Hillsborough: Collapse of Trials

Andy Carter Excerpts

Thursday 10th June 2021 Commons Chamber

[Robert Buckland]

I do not know whether the hon. Lady heard my observations about what has already been done with regard to legal aid and legal eligibility. The effective removal of the upper means test threshold with regard to exceptional case funding for legal help and legal representation in circumstances just such as this is a very important development. I take the point that she makes. That is why I have already undertaken not just to present the response to the 2018 consultation but to develop it further so that any potential change that can be made will be done with the fullest, most careful and earliest consideration.

[Andy Carter (Warrington South) (Con)]

With your permission, Mr Speaker, as this is the first time I am speaking on this topic, I hope you will allow me to pay tribute to the four victims from Warrington who lost their lives at Hillsborough—in particular, to David Benson from Penketh in my constituency, who was just 22 when he died. Having read some of the comments from Brian, David’s father, it is clear to me that he feels that the system has failed him at every single level. With that in mind, will the Lord Chancellor clarify what steps he is taking following the collapse of the most recent trial in relation to the offence of perverting the course of justice and common law offences that touch on those who hold public office?

[Robert Buckland]

My hon. Friend puts in very heartfelt, genuine terms the real sense of loss and frustration, to say the least, that his constituents and their families feel. I have already outlined the steps that I want to take with regard to looking at the public advocate role. In line with that, I and my officials are considering very carefully the work of Law Commission on the offences of misconduct in public office published right at the end of last year. I aim to issue a response as soon as possible with regard to any next steps. There is a joint protocol that we have agreed between my Department—the Government—and the Law Commission. I want to make sure that any potential changes are done in the round so that we are not inadvertently missing out any particular issues that clearly need to be addressed.

Protecting the Public and Justice for Victims

Andy Carter Excerpts

Wednesday 9th June 2021 Commons Chamber

[Robert Buckland]

I will judge success—never “mission accomplished”, but certainly success—when I see the number of cases that take six months or longer dropping to well below 20% of all cases. That is my personal benchmark. I cannot give the hon. Gentleman a date when that will be achieved; what I can say is that there is now a sustained pattern in which the number of cases being dealt with in both Crown and magistrates courts is larger than the number of cases coming in. That, obviously, means one thing—a decline in the overall number.

The Courts Service’s latest published plan is to see the overall number of cases in the magistrates courts reduce back to pre-covid levels by the end of the year. Every sign that I have been seeing over the past few months suggests that that progress is sustained and sustainable. We should pay tribute to the magistrates, judges and all the court staff who are working so hard to make that real.

The pressures that we are under are all familiar to us in the House. I look around in this place and see so few people, and that reminds me of the challenge in courts. Imagine the difficulty of running a busy court where people are coming back and forth and covid coming into the middle of it all. The work done to make our courts safe, in accordance with guidelines from Public Health England and Public Health Wales, has been immense. We invested about £113 million in safety measures —from perspex screens right through to social distancing measures, plus the Nightingale courts programme, which is allowing us to create the sort of capacity needed to deal with the case load. Plus there is the commitment I made, to which the right hon. Member for Tottenham alluded, that there should be no upper limit on the number of sitting days that can be used by the Crown court.

In other words, the Government and I have clearly signalled to all involved in the system that all systems are go and only the inevitable constraints of the current covid pandemic and social distancing rules would hold back the sort of full-throttle progress that I would love to see. If we continue with the common endeavour of the vaccination programme—that race that it is so important to win—and continue to make progress, I am convinced that will be reflected in improved figures at our courts.

[Andy Carter (Warrington South) (Con)]

The Lord Chancellor is absolutely right to pay tribute to court staff, magistrates and judges. As he knows, I sit as a magistrate and have seen the work that has continued right the way through the pandemic. What he has missed, though, is the investment that the Government have made in technology. I have been able to sit here, in the House of Commons, and undertake justice procedures for Merseyside so that we can keep the process and the wheels of justice moving forward. That investment has made a significant difference, too.

[Robert Buckland]

I am grateful to be prompted by my hon. Friend, who anticipates what I was just about to say about the next limb of our investment, which is in technology. At the beginning of the pandemic, about 500 cases or so were being dealt with by way of telephone or remote technology across the whole of England and Wales. Last week, the number reached 20,000—just under half all the cases heard every week in our various jurisdictions.

