Edward Argar
Main Page: Edward Argar (Conservative - Melton and Syston)Department Debates - View all Edward Argar's debates with the Ministry of Justice
(11 months, 2 weeks ago)
Commons ChamberThe crimes associated with VAWG are abhorrent, which is why we have already taken significant action to strengthen the criminal justice system’s response to it, including for example through our end-to-end rape review, driving up prosecutions, and the introduction of new protections for victims through the landmark Domestic Abuse Act 2021. Much has been done, but we are ambitious in wanting to go further.
I understand what the Minister is saying, but it takes two years or more for rape cases to come to court, and 69% of victims withdraw from the cases before they come to trial. Has the Minister had the chance to look at our proposal for specialist rape courts in every Crown court in the country?
I crave your indulgence, Mr Speaker. May I take this opportunity to pay tribute to the hon. Member for Cardiff North (Anna McMorrin), who shadowed me for some time, and to the hon. Member for Lewisham West and Penge (Ellie Reeves), who also did so? I wish them both well, although given the latter’s election co-ordination role, hopefully not too well.
It remains our priority to deliver swifter access to justice for victims of rape. As the hon. Gentleman says, the experience of attending court is incredibly difficult for them. That is why we have committed to increasing the number of independent sexual violence advisers and independent domestic violence advisers to more than 1,000 over the next three years. In June 2022, we announced our ambitious specialist sexual violence support project in three Crown courts, aimed at improving facilities and technology.
On the hon. Gentleman’s specific question, I would urge a degree of caution on those proposals. Listing is a judicial prerogative, and it is important we retain flexibility in the use of the court estate to maximise the use of courts and judges’ time for a range of offences and to meet the needs of the courts.
The independent inquiry into child sexual abuse recognised the issues with the criminal justice system and said:
“The length of time taken to investigate and prosecute child sexual abuse cases was…a matter of significant concern. Delay within the criminal justice system can add to the harm caused by sexual abuse”.
The experience of a constituent I am helping suggests that is still the case. What mandatory training for court, judicial and other criminal justice is available to ensure that they appropriately support people who have been subject to this abuse?
It is nice to see the hon. Lady in her place and it is always a pleasure to answer questions from her. She highlights an important issue raised by IICSA and historic and current child sexual abuse. It is worth remembering that the investigation of such crimes can be lengthy because of the complexities of the crimes and of obtaining evidence. While training for the judiciary and courts is a matter for the judiciary and the Judicial College rather than for the Government, we have been investing in training, as have police forces, across a range of specialisms, including handling child sexual abuse cases. It is important that they are handled with sensitivity and with an understanding of the impact that the trauma has had on those who are victims, and indeed also those who are witnesses. She touched on a specific case and I am happy to engage with her outwith the Chamber if that would be helpful.
According to the latest research, rape charges are taking longer to be brought forward; the average time a victim has to wait for their attacker to be charged—just charged—is now 400 days, over a year. That is disgraceful, and the situation is getting worse. When will Ministers speed up the process and give women, girls and all victims of rape across England and Wales the justice they deserve?
The hon. Lady is right to highlight the importance of timeliness. One of the key aims of Operation Soteria—the new model for investigating rape and serious sexual offences that is being rolled out to all police forces in the coming months—is to improve timeliness. Investigations in this space are, of necessity, often complex and can take a long time. The number of rape convictions is at or around the level it was in 2010. Now, the number of cases passed by the police to the Crown Prosecution Service for charge is up 130%. The number of cases charged is up more than 90%, and the number of cases received in the Crown court is up by more than 120%. Much has been achieved, but she is right to highlight that there is always more that we can and should do in this important space.
To tackle violence against women and girls, we need a criminal justice system that works. Part of that is having laws that are up to date to deal with the issues that women face today. I had the pleasure of working with my right hon. Friend the Minister on amendments to the Online Safety Bill that will make it a criminal offence to post intimate images online without consent, but he, I and others know that there are still gaps in the law when it comes to the making of those images. Will he give us an indication of when the Government intend to bring forward further legislation, not only to deal with that, but to keep online safety under constant review?
