Dominic Grieve
Main Page: Dominic Grieve (Independent - Beaconsfield)Department Debates - View all Dominic Grieve's debates with the Cabinet Office
(11 years, 5 months ago)
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The Attorney-General (Mr Dominic Grieve)
The Crown Prosecution Service has a good record of procuring and outsourcing services. The Department utilises pan-government contracts for goods and services and has extensive arrangements for outsourcing services including advocacy, information technology and facilities management. These arrangements save many millions of pounds a year, protecting front-line jobs and front-line service delivery.
Nick Smith
The Crown Prosecution Service has a pilot contract for interpreters at four witness care units, but it has been dogged by delay. What is going to happen now at witness care units across the country?
The Attorney-General
The use that the CPS makes of those services is actually fairly limited. The information that I have does not suggest that the difficulties experienced by the service more generally have caused the CPS a problem.
Stella Creasy (Walthamstow) (Lab/Co-op)
2. What recent assessment he has made of the reliability and punctuality of the Crown Prosecution Service in court proceedings.
Mr Marcus Jones (Nuneaton) (Con)
3. What assessment he has made of the level of public understanding of the legal framework applicable to the internet.
The Attorney-General (Mr Dominic Grieve)
Since taking office, I have brought a number of successful proceedings involving contempts committed online. The Crown Prosecution Service has also prosecuted numerous offenders who have used the internet to commit criminal offences, and recently issued new guidelines to prosecutors on the handling of cases involving social media. Many of those cases have been widely reported in both national and local media, and I trust that they have increased public awareness of the fact that misconduct online has consequences.
The Attorney-General
I trust that it has. If we wish to preserve trial by jury, it is extremely important that judges’ directions to juries not to conduct research are properly observed. If they are not, trial by jury will not survive. I have brought a number of cases against jury members; they have been reported, and I hope that as a result of my bringing them, I shall have to bring far fewer in future.
Kerry McCarthy (Bristol East) (Lab)
When the footballer Ched Evans was convicted of rape last year, his victim was named more than 6,000 times on Twitter. She has been forced to accept a new identity and relocation package. I understand that only a handful of people have ever been held to account for naming her, and that they have merely been ordered to pay compensation. Should we not send a much stronger signal to people who indulge in such behaviour?
The Attorney-General
The hon. Lady has raised two separate points The first relates to the way in which the CPS has gone about prosecuting these cases. It has obviously been selective. Cases have to be brought to its attention, and it seeks to deal with those cases, particularly cases involving those who have initiated such comments. I think that that must be the right way of going about things. As for the hon. Lady’s point about penalties, she must understand that they are not a matter for the CPS. If Parliament wishes to make the penalties more severe, that is a matter for legitimate debate in the House of Commons.
Dr Julian Huppert (Cambridge) (LD)
The Attorney-General referred to the new guidelines from the Director of Public Prosecutions on social media. They are very welcome, but does he agree that in some cases the law is not clear, and is being brought into disrepute? I am thinking of, for example, the Twitter joke trial under section 127 of the Communications Act 2003.
The Attorney-General
The principle of the Malicious Communications Act 1988 places a higher threshold on prosecution than an ordinary abusive comment, but it must be shown that, in the circumstances, the comment was grossly offensive. I hope that the guidelines issued by the CPS—I am grateful to my hon. Friend for his appreciation of what they have done—will provide a framework that shows clearly what is and what is not acceptable, but there are bound to be areas that present some difficulty. The basic rule must be that the fact that someone is operating on social media does not give that person immunity from the criminal law.
Mr Gregory Campbell (East Londonderry) (DUP)
As one who, some time ago, was the subject of a specific death threat on a social media site—which, thankfully, resulted in a successful prosecution—may I ask the Attorney-General to reassure the public that people’s perception of their own anonymity on a keyboard will be dispelled, and that those who break the law on line will be rigorously pursued?
The Attorney-General
I agree with the hon. Gentleman. I think that some individuals have come in for a rude surprise when they have been prosecuted despite having believed that they enjoyed anonymity. While of course there may be circumstances in which prosecutions cannot be brought—there can clearly be no prosecution when material is placed on the internet from abroad—I am generally satisfied, on the basis of what I have observed, that both the police and the CPS have responded proactively. They take offences of this kind seriously, and are keen to convey the message that this is not an area in which people can behave with impunity.
Diana Johnson (Kingston upon Hull North) (Lab)
What discussions has the Attorney-General had with the Department for Education about ensuring that young people fully understand the legal framework of the internet, and, more important, know how to keep themselves safe on the internet?
The Attorney-General
The hon. Lady raises an interesting and important point. We have had no formal discussions about that, but I know it has been discussed informally because I have done so myself. She might wish to ask the Secretary of State for Education that question, as the way in which young people can be brought up to understand their rights and responsibilities is an important part of the new curriculum.
Ian Mearns (Gateshead) (Lab)
5. Whether the Crown Prosecution Service is always informed when an undercover police officer has been involved in an investigation that leads to a prosecution.
