Rape Trials: Treatment of Victims

John Howell Excerpts

Wednesday 15th May 2019 Westminster Hall

[Robert Halfon (Harlow) (Con)]

I beg to move,

That this House has considered rape trials and CPS treatment of victims.

It is a pleasure to serve under you today, Mr Bailey. I was recently privileged to meet an extraordinary and courageous young woman from my constituency at my weekly MP’s surgery. She told me that in May last year a man had attempted to rape her on her way home from a night spent with friends. Physically hurt and emotionally distraught, she made the brave decision to go to the police and seek justice for herself and our community. I was saddened to learn that at the most vulnerable time in her life, when she was most in need of human care and protection, she had been left feeling let down by our justice system.

Time and again, this lady has repeated that although she cannot change what has happened to her, she can try to change what happens to others. As her Member of Parliament, I feel it is only right to speak on behalf of my constituent, who is a voice for many other survivors of rape, attempted rape and sexual assault, to draw attention to the need for urgent Government reform.

[John Howell (Henley) (Con)]

I hear what my right hon. Friend says, and I wonder whether he will take back to his constituent the heartfelt feelings of the House for the ordeal that she went through—please convey our best wishes to her. This is not something new or limited to this incident: there are plenty of examples of how the Crown Prosecution Service has not handled this sort of thing very well. I applaud him for what he is trying to do with this debate.

[Robert Halfon]

I thank my hon. Friend for coming today. He will find out that we are trying to do exactly what he said. My constituent is in the Public Gallery—not because she can change what has happened to her, but because we can try to change things for the future.

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[The Solicitor General (Lucy Frazer)]

It is a pleasure to serve under your chairmanship, Mr Bailey. I thank my right hon. Friend the Member for Harlow (Robert Halfon) for raising this very important issue. I acknowledge his constituent’s terrible ordeal, and I am truly sorry that she feels let down by our justice system. Rape, attempted rape and other serious sexual offences are devastating crimes. I cannot begin to imagine what his constituent has been through. I commend her for her courage in speaking out, reporting the crime, raising her experience with her MP, and continuing to draw attention to the ways in which we can improve the system. I commend her for that, because it is only through reporting crimes that people are brought to justice, and other women who could be victims are saved a terrible ordeal. I thank her for going through the process, which I understand has been extremely difficult.

[John Howell]

Does the Minister think there is an opportunity to refer this matter to the Victims’ Commissioner? We have just appointed a new Victims’ Commissioner, Vera Baird, and I wonder whether it would be useful to report this. She is responsible for ensuring equal performance across the whole gamut of the justice system.

[The Solicitor General]

I have already had the honour of liaising with Vera Baird, and I very much look forward to discussing this issue with her. The issue of consistency across police forces and the CPS, and within local authorities that deal with rape victims, is very important. We will be discussing these issues, and I am sure she will have considerable insight into them.

I thank my right hon. Friend the Member for Harlow for raising this issue. I am very pleased to see the right hon. and learned Member for Camberwell and Peckham (Ms Harman) in the Chamber. I look forward to hearing about her expertise in this very important area.

My right hon. Friend the Member for Harlow said that it is important that we treat victims sensitively and with respect. I agree. I am pleased to have the opportunity today, in my first debate in my new role, to discuss how we can improve the system and what we are already doing. My right hon. Friend went through many issues thoroughly, and I want to respond to them. He said that the sentences for rape and attempted rape start similarly. Rape carries a maximum penalty of life imprisonment, and he is right that attempted rape has the same maximum penalty. A judge will have regard to the sentencing guidelines for the substantive offence, but he then selects a starting point based on harm and culpability as if he were sentencing for the full offence. He will then reduce the starting point at the lower end of the category range to reflect the fact that it was an attempted rape, not a rape. The amount of the reduction will depend on how close the offence was to being completed, and a judgment will be made on a case-by-case basis.

I realise that victims of rape and attempted rape will be extremely traumatised, but they should know that, regardless of the sentence imposed by the court, anyone convicted or cautioned for a relevant sexual offence is automatically made subject to notification requirements—in other words, they are placed on the sex offenders register. The court can also make a sexual harm prevention order on anyone convicted or cautioned for a relevant sexual offence, which can prohibit the individual from doing anything described within it, as long as the court has determined it to be proportionate and necessary.

My right hon. Friend also mentioned the lack of clarity in the statistics. He is absolutely right to highlight the importance of data. I assure him that the Ministry of Justice is conscious of the importance of data and transparency. During my time there, we worked with the media to improve public transparency. When we build a common platform for taking cases in the criminal justice process through a digital system, we will use it to improve the collection of data, which can then be shared. My right hon. Friend makes an important point about the distinction between the statistics collected on rape and attempted rape. I will pass that on to the Ministry of Justice so it can address the collection of its data as the common platform develops. With better data, we can have better scrutiny.

My right hon. Friend mentioned the treatment of victims and how they feel treated. He is right to say that the figures for reporting and for convictions could be better. That is not a new issue, as my hon. Friend the Member for Henley rightly pointed out, but we have some positive news. According to the most recent figures in the year ending June 2018, there was an 18% increase in reporting of sexual offences. The CPS has also doubled the number of specialist prosecutors in its dedicated rape and serious sexual offences units.