It has been a pleasure to work with my right hon. Friend on those amendments to the Online Safety Bill, which returns to the Commons today. She is right to highlight the rapidly changing environment that we are legislating for and the need therefore to keep things under constant review. Although she tempts me, I shall resist the temptation to speculate on a forthcoming King’s Speech or any future legislative announcements. What I will say, which I hope will give her some reassurance, is that we have been clear that, as soon as legislative time can be found, the Government are committed to implementing the full package of measures in the Law Commission report.
It is right that those convicted of a crime face up to its consequences by being in court when they are sentenced. On 30 August, the Lord Chancellor announced his intention to legislate as soon as parliamentary time allows to enable judges to order an offender to attend court for sentencing, making it clear in legislation that reasonable force can be used to compel attendance and that refusal to comply with a judge’s order will cause the offender to face up to two years in custody.
In 2014, Colin Ash-Smith was convicted of murdering 16-year-old Claire Tiltman in my constituency of Dartford. His final insult to her was to refuse to attend the sentencing hearing, so I welcome the proposed changes to compel defendants to face up to the consequences of their actions. However, can the Minister confirm that there will be an opportunity for judges to hear representations from the prosecution, defence, and security staff before such action is taken?
I am grateful to my hon. Friend, and I hope he will allow me this opportunity to express my sympathy to the friends and family of Claire Tiltman, who lived in his constituency and, in 1993, was tragically murdered. I was glad to see her murderer brought to justice after so many years. Colin Ash-Smith, like Lucy Letby, was cowardly for not attending the sentencing hearing to face up to his appalling crime. Each case is different, so it is important that the court and the judge have discretion in how to make an attendance order, and in reaching that decision—although we are working through the details—we would expect the courts to consider the full circumstances of each individual case, including any representations made by the prosecution or the defence in that context.
If we want offenders to attend their sentencing, it does rather help if the court is open. Harrow Crown court was closed two and a half weeks ago because of the discovery of crumbling concrete—RAAC—with no indication as yet of any timescale for it to be reopened. Its closure will inevitably exacerbate the backlog of criminal cases in the London area and prevent victims of crime from seeing justice. Could the Minister provide quickly an update on the progress at getting Harrow Crown court modernised, fully repaired and open again?
I am grateful to the hon. Gentleman, particularly for the dexterity with which he got Harrow Crown court in. He is right to highlight that case. I understand that remedial work is under way and that cases listed there have been transferred to other London courts to ensure they still continue to be heard. I understand from the Under-Secretary of State for Justice, my hon. Friend the Member for Finchley and Golders Green (Mike Freer), that the indicative timescale to complete the works is six to nine months.
I welcome the shadow Minister, Kevin Brennan. It will be quieter on the Back Benches but no doubt he will make up for it on the Front Bench.
Thank you, Mr Speaker. I suspect the Minister might anticipate what I am going to ask him because I am beginning to think the Department should be renamed the Department for Justice Delayed. Labour proposed that we change the law on attending sentencing back in 2022, and just last month the Leader of the Opposition said that we were prepared to amend the relevant legislation if there was no action, so why is it taking so long for the Government to intervene on behalf of victims and their families?
I am grateful to the hon. Gentleman and may I take the opportunity to welcome him to his place? I suspect there will occasionally be to-and-fros across this Chamber, but I hope there will also be opportunities, where we are in agreement, to work constructively together. We have been clear on our intention to bring forward appropriate legislation to reinforce the existing powers the judiciary has in this respect, but it is important that we get this right and that it builds in that degree of judicial discretion, because there may be some circumstances where victims would not wish to see the offender in court for sentencing because it would be deeply distressing or deeply disruptive. So it is important that we get this right. We are determined to do that, but we will work through the detail to make sure it is robust and effective.
