(6 months, 2 weeks ago)
Commons ChamberIs the Secretary of State aware of a new crime that is spreading throughout the north of England, including in your constituency, Mr Speaker, and in mine? A group is preying on people who have cavity wall insulation. Those people get themselves into the legal process and find the expenses are so high that they have to sell their home. It is an epidemic. It is also rather like the Post Office scandal. This is an early warning of a major scandal. Will the Secretary of State agree to look into this matter as it is very important, especially in the north of England?
I thank the hon. Gentleman for raising that matter on the Floor of the House. He will understand—I know that he well appreciates this—that it is not for the Secretary of State to be ordering investigations, but, plainly, the matters he raised are serious. I invite the police and prosecutors to take all appropriate steps to investigate it if that is what is required.
What can I do to change the Secretary of State’s view on joint enterprise? Has he read Lord Finkelstein’s recent and very good article in The Times? Please can the Minister have an open mind and look at it again? There are more than 1,000 young men in prison on long sentences.
Joint enterprise is there to ensure that those who act as the burglary lookout, those who provide the weapon in a murder and those who drive the getaway vehicle do not escape the consequences of their crimes, which shatter lives. It is already the case, as in the case of Jogee, that the person must have helped or encouraged the commission of the offence and intended to do so. If the Labour party’s position is that such people should escape culpability, it should say so. Our advice on this side of the House is clear: do not commit crime.
(10 months, 3 weeks ago)
Commons ChamberMy right hon. Friend did exceptionally important work in ensuring that the supply and roll-out of alcohol sobriety tags, and indeed other tags, proceeded at huge pace, and they make a significant difference. On his point about uptake, plainly sentences are a matter for the independent judiciary, but I do think that more can be done to ensure that judges and magistrates are aware of the sheer extent of the technology available, and the steps that can be taken to properly curtail people’s freedom in appropriate cases by way of punishment, and to ensure that they have the tags to steer people away from addiction. Ultimately, that can be the best way to ensure that people are properly rehabilitated and become contributing members of society once again.
The Secretary of State reminds me of the unfortunate astronaut who by mistake is still circling the moon somewhere, out of touch, when he only expected to be up there for three months. Those of us who have been down on planet Earth for the last 13 years know about the resources devoted to the Ministry of Justice, which has faced the worst cuts of any Department. Is he aware that we have been promised a royal commission on justice three times in the Queen’s Speech, which will now be the King’s Speech? Today’s statement was supposed to be an update on prison capacity. He has covered far more than that. Is he aware, for example, that joint enterprise is responsible for 1,000 young people who should not be in prison being in prison? Why can he not wake up and do something about them?
I know that the hon. Gentleman cares passionately about joint enterprise, but I must tell him this: joint enterprise is the legal doctrine that means that the getaway driver is culpable, or that the person who supplies the firearm in a murder is held properly accountable and found guilty. Those are important tools that the Court of Appeal considered carefully in the case of Jogee. Getting rid of joint enterprise would mean that a lot of people who have helped or encouraged the commission of offences get away—in some cases, with murder.
(12 months ago)
Commons ChamberI am grateful to the hon. Lady for raising those points on behalf of her constituents. We all have a duty, which she will uphold as well as anyone else, to ensure that people are not alarmed. I draw her attention and that of her constituents to the Metropolitan police’s remarks that the man should not be approached, but that he is considered to be low risk, and not a larger risk to the wider public.
I remind the Justice Secretary that this is a very serious incident. Any prison escape is serious, but we should put it in perspective. I remember when he was very young, and before I was shadow prisons and policing Minister, back in 1966, the notorious spy and traitor George Blake escaped from Wormwood Scrubs, in a startling and disgraceful lapse in security. He lived to his mid-90s and finished his days in Moscow.
In the present circumstances there should be a thorough inquiry, but all of us interested in the justice system know that prison overcrowding is a serious problem. The excellent men and women who work in our prisons are under tremendous stress. This is a serious incident. I hope the guy gets captured quickly and faces real justice, but can we please do something about the prison estate and the good people who man it?
