Information Disclosure: Pre-trial Abuse of Process Hearings
Debate between Cheryl Gillan and Lucy Frazer(5 years, 6 months ago)
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The Solicitor General
My hon. Friend makes an important point that I will come on to. It is absolutely right that counsel or solicitor must not mislead the court, as officers of the court with a primary duty to the court and not to their client, but the disclosure of evidence is a different obligation on the defence. There is no corresponding legal duty on the defence to disclose information that is harmful to its case, because that is consistent with the fundamental principle that it is for the prosecution to prove its case and not for a defendant to prove their innocence.
As my right hon. Friend the Member for Chesham and Amersham rightly identified, there is an important duty on counsel and barristers; they have a professional code of conduct that includes the requirement to act ethically and with integrity at all times. That includes a prohibition on knowingly or recklessly misleading anyone, including a court, and a positive duty to behave in a way that maintains public trust and confidence in the proper administration of justice. My right hon. Friend mentioned that her constituent may have details of other cases where a court has been misled; I strongly encourage her to share those details with the CPS and the professional bodies responsible for barristers and solicitors.
Dame Cheryl Gillan
I am grateful to the Minister for the way in which she is responding. She mentioned that it is important to maintain trust in the regulatory bodies. In the light of the circumstances of this case, does she agreed that trust has been shaken? I will provide her with those details once my constituent provides them, so she may pass them on to the relevant authorities or look at them herself, because it is from her office that I believe my constituent wishes to have a response.
The Solicitor General
I appreciate that my right hon. Friend’s constituent feels that trust in the criminal justice system has been shaken. That is of concern. I reiterate that as far as I am aware no misconduct has been found by the Bar Standards Board in relation to the case, but I would be very happy—as I am sure it would—to receive any further information that she can provide.
I would like to underline the additional safeguards that exist for defendants and victims when a stay application is brought. There are a number of rules and regulations that ensure that the hearing should be conducted with due notice and in the interests of justice. The Criminal Procedure Rules 2015 set out clearly the timetable that the defence and prosecution should adhere to when preparing for the hearing. For example, the defence application must be in writing and provided to the prosecution and court as soon as practicable after becoming aware of the grounds for applying. The application must include or identify all supporting material, specify all relevant events and identify any witnesses the defendant wishes to call in support of the application. The prosecution must do likewise within 14 days of receiving the application. Both parties must serve skeleton arguments on each other and the court in advance of the actual hearing, so that everyone knows the issues to be determined at the hearing.
Victim care is important in cases of sexual abuse. Mr Perry’s experience demonstrates why it is so important that we continue to make victim care a priority in our criminal justice system.
Dame Cheryl Gillan
I agree with the Minister that victims should have priority in our criminal justice system—that is most important. She mentioned at the beginning of her response that she is working on new guidelines that will come out shortly. Could she give us a greater indication of when we can expect those new guidelines? Would there be any possibility of looking at the draft guidelines before they are finalised and published?
The Solicitor General
A review of disclosure has already taken place. Further guidance will come out in due course. I am happy to update my right hon. Friend on any further details on that and will take on board any points that she might like to make.
We are not just focusing on disclosure, although that is very important. The CPS has almost doubled the number of specialist prosecutors in its dedicated rape and serious sexual offence units, and is working with the Ministry of Justice and the Home Office to revise the victims code, to improve the support and care offered to victims. It is important to remember that these issues do not just affect the Attorney General’s office but are cross-departmental, and we are working together with Departments on those. Debates on this area make an important contribution to the ongoing work to improve the experience of victims in the criminal justice system. I thank my right hon. Friend the Member for Chesham and Amersham and her constituent for raising important issues that affect our criminal justice system.
Question put and agreed to.
Oral Answers to Questions
Debate between Cheryl Gillan and Lucy Frazer(8 years ago)
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Lucy Frazer (South East Cambridgeshire) (Con)
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
Petitions
Debate between Cheryl Gillan and Lucy Frazer
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
I rise to present a petition on behalf of the residents of Chesham and Amersham against the existing school funding model in England. Of the 10 lowest-funded schools in the country, the seven lowest-funded are in Buckinghamshire, and the lowest-funded in the country is also in the county. The petition is in in the same vein as that of my hon. Friend the Member for Beverley and Holderness.
The Petition of the residents of Chesham and Amersham.
[P001613]
Lucy Frazer (South East Cambridgeshire) (Con)
I rise to present a petition on behalf of the residents of South East Cambridgeshire, which is written in terms similar to those of the petition presented by my hon. Friend the Member for Beverley and Holderness.
The Petition of the residents of South East Cambridgeshire.
[P001614]
School Funding Model
Debate between Cheryl Gillan and Lucy Frazer
Mrs Cheryl Gillan (Chesham and Amersham) (Con)
I rise to present a petition on behalf of the residents of Chesham and Amersham against the existing school funding model in England. Of the 10 lowest-funded schools in the country, the seven lowest-funded are in Buckinghamshire, and the lowest-funded in the country is also in the county. The petition is in in the same vein as that of my hon. Friend the Member for Beverley and Holderness.
The Petition of the residents of Chesham and Amersham.
[P001613]
Lucy Frazer (South East Cambridgeshire) (Con)
I rise to present a petition on behalf of the residents of South East Cambridgeshire, which is written in terms similar to those of the petition presented by my hon. Friend the Member for Beverley and Holderness.
The Petition of the residents of South East Cambridgeshire.
[P001614]