I am grateful to my right hon. Friend, who I know takes a keen interest in this issue. The safety of our roads is a key objective for the Government, and protecting all road users is a priority. Like all road users, cyclists have a duty to behave in a safe and responsible manner. While laws are in place for cyclists, they are old and it can be difficult to successfully prosecute offences. That is why Department for Transport colleagues are considering bringing forward legislation to introduce new offences concerning dangerous cycling to tackle those rare instances where victims have been killed or seriously injured by irresponsible cycling behaviour.
My hon. Friend is right to highlight the issue of traffic offences. As part of the Police, Crime, Sentencing and Courts Act 2022, there was an increase in the minimum disqualification periods for the serious offence of causing death by careless driving when under the influence of drink or drugs from two years to five years, and an increase from three to six years if there is a repeat offence within three years. The Department for Transport is also currently considering a broader call for evidence on motoring offences. I hope that the very recent report from the all-party parliamentary group for cycling and walking will be useful to it in that respect. I will ensure that colleagues at the DFT are aware of her interest in this issue.
I am grateful to my right hon. Friend, who throughout her time in the House, and particularly while Home Secretary, has always taken a keen interest in supporting victims of crime. It is vital that victims get the compensation they are entitled to, be that from the offender or the criminal injuries compensation scheme, which paid out more than £173 million in 2022-23. The making of a compensation order is a matter for the court, and there is no limit on the amount that a court can order an offender to pay.
In respect of the criminal injuries compensation scheme, His Majesty’s Government are consulting on changes following the report of the independent inquiry into child sexual abuse alongside previous consultations. It is important that that can be considered fully, but that will be post-passage of the Victims and Prisoners Bill.
My hon. Friend is right to highlight the scourge of knife crime and the need for tough sentences. Although sentencing in an individual case is a matter for our independent judiciary, which is able to consider the specific circumstances of individual cases, in legislating on this issue Parliament was clear about its seriousness. That is reflected in average sentences for all types of knife crime, which are up from 6.5 months in 2010 to 8.1 months in 2020. In addition, 87% of those committing repeat offences were given a custodial sentence, including suspended sentences, which are a custodial sentence.
I have a number of constituents whose asylum appeals were allowed by courts and tribunals service, but have now been thrust into limbo while the case goes back to the Home Office for approval. What conversations have Ministers had with their Home Office colleagues on clearing the backlog that is preventing my constituents from getting on with their lives?
I have written to the Secretary of State about the tragic case of my young constituent Gregg McGuire. He has agreed to meet with me and I am very grateful. Does his Department have any plans to reassess the current rules which mean that victims’ families are unable to appeal sentences for those convicted of causing death by careless driving?
I am grateful to the hon. Lady. I know she is meeting the Secretary of State to discuss this matter and I do not want to pre-empt that meeting. If she wishes, I am very happy to join that meeting with her, or even to meet her separately to talk about this issue if she feels that would be helpful.
Mr Speaker, you will not believe this, but it is almost six months since I finally secured a meeting with the Justice Minister and the Health Minister, after six cancellations, about what happened to section 4 of my Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019, which empowers coroners to investigate stillbirths. I was assured that the law, passed by this House in February 2019 and with a consultation that closed in June 2019, would be published imminently and progress would be made, but nothing has happened. Is it ever going to happen?
The reputation of our justice system depends on the independence, integrity and professionalism of our judges. At the end of this month, the right hon. Lord Burnett of Maldon will retire as Lord Chief Justice, to be succeeded by Dame Susan Carr, who will be the first ever female Lord Chief Justice. Will the Minister place on the record in this House his appreciation, and all our appreciation, of Lord Burnett for the exceptional leadership he has shown to the judiciary throughout his term in office?
I am grateful to my hon. Friend. I know the Lord Chief Justice and I am very happy, on behalf of His Majesty’s Government and all those on the Government Front Bench, to do exactly as my hon. Friend says: to pay tribute to Lord Burnett’s exemplary period as Lord Chief Justice.
I would like to pay tribute to the campaigners who challenged joint enterprise. As a result, the Crown Prosecution Service has now committed to monitor who is prosecuted. I welcome the report at the end of this month, but will the Minister commit to an audit of all joint enterprise convictions, particularly as more black people are disproportionately impacted?