I agree with all the hon. Gentleman’s remarks. Every prisons Minister and Secretary of State, whether Labour or Conservative, will say that prison officers do a wonderful job, and it is a hidden service. I believe that to my bootstraps, which is why I met the Unlocked Graduates in Leeds to thank them personally for what they do, and why we hosted a reception recently at No. 10. It is an incredibly important job that is beyond most of the people in this room, if I dare be so bold. It requires huge judgment, courage, integrity and decency. I pay tribute to them all.
(1 year, 2 months ago)
Commons ChamberI regularly meet the senior judiciary, including the Lord Chief Justice, to discuss priority issues across the justice system, including prisons. We are delivering 20,000 additional modern prison places, the largest prison build programme since the Victorian era, ensuring the right conditions are in place to rehabilitate prisoners, cut crime and protect the public. We have already delivered 5,200 of these places, including at the brand new HMP Fosse Way, which opened last month and which I look forward to visiting later this week.
The Secretary of State, for whom I have great respect, surely knows that there is enormous unhappiness in the prison estate. Recent polls show how low morale is and how many people working in our prisons doing that difficult job are fearful for their safety. Will he meet me and perhaps even the Chair of the Justice Committee, the hon. Member for Bromley and Chislehurst (Sir Robert Neill), to talk about how we can find a way forward for the young people—there are perhaps 1,000 of them—in prison under joint enterprise? That would help him with prison overcrowding and bring justice to so many young lives.
I am grateful to the hon. Gentleman and will be happy to meet him to discuss that. I am glad that he paid tribute to prison officers, who do spectacularly important work. One thing I am proud of delivering is body-worn video cameras for all of them, because that is so important for de-escalating volatile situations and potentially gathering evidence so that they can see justice done.
Joint enterprise is a sensitive issue. I know that the hon. Gentleman takes a proper interest in it, but it is the legal doctrine that ensures that the getaway driver does not avoid culpability, that the lookout of the armed robbery is also culpable, and that the person who supplies the murder weapon, knowing that it will be used in that offence, also cannot escape liability. The Court of Appeal has considered this at some length in the case of Jogee, and we have to be very careful before seeking to recalibrate it. However, I am happy to discuss it with the hon. Gentleman at a time of his choosing.
(1 year, 7 months ago)
Commons ChamberMy hon. Friend paints a powerful tribute and I am happy to echo it. The people of North Norfolk have stepped up admirably, not only in providing generators, but in opening their hearts and their homes to people fleeing Ukraine, so I absolutely pay tribute to them. It is worth remembering that this country has provided not just generators, but ambulances and Sea King search and rescue helicopters in addition to medicines and so on.
There is one matter that I am happy to correct, by the way: I said £600 million for additional ammunition, but I think it is £560 million. In so far as that is material, I am happy to make that clear.
Does the Minister agree that, if anyone wants to understand President Putin better, they should do what I have done and watch the brilliant new documentary by Norma Percy, “Putin, Russia and the West”, which will be broadcast again on Monday on the BBC? It is very revealing about what we face. Does he also agree with me and other Back Benchers who have said that, while it is crucial that we send more tanks, and I applaud that—the gearboxes for the Challengers are all made at David Brown Santasalo in Huddersfield, and much else, too, so that is all good news—this is also about morale? The civilians across Ukraine need blankets, heat and food. Can we make sure across Departments that the folks at home, who support their troops and their President, are getting that kind of help with keeping warm this winter and feeding themselves and their children?
I thank the hon. Gentleman for his remarks and pay tribute to his constituents, who have been providing gearboxes for the Challenger 2 tanks. He is absolutely right to say that the support is not just military. Indeed, more than £1 billion of humanitarian support has been provided by the British Government, and there are those from North Norfolk and elsewhere who have been doing a huge amount besides—blankets are important, food is important, generators are important. I am proud that this country has provided tens of thousands of sets of winter clothing for Ukrainian troops. That means that General Winter—as some have referred to winter and the impact that it can have on conflicts in that part of the world—should be on the side of the Ukrainians.
