Dominic Grieve
Main Page: Dominic Grieve (Independent - Beaconsfield)Department Debates - View all Dominic Grieve's debates with the Cabinet Office
(10 years, 4 months ago)
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Nick de Bois (Enfield North) (Con)
1. On how many occasions in the last 12 months he has referred a criminal sentence to the Court of Appeal for review because it was felt to be unduly lenient.
The Attorney-General (Mr Dominic Grieve)
From 31 December 2012 to 1 January 2014, the sentences of 67 offenders were referred as unduly lenient and have either been heard or are due to be heard by the Court of Appeal.
Nick de Bois
The will of Parliament was that the use of a knife in an aggravated fashion would carry a mandatory six-month jail sentence, but according to the latest statistics, the courts have imposed such a sentence in only half of all cases. Does the Attorney-General agree that perhaps these should be considered for appeal, and does he back Parliament’s will?
The Attorney-General
My hon. Friend may be aware that such cases are not currently referable. It is for Parliament to decide whether it wishes to extend and make referable those sentences. If Parliament’s will is that they should be, it is my job to consider that. It is worth bearing in mind that the principle enunciated originally was that only a small number of cases in specified and very serious offences would ever be referred. But there needs to be finality in sentencing and, of course, if many more cases are referred, that will place burdens both on the Court of Appeal in considering them and on my office in making the assessment of around 450 cases per annum.
Valerie Vaz
Thank you, Mr Speaker and happy new year. Does the Attorney-General agree that, at the end of the day, it is for the judges who hear the evidence in a case to decide what the sentence should be?
The Attorney-General
The hon. Lady is quite right. We must rely on judges’ judiciousness in deciding what sentences should be. Occasionally there will be examples that are unduly lenient and fall within the specified schedule where I can make a reference. The object of the reference is not only to correct the particular sentence that has been passed but to try to lay down a good precedent for the future. It is noteworthy that we have referred fewer cases overall in the last 12 months than the 12 months before. That may be an indication of the extent to which the Sentencing Council is working to ensure consistency.
Sir Paul Beresford (Mole Valley) (Con)
What proportion of the 67 cases were for child sex abuse or child sex pornography in some form or other? Is the Attorney-General prepared to review the sentencing of those sorts of cases in terms of the sentences that are available?
The Attorney-General
My hon. Friend can be reassured that most of those cases will be referable and, indeed, I have referred such cases to the Court of Appeal. I am afraid that I cannot give him the statistics at the Dispatch Box but I will write to him with the statistics for the last 12 months.
Keith Vaz
As the Attorney-General has said, there are a number of very serious cases that cannot be referred. He says that that is a matter for Parliament. But will he take the initiative and start a consultation, allowing Members to put forward their views as to which offences should be subject to these reviews?
The Attorney-General
As the right hon. Gentleman will be aware, other offences have been added to the specified offences. In August 2012, we added trafficking people for exploitation. In May 2006, various offences under the Sexual Offences Act 2003, to which we have just referred, were added. Of course that is possible but, as I said in my first answer, we need to balance the need for finality and the need not to end up with a system where the Court of Appeal becomes the sentencing court for almost all offences. But if the right hon. Gentleman has examples that he feels need to be considered, I strongly urge him to write either to me or to my right hon. Friend the Lord Chancellor and those can undoubtedly be considered.
Andy McDonald (Middlesbrough) (Lab)
8. What recent assessment he has made of the options available to victims of crime who wish to complain about the performance of public prosecutors.
The Attorney-General (Mr Dominic Grieve)
Since the Crown Prosecution Service launched its new victims’ right to review scheme on 5 June 2013, victims have the right to request a review of a CPS decision not to prosecute in qualifying cases. The CPS feedback and complaints policy has also been revised to reflect the appointment of the independent assessor of complaints for the CPS. The VRR scheme was the subject of a consultation, concluded on 5 September 2013, and the CPS is considering the responses to the consultation with a view as to how best to operate the VRR scheme in the future.
Julie Hilling
There have been 600 requests from victims of crime to review prosecutors’ decisions to drop their case since the victims’ right to review was introduced six months ago. Given that level of demand, will the Government consider looking at widening the right to review to include decisions to caution instead of charge and decisions to alter substantially the original charge?
The Attorney-General
It might be worth while seeing first how the current changes, which are significant, operate in practice. The hon. Lady referred to the figure, which is 662, of which the determination was that the original decision was incorrect in, I think, 18 cases. There have also been cases referred to the independent assessor, where six have been upheld and three partly upheld. I am utterly pragmatic about this; I wish to see victims’ rights at the heart of the criminal justice system, but there are significant changes and we need first to see how well the system is operating and, in particular, how it will operate once the CPS responds in February to its consultation.
Andy McDonald
The Crown Prosecution Service is prosecuting fewer and fewer cases each year, and has been referred fewer cases to charge by the police. This suggests that more cases are being dropped at a stage in the criminal justice system where no right to review exists. Is the Attorney-General concerned by that?
