Crime and Policing Bill (First sitting)

Anna Sabine Excerpts

Committee stage
Thursday 27th March 2025 Public Bill Committees

[The Chair]

Thank you, Sir Robert. We have already used two thirds of the time allotted for our eminent witnesses. As time is fleeting, I request that people keep their contributions as short as possible so that we can cover the greatest amount of content and allow Committee members to ask a question.

[Anna Sabine (Frome and East Somerset) (LD)]

Q I want to pick up on something Mr Sells said about Crown court backlogs. I have a constituent who is still waiting, two years after a serious sexual assault, and says that that timelapse has actually been more traumatic than the assault itself. You said you were concerned that low-value shoplifting might add to Crown court backlogs; are there other things in the Bill that may do that or, indeed, things you would like to see in it that would help to reduce court backlogs more generally?

Oliver Sells: Oh dear. I do not think time permits me to answer that question in the way that I would like. Goodness gracious!

[Anna Sabine]

Give it your best shot.

Oliver Sells: I will give you the short answer. Yes, there are a whole load of things, but I do not have time to spell them out for you now. I do not think people understand that the courts want to strive to get cases through but are struggling to do so. There is an enormous amount of good will, both in the magistrates court and the Crown court.

Let me give you one example: prison transport. Why are we so reliant on defendants being brought long distances from prison every day to Crown courts? I see no justification for that in many cases. I have recently tried cases in which the defendant was sitting in Reading prison and the complainant was giving evidence on her phone in a Tesco car park. There is nothing wrong with that at all in my view; it is perfectly satisfactory and prevents all the difficulties and delay of people coming to court.

If I had my way, I would change very radically the procedural rules in the Crown court and the magistrates court. We are too slow and too timid, and I think there is a form of institutionalised idleness in some parts of the sector.

[Matt Bishop]

Q Sir Robert, during your tenure as Justice Secretary you acknowledged that the number of people prosecuted and convicted for rapes had fallen to the lowest level since records began—including having more than halved in the space of three years—while the number of reported rapes was still increasing. What specific measures did the previous Government implement to address the shortcomings? Do you believe that those efforts were sufficient to meet the victims’ needs? How can the important work on the new measures that this Government have been pursuing be taken further?

Sir Robert Buckland: Thank you for asking that question, because how to deal with what were unacceptable figures was a real judgment call on my part. I thought it was far better, as the responsible Secretary of State, to fess up and apologise, frankly, for the way in which things had happened.

It was through nobody’s deliberate fault, but you may remember the case of a young man called Liam Allan, who was accused of rape and was about to face trial when the disclosure of very important text messages totally undermined the prosecution case, and rightly it was dropped. That, and other cases of that nature, had a bit of a chilling effect—to use a well-worn phrase in these precincts—on prosecutors’ appetite for risk when it came to rape. We then entered a sort of cul-de-sac, whereby, because of concerns about disclosure and the threshold, we saw fewer and fewer cases being brought.

The situation was compounded by the fact that many complainants and victims, when faced with the rather Manichean choice between giving over your phone for months or carrying on with your phone—which is, let us face it, the basis of your life—were saying, “No, thank you. I don’t want any more of this. Frankly, I don’t want to be put through the mill again, bearing in mind the trauma I’ve already suffered,” so the attrition rates were really high.

I therefore thought it was very important that we, the police and the CPS really looked again at the way in which the cases were investigated. That is why I thought it was important that we had things such as the 24-hour guarantee on the return of phones, and Operation Soteria, which was the roll-out operation, refocusing the way in which the police and the CPS worked together on cases to yield results. I am glad to say that we have seen a progressive increase in the number of cases brought. I do not think we are there yet, and we still have to give it a bit of time and a lot more will to get to a position where we can look back.

Let us go back to the Stern review, which was done over 10 years ago. Baroness Stern produced an impressive piece of work that acknowledged the fact that there are many victims and complainants who do not want to through prosecution, and want other means by which they can come to terms with, and get to support for, their trauma. Until we get the prosecution element right and we see the right balance, I do not think we can offer a wide range of different options so that victims feel that they are respected and listened to, that action is taken early, and that they are not having to relive the trauma all over again in a way that, frankly, causes the attrition rates.

From what I see in the Bill, there are certain measures and initiatives that will help in that process, but it does require—and I emphasise this—a huge amount of political will, and the attention of this place, to make sure that the authorities are doing what you want, on behalf of your constituents, them to do.