(2 years, 5 months ago)
Commons ChamberThe Government absolutely deprecate and abhor the actions that have been taken by P&O, and the Prime Minister was very clear about that. What we will not do is indulge in point-scoring, but we will take every possible step within the law. The right hon. Lady will understand that that requires an important liaison with the Insolvency Service to ensure that we know what the position is. If the law allows for a prosecution, I can tell her that this Government will not hesitate to take every action necessary.
I am grateful to the hon. Gentleman for his question. Economic crime is highly complex, often cyber-enabled and spans multiple jurisdictions. In recognition of that and to keep pace with the changing nature of crime, the CPS published its first ever economic crime strategy last year, which affirms its commitment to improving criminal justice outcomes and supporting victims. The conviction rate for fraud and forgery over the past period was 84.9%, and, as I indicated, in the past five years £568 million was enforced in respect of CPS-obtained confiscation orders.
Has the Minister seen the Age UK report and the way that organised crime, which includes highly sophisticated big players, is targeting elderly people? A total of 800,000 elderly people were defrauded last year. Somebody is defrauded every few seconds in this country. These players are homing in on our most vulnerable people, and what we are doing as a Government—no, what he and his colleagues are doing as a Government—seems to be amateur when compared with these professionals.
(2 years, 6 months ago)
Commons ChamberIn 2020-21, the CPS prosecuted over 6,500 defendants for fraud, with an 85.6% conviction rate. Meanwhile, in the last five years, the Serious Fraud Office have secured court orders requiring the payment of over £1.3 billion from defendants to the taxpayer. We are determined to build on that to make the United Kingdom a more hostile environment for all forms of economic crime, including fraud.
But the truth is that the scandal of the bounce back loans is enormous. We know now that financial crime is being driven by very sophisticated crime syndicates. My constituents want to know when the Government are going to get serious about this. Where is the economic crime Bill? Where is the real focus on trying to get these billions of pounds back? They have been stripped from the Government, under the most incompetent Chancellor of the Exchequer I have seen in my 40 years in Parliament.
To deal with that last point, I find that an extraordinary point to make. It was this Chancellor who ensured in the hon. Member’s constituency that the money was rolled out to save jobs in Huddersfield and we make absolutely no apology for that—millions of pounds to save lives.
Where the hon. Member is right is that fraud shatters lives and destroys trust. We are determined to deal with that. That is why this Government put £400 million in the spending review to support the National Economic Crime Centre and the National Crime Agency to ensure we crack down on fraud. He will see an awful lot more prosecutions, I assure him.
(5 years, 3 months ago)
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I thank my hon. Friend for that intervention. I was going to mention the R.E.M. case, which, as he says, is a very famous one. Can I come back to that? He is absolutely right, and I will come back to it in a moment.
The requirements of a defence of non-insane automatism—I am not dealing with insane automatism—are that, first, there must exist an involuntary action arising from an external source or reflex action; secondly, the action must be completely involuntary; and thirdly, the automatism must not be self-induced. Some academic literature states that the automatism defence is increasingly being used, but the problem is that no statistics are kept on how often the automatism defence is pleaded or succeeds. The word I hear from the justice system more broadly is when a senior policeman or policewoman comes up to me and says, “Look, we’re in real difficulties prosecuting here, because the defendant is going to use automatism. It’s going to be very, very difficult, because the CPS will be very reluctant to bring the prosecution.” In a sense, what I am trying to bring to the public gaze today is this question: why do we not know how many cases are not proceeded with because the Crown Prosecution Service thinks that it is all too difficult, that the chances of getting a conviction are not good with a clever lawyer using automatism as the reason for the defendant’s behaviour?
I want to give a couple of examples. In 2014, there was the terrible accident in Glasgow involving a council-owned waste lorry that collided with pedestrians in the city centre, killing six people and injuring 15 others. The driver said that he had passed out at the wheel, and he was not prosecuted. Glasgow sheriff court was told that the driver had passed out at the wheel and heard evidence regarding his alleged failure to disclose a history of dizziness and blackouts in job applications and when renewing his licence.
