Oral Answers to Questions

Debate between David Mowat and Jeremy Wright

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.

Oral Answers to Questions

Debate between David Mowat and Jeremy Wright

Tuesday 18th November 2014 Commons Chamber

[The Attorney-General]

Let me be as brief as I can, Mr Speaker. I understand that the only way of prosecuting this man was via a court martial, because the offences took place before the law had changed to allow for the prosecution of this type of offence in a civilian court in this country. So if a British court was to take it, it had to be a military court. It was a good example of the effective prosecution of historical abuse claims.

[David Mowat (Warrington South) (Con)]

There have been several recent instances of victims of child abuse being subjected to intimidatory and vicious cross-examination by defence barristers, which will be a deterrent for those people coming forward in the future. Is there more we can do to raise standards in this regard?

[The Attorney-General]

Yes, I hope there is. First, I should say it is right that the defence case is put to prosecution witnesses and to complainants, and that will often be a difficult experience. However, aggressive cross-examination is not necessarily the same as effective cross-examination, and it is important that defence advocates as well as prosecution advocates understand that clearly. I know that the Lord Chancellor is interested in talking to the legal professions about the best way to ensure the necessary training is delivered, and, as I have said, as far as prosecutors are concerned that is already being done.

Oral Answers to Questions

Debate between David Mowat and Jeremy Wright

Tuesday 13th November 2012 Commons Chamber

[Jeremy Wright]

We are keen to see greater efficiencies throughout the criminal justice system, which will assist in addressing the problem my hon. Friend describes. The other issue, of course, is that those sentenced to very short terms—12 months or shorter—have very little assistance or intervention when their period of custodial imprisonment has ended. There is no period of licence, and we want to look at ways in which we can ensure that people in that group, who do offend at very high rates, receive the intervention they need to reduce their reoffending rates.

[David Mowat (Warrington South) (Con)]

17. Whether he has made a comparative assessment of the number of claims for compensation for whiplash injuries in courts in (a) the UK, (b) France and (c) Germany.