The Attorney-General (Mr Dominic Grieve)
The CPS should always be informed. The CPS signed a memorandum of understanding in June 2012 with the Association of Chief Police Officers, the Serious Organised Crime Agency and Her Majesty’s Revenue and Customs, which ensures investigators and prosecutors work closely together when covert operations are embarked upon where there is clear potential for a prosecution.
Ian Mearns
The former police Minister said undercover police officers could have sex with suspects if abstaining would blow their cover. Does the Attorney-General agree with the Northumbria police and crime commissioner and former Solicitor-General, Vera Baird, that the sexual activities of some of these undercover officers when they enter into a relationship with protestors may fall within the definition of rape?
The Attorney-General
I think the hon. Gentleman is asking me for a legal opinion, which I do not think I am in a position to provide across the Floor of the House. That was the thrust of his question, but what I can say is that the CPS takes very seriously the fact that if there is covert police activity it must be informed about it, because it is highly relevant to the conduct of any prosecution.
Miss Anne McIntosh (Thirsk and Malton) (Con)
May I tempt my right hon. and learned Friend to state whether it will be appropriate for police officers in those circumstances to be prosecuted if they are deemed to have broken the law and overstepped the mark in their undercover operations?
The Attorney-General
Nobody is immune from the law, and if a police officer acting undercover breaks the criminal law of this country, they make themselves liable to prosecution.
Caroline Lucas (Brighton, Pavilion) (Green)
There seems to be complete chaos in understanding what the police are, and are not, allowed to do when undercover. Given that a number of legal cases have been dropped or put at risk because of the involvement of undercover police officers, is it not high time there was a proper judge-led public inquiry so we get to the bottom of this and make sure we know what the rules are in the future and what the judgments are for the past?
The Attorney-General
I certainly acknowledge that the hon. Lady is right, and the consequence of the Ratcliffe-on-Soar power station case was that a review was carried out by Sir Christopher Rose, and the CPS took the issues in that very seriously, but any question of a wider inquiry or review does not lie within the remit of my Department.
Grahame M. Morris (Easington) (Lab)
7. What recent discussions he has had with the Director of Public Prosecutions and the director of the Serious Fraud Office on the feasibility of introducing an offence of reckless management of a financial institution.
Julie Hilling (Bolton West) (Lab)
8. What recent representations he has received from the legal profession on the effect on the criminal justice system of the Government’s planned legal reforms.
The Attorney-General (Mr Dominic Grieve)
The Solicitor-General and I have attended meetings of and with the Bar Council and the Bar Standards Board at which the Government’s proposed legal aid reforms have been discussed. We have also seen responses to the Ministry of Justice’s consultation about these proposals from the Bar Council, the Law Society and others, and have corresponded with panel counsel about the proposal.
Julie Hilling
In 2004, the right hon. and learned Gentleman told the Law Society Gazette:
“There are ideas creeping into the system that treat legal aid as if it is just about the economic provision of a service. That approach will lead to problems with lowered standards.”
Now that his Government are slashing £220 million from the budget and making so many other changes, is he even more worried?
The Attorney-General
The key issues then were, as I dare say they are now, the maintenance of choice, achieving value for money and, above all, maintaining professional standards of representation in court. I note that the Lord Chancellor has already indicated that he is going to keep a choice of solicitors, and he is also keeping advocacy fees separate. Those things are in response to the current consultation, and I have no doubt that, building on that, there will be further possibilities to have a very important debate so that we can reach a conclusion where we have a viable system of criminal legal aid that can be maintained in the long term.
Nigel Mills (Amber Valley) (Con)
9. What recent assessment he has made of how effectively appeal cases have been handled by the Crown Prosecution Service.
Tim Loughton (East Worthing and Shoreham) (Con)
10. What special measures he is considering to help vulnerable minors give evidence in child sexual exploitation cases.
The Attorney-General (Mr Dominic Grieve)
The Government have announced that they will pilot the video pre-recording of the cross-examination of witnesses, as outlined in the Ministry of Justice’s “A Strategy and Action Plan to Reform the Criminal Justice System”, published on 28 June. The strategy and action plan includes other important measures, including reviewing how we might reduce the distress caused to some victims by cross-examination, particularly where multiple defence barristers are involved. On 11 June, the CPS published, for consultation, its new interim guidelines on prosecuting cases of child sex abuse, which set out a new approach, including challenging myths and stereotypes, if raised in court, about how the victim behaves.
Tim Loughton
I congratulate my right hon. and learned Friend and the Director of Public Prosecutions on the way in which they have enacted the child sexual exploitation action plan to make it more sympathetic and sensitive to witnesses who are often vulnerable and traumatised. Does he agree that one of the most intimidating processes is where multiple barristers act for gang members, as we have seen recently, re-traumatising very vulnerable victims by getting them to go through all their processes over and over again? Will he tell us specifically how he thinks we can still make sure that justice is done, both to the victim and to the defendant?
The Attorney-General
My hon. Friend raises an important issue, which is very much a matter of two things: professional standards on the part of the advocates; and proper case management by the judge. Judges need to be proactive in these cases. In addition, The Advocate’s Gateway, which has been introduced, makes clear the responsibilities that lie on counsel in approaching cases of this kind. I am confident that we will make a lot of progress in this area, and I think the rules will be progressively tightened to achieve the impact and result he desires.