Oral Answers to Questions

David Mowat Excerpts

Thursday 2nd July 2015 Commons Chamber

[The Attorney General]

In welcoming the hon. and learned Gentleman to his place, I think he must win the prize for the most impressive declaration of interest so far this morning. He comes at the issue from a uniquely knowledgeable perspective and we are grateful to have him here.

Whether or not the rights of victims are expressed in legislation, there is no doubt that we have more to do to make sure that they are properly supported and informed about the processes of which they are a crucial part. The hon. and learned Gentleman did a huge amount of good work as the Director of Public Prosecutions to assist that process, and, as he knows, there is a good deal more to be done. One of the areas we must look at, straightforwardly, is the opportunity for prosecuting lawyers to speak to victims and witnesses before and after hearings to make sure that they are clear about what is going to happen and what has happened. I think that would be a huge step forward and we will undoubtedly wish to consult the hon. and learned Gentleman and others about what else can be done.

[David Mowat (Warrington South) (Con)]

11. I have no legal qualifications whatsoever.Two years ago, a 13-year-old girl was subjected to three weeks of intimidatory and vicious cross-examination by a team of seven barristers—a process that she described as worse than the initial crime. Will the Attorney General update the House on what he is doing to stop such incidents being repeated?

[The Attorney General]

On my hon. Friend’s declaration of interest, I would simply say that nobody is perfect.

My hon. Friend raises a very serious point. There is no doubt that there have been bad examples of cross-examination in criminal trials. Let us be clear: intimidatory cross-examination is never appropriate. Defence counsel is entitled to put its case to prosecution witnesses, but it should never do so in an intimidatory way. Judges should intervene if that happens, and they now have the power to set ground rules before cross-examination takes place, which is a step forward. As my hon. Friend will be aware, we are in the process of making another huge improvement, namely the piloting of pre-recorded cross-examination for young and vulnerable witnesses, which is much better for many of them. We shall look carefully at the results of those pilots, and if they are what we hope, I am sure that my right hon. Friend the Lord Chancellor will wish to introduce the process more widely.