Nicky Selby-Short, a solicitor in Access Legal’s specialist personal injury team, comments:
“There may be occasions when such a defence is entirely justified, but claiming automatism is likely to continue to be used by defendants since it is a good tactic; however, it is accepted it will leave innocent claimants with no award whatsoever for what are often very serious injuries”
and, of course, death.
The hon. Gentleman is of course raising a really important issue, but it is important not to lose sight of the fact that to make out this defence, the burden is on the defendant to advance evidence, which may be in the form of medical evidence. It would be quite wrong to give the impression that somehow a defendant could simply say, “I’m invoking non-insane automatism,” and get off scot-free. The burden is on him to prove it. Does the hon. Gentleman agree?
Absolutely, I agree with that, but as I make my case, I think the hon. Gentleman will understand why I am worried about what happens at the moment.
The second case I want to mention is R v. Burton in 2007. An elderly motorist killed a married couple in a high-speed crash and was controversially cleared of all blame by a judge, after claiming that he may have been in a state of automatism at the time. Experts said that retired businessman Arnold Burton may not have known what he was doing when he smashed head-on into the couple’s car, while doing at least 76 mph in a 30-mile speed limit in his Jaguar X-Type.
Leeds Crown court was told that the 89-year-old, whose father founded the Burton clothing empire, could have been suffering from a lack of blood to the brain. Prosecutors decided to offer no evidence on two charges of causing death by dangerous driving after psychiatrists concluded that Mr Burton might not have been aware at the time. The recorder of Leeds, Judge Norman Jones, said that the elderly motorist was “driving automatically” and that his
“brain was not in control of his body”
when the crash happened.
In Glasgow, in 2010, two little girls were killed while Christmas shopping by a Range Rover that hit them on the pavement. The charges against the driver were dropped, because he suffered a loss of consciousness, owing to an undiagnosed medical condition.
I am grateful to the hon. Gentleman for generously giving way. Where a road accident leads to someone losing a life, one’s heart goes out to the victims and those who are left behind. However, it is important that one injustice is not replaced by another injustice. If it really is the case that that individual was effectively unconscious, surely the hon. Gentleman is not suggesting that he should be criminally culpable none the less. It may be that he should not have his driving licence, but that is another issue. If he is truly unconscious, surely he is not criminally liable.
I agree entirely with the hon. Gentleman. I believe in evidence-based policy. We have a great deficiency in the transport safety area that I keep nagging the Government about. In Sweden, every time there is a fatality on the roads, there is a thorough investigation. That does not happen in the United Kingdom. There is no highly skilled investigation of an accident involving a death. There is a real problem finding out what really happened.
I will whisk through the prominent case that highlights how automatism might be used too broadly. It involves Peter Buck from the band R.E.M., who was acquitted of charges of two counts of common assault and one count of criminal damage while being drunk on a plane. There was a good defence. What distinguished Mr Buck’s case from others of this nature was that he raised the defence of automatism in a Court of Appeal, which described non-insane automatism as
“malfunctioning of the mind of transitory effect caused by the application to the body of some external factor such as violence, drugs, including anaesthetics, alcohol and hypnotic influences”.
Mr Buck sought to establish that the commission of the offences he was charged with lacked a mental element due to a transitory effect caused by the external factor of red wine combined with sleeping tablets.
However, a defendant cannot simply absolve himself of all responsibility for his actions by blaming pills and alcohol. A self-induced incapacity will not excuse; nor will one that could reasonably have been foreseen, such as the result of taking alcohol against medical advice after using certain prescribed drugs or failing to have regular meals while taking insulin. However, Mr Buck produced his prescription bottle, which did not contain a warning about mixing alcohol, so he was acquitted.
While it is difficult to put forward a defence of automatism, once such a defence has been established—this is what legal experts tell me—it falls on the prosecution to disprove the evidence of automatism beyond reasonable doubt. I am not trying to turn the justice system upside down; I am merely shining a light on the increasing use of automatism as a defence.
