Oral Answers to Questions

David Davis Excerpts

Thursday 20th May 2021 Commons Chamber

[The Attorney General]

I have actually discussed the issue of recorders very recently with the senior judiciary. The Ministry of Justice has recently arranged for an unlimited amount of sitting days—I think I am right in saying—so that the judiciary and the courts system can keep up with all the work that is going on. That is a very generous arrangement to allow the courts to make dramatic progress, and that includes recorders and the judiciary generally.

[Mr David Davis (Haltemprice and Howden) (Con)]

Although it is important that partner agencies in the criminal justice system do everything possible to eliminate the delays caused by covid-19, some of these problems stretch back much further than the start of the pandemic. In 2017 we reformed pre-charge bail to introduce time limits on how long suspects could be on bail before being charged. That came after the terrible treatment of some individuals, including Paul Gambaccini, who was held on bail for a year without being charged. Today, a number of people are still being bailed for a shocking length of time—years on end. I currently have a case where the National Crime Agency has kept an individual on bail for almost six years. That has ruined her life. The Government are now seeking to undo even the inadequate protections in the Police and Crime Act 2017 with the Police, Crime, Sentencing and Courts Bill. Will the Attorney General tell the House what the Government will do to protect against these injustices in coming legislation?

[The Attorney General]

I thank my right hon. Friend for the point he makes. He thinks of the defence position, and is right to do so, and I am very grateful to him for raising it. I recognise how distressing delays can be, both to defendants and, of course, to victims, but these have been unprecedented times.

On the case my right hon. Friend refers to, decisions on whether to impose or extend pre-charge bail are operational and are not therefore something that Ministers can interfere with, but he makes a powerful point. It is right that those decisions are independent of Government, and it is important to note that the length of pre-charge bail is separate from the length of the investigation. There may be particular circumstances that cause concomitant delays in individual cases that are outwith my immediate knowledge or ability to intervene, and nor would it be appropriate for me to do so, but I recognise the point he makes. If he wishes to write to me about that individual case, we can certainly forward it to the relevant authority.