The Attorney-General
The hon. Gentleman may be right, but there may be other explanations, one of which is that the noticeable fall in crime is leading to fewer cases coming to the police in the first place. I am obviously not answerable for the actions of the police who, as the hon. Gentleman will be aware, are in fact independent in the way they operate. They can be subject to judicial review, but certainly not to ministerial command. If the hon. Gentleman or indeed any hon. Member has examples where they think that the police decision-making process is not working properly, I would be most grateful if they brought them to my attention or indeed to that of the Home Secretary.
Philip Davies (Shipley) (Con)
Many people, not just victims of crime, have concerns about the performance of public prosecutors in court. Will the Attorney-General set out what inspections are made of public prosecutors in court and how many unannounced visits are made in order to assess the performance of the CPS prosecutors?
The Attorney-General
The Crown prosecutors who appear in court as advocates are monitored. Indeed, it is a rather more rigorous monitoring process than the one available, for example, for the independent Bar that does their work. I would be happy to write to my hon. Friend with further details of how this monitoring is carried out. The previous Director of Public Prosecutions, Keir Starmer, made a very particular point in the first year that I was working with him in carrying out an extensive review of the performance of Crown prosecutors. This is monitored and it is also the subject of inspections by the Crown Prosecution Service inspectorate. There are published reports on the quality of the advocacy being delivered.
Mr David Burrowes (Enfield, Southgate) (Con)
Now that wasted cost orders are no longer available in legally aided cases awarded against the Crown, how can accountability be enforced against Crown prosecutors who have plainly not only wasted the court’s time, but let down the criminal justice system, which includes victims?
The Attorney-General
First, if there is adverse publicity in respect of prosecutors not doing their jobs properly, that is a matter of very serious concern to me and should and would be a matter of serious concern to the Director of Public Prosecutions. That provides some sanction in itself, quite apart from the fact that I have to answer for the work of the Crown prosecutors once a month in this House.
Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
The day after we saw barristers and solicitors withdrawing their labour in the teeth of the cuts to legal aid, what is the Attorney-General doing to try to improve the efficiency of the Crown Prosecution Service? When I was a witness just over a year ago, I saw at first hand the inefficiencies and time wasted—for victims, witnesses and prosecutors—in the system. With these stringent cuts, that should surely be an area in which to look for efficiencies.
The Attorney-General
The hon. Lady will be aware that we are seeking to introduce many efficiencies into the system, including digital working, early guilty plea systems and better warning of witnesses. Some of those are in the hands of the Crown Prosecution Service, but others, as she will appreciate, are not. They lie with my right hon. Friend the Lord Chancellor and the Court Service. There is a great drive for efficiency: efficiency delivers savings and in a time of austerity, there is no doubt that improving the efficiency of the Court Service and of the throughput of the criminal justice system is one of the highest priorities—both for me and, I know, for the Director of Public Prosecutions.
Dr Julian Lewis (New Forest East) (Con)
Can anything be done to rectify a perceived imbalance in criminal cases where the person on trial has direct access to the barrister who is representing him while the victim, as a witness, has no direct access to the prosecutor? Victims sometimes feel that their case is not as fully understood by the prosecutor as it should be. Can anything be done about that?
The Attorney-General
There are limits to what is feasible, although it is also right to say to my hon. Friend that the previous practice, whereby the prosecuting counsel could have no contact whatever with the witness, is now at an end. There is now an opportunity for an introduction and an explanation of how the court process is likely to develop, which I think is a great improvement. That said, there should be no suggestion that a witness is being coached, which my hon. Friend will appreciate could undermine a prosecution case. Those two things have to be balanced. A point that was always made to me when I prosecuted was the absolute necessity of informing witnesses, introducing oneself to them and keeping them informed within the bounds of propriety and the court process about what is actually going on, including talking to witnesses who turn up to find that they are not needed because the defendant has pleaded guilty. It is important to explain that to them.
Julie Elliott (Sunderland Central) (Lab)
4. If he will take steps to ensure that the causes of the recent decline in prosecutions for rape, child abuse and domestic violence are investigated.
Robert Flello (Stoke-on-Trent South) (Lab)
6. What steps he is taking to promote awareness of the laws on contempt of court among users of social media.
The Attorney-General (Mr Dominic Grieve)
The media and those who publish information on social media sites should always be alert to the requirements of the Contempt of Court Act 1981. In December I announced that in future, if appropriate to do so, advisory notices that I issue for specific cases will be published on the Government UK website and my office’s Twitter feed as well as being issued to mainstream media. These advisories will not take the form of general guidance, but there will also continue to be some information on contempt available on our gov.uk website and this has been updated today. Providing advisory notices to the wider public on a case-by-case basis will, I hope, ensure greater awareness of the law of contempt and its applicability to both the mainstream media and users of social media and help prevent people from inadvertently committing a contempt of court.
Robert Flello
I am grateful to the Attorney-General for that response. Do the Government plan to follow the Law Commission’s recent recommendations on contempt of court, which include the introduction of a new statutory offence for jurors who google extraneous information relating to their case?
The Attorney-General
I have read the Law Commission’s report and proposals with great interest, and I am taking them very seriously. They are an extremely important contribution to how we might be able to improve matters.