Forms of automatism have also been used to defend people who have been accused of rape. Sexsomnia is being used internationally. In 2007, in the UK a man was let off for raping a 15-year-old because he claimed sexsomnia. Let us remember that, according to a 2002 London Metropolitan University study, just 6% of cases result in conviction, because of loopholes in the law such as automatism.
Dr Cosmo Hallström, a member of the Royal College of Psychiatrists, said:
“People do sleep walk and they do strange things in their sleep, but it is usually no more complex than grinding of the teeth or smacking the lips—at most they may get up and make a cup of tea. I would think it was extremely difficult to perform such a complex manoeuvre as having sexual intercourse while asleep—especially if the other person is unwilling.”
Harry Cohen spoke on this in the House of Commons only 11 years ago:
“Anybody up in court on a rape charge could get a few friends and family to claim that he sleepwalks, and he will almost certainly get off.”—[Official Report, 15 October 2008; Vol. 480, c. 801.]
Harry Cohen introduced the Rape (Defences) Bill in 2008 to address this. That Bill sought to prohibit the use of a defence of sleepwalking or non-insane automatism in proceedings relating to the offence of rape.
The hon. Gentleman is being extremely generous with his time. We all want to see more people who are guilty of rape convicted. We all agree that the statistics are shocking. However, on the example that he gave, if the prosecution were able to call evidence to suggest that what was being posited—namely that the defendant raped through non-insane automatism—was a complete fiction and entirely implausible, a jury should have little difficulty giving that defence short shrift and finding the defendant guilty. Does he agree that if it is a bad defence, the prosecution can call evidence to expose it as such?
The hon. Gentleman is right, but I am trying to get the balance right. There are so few successful prosecutions for rape and there is an increasing tendency worldwide to use this as a reason why the person—usually a man—was unable to know what they were doing.
In 2008, another good former comrade—sorry, colleague —of ours, Dr Brian Iddon introduced the Road Traffic (Accident Compensation) Bill, which sought to provide no-fault compensation for personal injury in road traffic accidents where liability cannot be established. This is the nub of the matter. However many people are killed or injured in an accident involving automatism, there is no compensation. How can that be just? In such cases, the victim is left injured or killed, but with no compensation for the family. Surely, the Minister would agree that it is time to consider introducing a no-fault compensation system in this area, as is used in other countries such as New Zealand.
We are coming to the end of the story. In 2013 the Law Commission undertook a review and produced a discussion paper called “Criminal Liability: Insanity and Automatism”. It produced a range of recommendations for reform of this defence. I hope that the hon. Member for Cheltenham (Alex Chalk), who intervened on me two or three times, will be able to hear this, because it is germane to his interventions. Much of the report focused on the need for modernisation and reform of the law around insane automatism or the insanity defence. It recommended that the arcane criminal law be reformed by replacing it with the new defence of
“not criminally responsible by reason of recognised medical condition”.
However, it also proposed to abolish the less clearly defined common law defence of automatism in favour of a reformed automatism defence that was clearer and narrower in scope. To the best of my knowledge, the Government have not since acted on those recommendations. I ask the Minister what actions, if any, the Government have taken in relation to clearing up the legal problems identified by the Law Commission. Will the Government undertake to enact any of the proposed reforms recommended by the Law Commission?
This is about victims and justice. What is really going on in the undisclosed statistics from the Crown Prosecution Service? What is going on in the desperately underfunded justice system that we operate in this country? I co-chair the all-party parliamentary group on miscarriages of justice. How many more miscarriages of justice will happen, not because of ill-will or badly motivated, wicked people, but because of a lack of resources, investment and personnel?
There is no scheme in the UK to compensate victims of genuine automatism. A person who is injured through no fault of their own has no opportunity for compensation for what are often serious injuries or death. Sometimes an insurance company makes an ex gratia payment to an injured party, but that is rare. As it stands, the law offers no protection to the often entirely blameless victims of the automatism defence.