That has not happened by accident; it has happened as a result of significant Government investment in the hardware and software so that the technology works as well as possible for all court users. We continue, through the £1 billion court reform programme launched in 2017, to evolve, refine and improve the technology. All the measures that we have invested in are supported by the biggest single increase in court maintenance in nearly 20 years—the £142 million that I announced last summer. That is further evidence of the concerted action that I and the Government have taken since the outset of the crisis.

Plans were outlined for recovery in the criminal courts in September last year—most notably, our commitment to create 290 courts that could be used for jury trials. But we did better than that: we now have over 300 courts that can be safely used for jury trials—and they are happening day after day. We published our plans for other court recovery, relating to other jurisdictions, in November. I can remember a time at the beginning of this crisis when there was a serious question as to whether the wheels of justice could carry on rolling at all, but at no time did we stop. Again, that is as a result of the application and dedication of everybody involved. The most difficult and troubling moment for all of us concerned in the system was the decision to stop jury trials at the end of March 2020. There was a two-month hiatus, but it did mean that in late May of that year we were among the first jurisdictions in the world to start jury trials again. That was a remarkable achievement and a testament to everybody who got involved in that endeavour. Clearly, that has had a consequence and an impact, and I do not seek to shy away from the reality of that. However, I can sincerely say to the House that our robust action—the investment we made, the multi-layered approach we are taking—is yielding the sort of results that all right hon. and hon. Members would welcome: the sort of outcomes for witnesses and victims that we all want to see. Can we do more? Yes, we can, and we are going to do more, not just in the ongoing work to recover from covid, but on the legislative framework, which I think we all agree needs to be enhanced.

--- Later in debate ---

[Andy Carter (Warrington South) (Con)]

It is a pleasure to follow the hon. Member for Hornsey and Wood Green (Catherine West). I am pleased to speak in this debate, not just as a Member of Parliament, but as a member of the judiciary. Through the pandemic, I have been to courts on Merseyside regularly as a magistrate, to hear issues being brought forward through the courts system. We have talked today about delays and problems, but it is incredibly important that we put on the record our thanks to the people who have worked all the way through the pandemic in the courts system to ensure that justice was delivered and is delivered in a timely fashion. In particular, let us thank the magistrates, who are, on the whole, volunteers. They did not have to go in, but they chose to get in their cars to drive to magistrates courts. We should also thank the judges, ushers and legal advisers who spent time in courts and had to adapt, innovate and work through with real determination to ensure that the wheels of justice keep turning.

Those who commit criminal offences did not down tools during the covid epidemic. Disputes between neighbours, businesses and family members continued to arise, and vulnerable children and domestic abuse victims, in particular, still needed support and time in the courts. Having sat in many domestic violence courts, I know that, when requests were made by the police, magistrates were there to deliver those orders in swift order.

I am very pleased that we are seeing progress in the courts. Jury trials simply do not mix with a global pandemic, but the UK is the first western common-law nation to resume jury trials, and the Government have put a tremendous amount into ensuring that justice can be delivered. I particularly welcome—I mentioned this earlier—the investment in technology. That has really revolutionised the court system. There is nothing more frustrating as a magistrate than sitting and waiting for papers to be handed round in courts. Today, with a new computer system, things can happen in a much speedier and more efficient manner, so that is a tremendous investment.

Finally, I make a plea to the Minister to ensure that we have the resource readily available to support those with mental health and learning difficulties who are at this moment trying to navigate our court systems. I have a number of cases locally where disputes are causing great distress for my constituents. We need to ensure that these people are not just talking to screens. The benefits of the complex cases court for those suffering mental ill health are invaluable, and I encourage the Minister to look at what we can do to roll that out further.

These issues are far too important to politicise. I congratulate my right hon. and learned Friend the Lord Chancellor on the work that he has been doing through this global health emergency to ensure that the action required to protect the public and prevent the spread of the virus will also ensure that victims are protected and justice is served.

Oral Answers to Questions

Andy Carter Excerpts

Tuesday 18th May 2021 Commons Chamber

[Robert Buckland]

My hon. Friend is absolutely on the nail, as ever. He knows that I have long valued the principle of comity, which is that we as parliamentarians respect the independence and role of the judiciary, and that in their work the judiciary likewise respect the position of Parliament. That is what comity is all about, that is what I believe in, and that is what we will embody in our policies as we develop them.

[Andy Carter (Warrington South) (Con)]

What steps his Department is taking to reduce crime in prisons.

