify specific issues that need to be tackled on FGM. However, if we are to increase prosecution rates right across the range of offences, we need a properly resourced and robust disclosure system. The former Conservative politician and barrister Jerry Hayes has said:
“The CPS are under terrible pressure, as are the police. Both work hard but are badly under-resourced.”
He is right, is he not?
The Solicitor General
The hon. Gentleman will know that I was directly involved in the prosecuting and defending of serious criminal cases for over 20 years, and I am well familiar with the long-standing challenge of disclosure. Prior to recent revelations, I am glad to say that the Attorney General and I instituted a thoroughgoing review not only of our guidelines, but of the entire culture. The police and prosecutors—everybody involved at all stages—have to realise that disclosure must be achieved early and efficiently to protect not just defendants, but victims.
Nick Thomas-Symonds
I appreciate that there is a review, and I appreciate that there are long-standing issues, but there is also no doubt that social media—things like WhatsApp—and the examination of mobile telephones present new challenges that are time intensive and resource intensive. Surely it is the case that, without proper resources on those things, we will not have the system of disclosure that we need.
The Solicitor General
I remind the hon. Gentleman that one of the main issues in this area has not been that these items have not been obtained but the timeliness in which they are eventually disclosed. That is the issue, and bearing down on that factor will encourage and increase both police awareness and the priority that the police need to place on making sure that all this material is gathered at the earliest opportunity.
Mr Virendra Sharma (Ealing, Southall) (Lab)
Neil Parish (Tiverton and Honiton) (Con)
The Solicitor General (Robert Buckland)
These types of crime are often committed over county lines and involve the exploitation of vulnerable people by violent members of drugs networks and gangs to move and sell drugs across the country. The CPS has recently developed and published guidance that sets out its approach to such crimes.
Fiona Bruce
I thank the Minister for that reply. Many more people, particularly although not exclusively young women, are trafficked for prostitution. What steps are being taken within the justice process to give them support and help them exit this abusive trade?
The Solicitor General
In the new guidance, the CPS has emphasised the importance of safeguarding vulnerable people. Of course, we have organisations such as the UK Human Trafficking Centre, which is a central point of contact for all agencies that work with victims of sex trafficking—for example when a victim is co-operating with an investigation to ensure that if they are of a foreign nationality their status in the UK is preserved during the course of the investigation.
Neil Parish
My hon. and learned Friend is right about these crimes crossing county lines. I also think that vulnerable people are too often prosecuted, and not enough consideration is given to their vulnerability when the cases are being looked at.
The Solicitor General
My hon. Friend will be aware that the Modern Slavery Act 2015 contains provisions to protect people who are compelled into acts of criminality. Choices must be made at an early stage by police and prosecutors whether to treat them as defendants or, where appropriate, encourage them to co-operate. Many of these people are, frankly, victims.
Gavin Robinson (Belfast East) (DUP)
The National Crime Agency just showed its “Invisible People” exhibition in Belfast. It is a harrowing portrayal of what individuals go through when they are exploited through prostitution or for drugs and forced labour. Are we winning the battle?
The Solicitor General
The hon. Gentleman graphically illustrates that this fact of life is in every town and city across our country. The idea that slavery ended many centuries ago is a fallacy and, once we face up to that—I think the police and Crown Prosecution Service are facing up to it—we are halfway towards dealing with this scourge. More needs to be done.
Sir Edward Leigh (Gainsborough) (Con)
The Solicitor General (Robert Buckland)
Although many older people are not and do not consider themselves to be vulnerable, they can often be perceived as an easy target for criminals. To address this, the CPS has committed to refreshing its legal guidance and public statement on crimes against older people within the next year.
Sir Edward Leigh
We all have constituents and relatives, elderly people, who are the victims of telephone scams. This is a particularly horrible form of crime where people pretend to be banks and it causes acute distress. Often the police shuffle off responsibility to Action Fraud, so can we have real action on this and real resources committed to it?
The Solicitor General
My hon. Friend is absolutely right to raise this issue and I commend financial institutions such as Nationwide that have already created much more secure specialist phone lines for elderly people and, in particular, for carers for those who are unwell, to conduct their transactions. That is an excellent example of how the financial services sector can drive and design out this type of fraud.
Eddie Hughes (Walsall North) (Con)