It is not surprising that this effective get-out-of-jail-free card is being used more frequently by defendants. Countries that operate no-fault compensation schemes include France—it has implemented a no-fault standard for serious and unforeseen medical injuries, and a fault standard—and New Zealand, which has also put in place a no-fault compensation scheme with the broadest eligibility criteria; the no-fault standard is applicable to any unexpected treatment injury.
On the Crown Prosecution Service and the police, an article in the International Journal of Law and Psychiatry notes that in a criminal trial, it can be difficult to decide whether to hold responsible a defendant who did the act but claims that their mental state was abnormal because of the lack of objective evidence. There is no brain scan or blood test to measure responsibility. The best witness to what was in the defendant’s mind is usually the defendant, who obviously has an interest in what the court decides.
I have always said that we need good evidence-based policy, but we lack the evidence and statistics about how often automatism is evoked as a legal defence. As I talk to people in the police and the Crown Prosecution Service up and down the country, there is a suspicion in my mind that the defence is increasingly becoming a way for well-heeled people who can get the right solicitor to get off dreadful crimes on the road. We know that there is a group of solicitors who can find some defence to get rock stars or people in the public eye off.
Despite many high-profile cases, we do not know how often this occurs. How many cases are not being brought to trial because prosecutors have lost confidence that they can challenge the evidence? How aware are the police, while they are investigating a case, about people invoking automatism? We need evidence to evaluate whether clever lawyers are using the defence to get people off.
This is about justice for people who can no longer fight their own corner. This Chamber is the right environment for this debate, and I hope I have made a coherent case.
(5 years, 9 months ago)
Commons ChamberThat is precisely it. The weight of that experience means that something that might be perceived to be innocuous in isolation becomes a deeply upsetting episode. I shall deal with that in a little more detail in due course.
The hon. Gentleman might not know this, but I always sit in front of the memorial to my parliamentary neighbour Jo Cox. As the whole House knows, she was a victim of a type of stalking. I served on the anti-stalking commission, and that really opened my eyes to the misery of victims and the fact that very often they do not complain because they are terrified to do so.
That is absolutely right, and the hon. Gentleman will know that the rise of digital means of stalking has magnified the problem over the past decade or so. It used to be that the stalking might consist of the person turning up at someone’s home address and then doing that threatening but apparently innocuous act of driving past. Of course, people can now stalk others using multiple fake identities. I heard about an appalling case in which somebody had generated the identity of the victim’s dead partner—you could not make it up. They were seeking to harass, intimidate and upset that individual.
When I was working on this issue with my hon. Friend the Member for Gloucester (Richard Graham), it became clear to us that although society and this place had started to react to the issue by generating the offence of stalking, the penalties that existed for it were manifestly inadequate. The penalty at the time of only five years’ imprisonment was less than the maximum penalty for the theft of a Mars bar, which is seven years, and less than the maximum penalty for non-residential burglary—lock-up burglaries and so on—which is 10 years or so, yet stalking can genuinely ruin people’s lives. The sentence was insufficient.
(6 years, 1 month ago)
Public Bill CommitteesI, too, congratulate the hon. Member for Totnes. I was one of the original members of the commission on stalking, which had members from the House of Lords and the House of Commons. It was pretty new, and it was a very good group. All of us who are still in contact think that the Bill builds on the foundations we created. We thank her immensely and hope the Bill comes to fruition quickly.
I want to reflect on how far we have come on this issue in such a short time. It is hard to think that stalking was made a criminal offence only in 2012. Prior to that, it was the stuff of almost amusement. It is only now that we, as a society, have come to realise its appalling and corrosive impact. We have made that progress because of great campaigners such as my hon. Friend the Member for Totnes, who has been ably and graciously supported by the hon. Member for Rotherham.
I have one observation. This is an excellent Bill that will provide an important tool for early intervention. Critically, it allows to be placed on the individual not just a prohibition, but a requirement potentially to get some sort of treatment. We all want the stalking to stop, and sometimes the critical factor is to ensure that the individual gets treatment, be that talking therapy or whatever, to address the fixation that has got into his or her head. I hope that magistrates courts will take the opportunity that this excellent piece of legislation provides to protect victims and assist perpetrators.