[The Parliamentary Under-Secretary of State for Justice (Alex Chalk)]

Reducing crime in prisons is a key priority. We are delivering on our commitment to invest £100 million in bolstering prison security and clamping down on the weapons, drugs and mobile phones that fuel violence and crime behind bars. This investment enhances security at the entry point to prisons, using the latest technology, and strengthens staff resilience to corruption, as well as targeting organised criminals who exploit prisons as a lucrative market.

[Andy Carter]

As the Minister says, many of the crimes committed in prison are related to illegal contraband that finds its way inside. Constituents who live close to Thorn Cross Prison in Appleton Thorn in my constituency have told me about their increasing worry about daylight drops in gardens that border the open prison. Could the Minister tell me what steps he is taking and what residents can do to address that real concern, particularly where children are playing in gardens and their parents are concerned for their welfare?

[Alex Chalk]

I am grateful to my hon. Friend for raising that important point on behalf of his constituents. The Government’s £100 million investment to prevent crime in prison has enabled hundreds of security items to be purchased that will assist his constituents, including 176 search dogs, 300 metal detection archways and wands, mobile phone detection technology and 51 X-ray body scanners. We have also developed clear guidance for prisons on managing trespassers within the open estate, including protocols on reporting evidence to the police and addressing the site-specific security risks. I would be happy to meet my hon. Friend to discuss the matter further if that would be helpful.

Courts and Tribunals: Recovery

Andy Carter Excerpts

Thursday 3rd December 2020 Commons Chamber

[Andy Carter (Warrington South) (Con)]

Can I join the Lord Chancellor in paying tribute to magistrate colleagues in court, particularly in Cheshire and Merseyside, who have continued to sit right through the pandemic? Could I ask my right hon. and learned Friend to give us an update on plans to extend the retirement age of magistrates, and also on the work that local advisory committees are doing to recruit new magistrates to the bench?

[Robert Buckland]

I am grateful to my hon. Friend, who I know takes a particular interest in this matter. He is right to pay tribute to the magistracy and, indeed, to highlight the recruitment campaign that is currently ongoing. I would urge members of the public who want to take part and to be part of the system to make such an application. On the retirement age, the consultation has now concluded. I am considering its findings, and I will report back to the House as soon as possible.

Probation Services

Andy Carter Excerpts

Thursday 11th June 2020 Commons Chamber

[Robert Buckland]

As ever, the hon. Gentleman is the champion of the leading question, and I am not going to fall for that old trick. As he knows, I do not take an ideological view of this. There are aspects of the last few years that have brought much new learning and experience that we will incorporate into the National Probation Service. I am talking about the people who have delivered for the CRCs on the ground. There are plenty of examples of local best practice that we want to hold on to and propagate and that we will expand through the dynamic framework.

[Andy Carter (Warrington South) (Con)]

I thank my right hon. and learned Friend for his statement. One of the frustrations I see in magistrates courts in Cheshire and Merseyside, particularly for victims, is when probation staff cannot conduct stand-down reports on the day, which means that justice is delayed. How will the steps he has announced today improve efficiencies in magistrates courts?

[Robert Buckland]

My hon. Friend asks a very pertinent question. There is a tension, as I think he would acknowledge, between the need for swift justice and the value that properly crafted and prepared pre-sentence reports can play in the sentencing process. Where the ground has been prepared before the hearing and the options are very clear to the court, there should be no obstacle to the passing of a swift sentence. I will pray in aid the value of pre-sentence reports. I want to see more of them used, but with the eye to case management that delivers the swift justice that he and his residents want to see.

Oral Answers to Questions

Andy Carter Excerpts

Tuesday 25th February 2020 Commons Chamber

[Lucy Frazer]

The hon. Lady makes a really important point about dependants and the effect of a custodial sentence on the mother of those children. That is why we are ensuring that in pre-sentence reports a checklist is filled out to ensure that the appropriate things are taken into account when a woman is sentenced, one of which will be the effect on her dependants.

[Andy Carter (Warrington South) (Con)]

There is a significant shortage of magistrates in courts in England and Wales. To add to this, more than half of all sitting magistrates are over the age of 60 and due to retire in the next decade, which will only add to the problems. Will my hon. Friend look urgently at increasing the retirement age for magistrates so that courts have experienced presiding justices and the capacity to deal with their current and future workload?