We need to improve the care of those brave enough to come forward. The CPS is working with the Ministry of Justice and the Home Office to revise the victims’ code, to improve the support and care offered to victims. As the hon. Member for Strangford (Jim Shannon) mentioned, cross-Department and cross-agency work is important. The CPS is also working with the police to ensure that we improve the process of the criminal justice system.

My right hon. Friend the Member for Harlow mentioned mental health, which is very important. I cannot begin to imagine the consequences of such an ordeal for someone’s mental health. We are launching a new toolkit for therapists and prosecutors on the support that an individual who suffers from a mental health condition will require.

My right hon. Friend mentioned his constituents’ use of a screen, which is an important part of the special provisions in court. We are trying to improve access to special measures, and the Ministry of Justice has committed to recording and monitoring applications for special measures, to ensure that everyone who is entitled to them can access them.

My right hon. Friend mentioned the role of sexual assault referral centres, or SARCs, and the significant funds invested in them. NHS England investment in SARC services increased from £8 million in 2013 to £31 million in 2018-19. As he mentioned, that funding has risen this year and will rise further next year. He is right, however, to say that, as with all public services, funding alone is not sufficient; it needs to be well spent. I say to him that, locally, police and NHS England commissioners have meetings with providers to review their performance. Nationally, NHS England undertakes internal assurance to look at cost, performance and quality, as well as areas of emergent risk.

I am deeply sorry that my right hon. Friend’s constituent had to wait a long time in a SARC. I understand that long waits in SARCs are unusual, as a referral is usually immediate for adults, and an out-of-hours policy states that a SARC can be opened for a referral, which can take up to two hours. I am sorry about her experience. The police, police and crime commissioners and the NHS should all hold SARCs to account. The Care Quality Commission has also started to inspect SARCs and publish the findings on its website. It is extremely important that we ensure that SARCs, which receive public funding, work well.

My right hon. Friend mentioned delays and the time that it takes not only for a case to come to court, but to go through court. It is true that sexual offence cases take longer to go through the criminal justice system than other cases. That is because sexual offences, especially rape, are some of the most challenging and complex cases with which the CPS deals. Yesterday, I met the Director of Public Prosecutions and I raised the issue of delays when such cases go through the system. He made the same point that I have about the difficulty in evidencing those types of cases. He stressed the importance of ensuring that when such traumatic cases are reported, sufficient work is done to ensure a fair trial and that, at the end of the day, if the perpetrator is guilty, he or she is brought to justice.

Unfortunately, successful prosecutions take time. We want to speed up the court process and ensure that cases are heard effectively. I know, through my time at the MOJ, that in both Crown court and magistrates court we are trying to reform the process to ensure that cases are heard more efficiently, through transforming summary justice and better case management systems in both jurisdictions.

This is a terribly important area because people who suffer from serious violent sexual offences—or attempted serious violent sexual offences—may deal with the consequences for life, as we heard from my right hon. Friend. It is therefore important that, as a Government, we continue to look at how we can improve the criminal justice system when dealing with such offences.

Public Legal Education

John Howell Excerpts

Tuesday 15th May 2018 Westminster Hall

[Mr Ranil Jayawardena (North East Hampshire) (Con)]

I beg to move,

That this House has considered public legal education.

It is a pleasure to serve under your chairmanship, Mr Pritchard.

I rise today to open the debate on public legal education with the aim of highlighting its importance and supporting its expansion, so that it reaches as many communities across the country as possible. It is great to see the Solicitor General in his place today, knowing how passionate he is about this cause. His enthusiasm and support are especially vital, since successfully reaching as many communities as possible will take a lot of engagement on his part with the voluntary sector and the legal professions, which must themselves drive PLE. Before I get into the substance of the debate, I place on the record my thanks to voluntary organisations such as Young Citizens—formally the Citizenship Foundation—and the Legal Education Foundation, and, of course, to the House of Commons Library for the briefings with which they provided me ahead of this debate.

I believe we should start from first principles, for Her Majesty’s Government’s first duty, above all else, is to keep its citizens and our country safe from harm—safe from those who wish to do us harm, both within and outwith. To that end, just as in Burke’s unwritten social contract between the living, those who have been and those who are yet to come, the Government form an unwritten contract with the population as a whole. In that contract, in exchange for their security and safety, the public agree to follow the rule of law.

The rule of law is one of those four fundamentals, alongside democracy, individual liberty, and mutual respect and tolerance of those of all faiths or none, that are so crucial and central to our lives. It is described by the World Justice Project as,

“clear, publicised, stable and just”

laws that,

“are applied evenly; and protect fundamental rights, including the security of persons and property”.

An important part of that is the word “publicised”; not only must the great British public respect the law, but they must know it and they must understand it. They must understand their rights and, crucially, their responsibilities.

[John Howell (Henley) (Con)]

My hon. Friend makes a powerful point. Does he agree that it is not just those rights that we need to educate people about? The courts are changing. We have online courts and we have online divorces, because of changes that are occurring in the Ministry of Justice. All of that plays to the strengths of young people. I wonder whether we ought to teach them how to access that justice, as well as what that justice is.

[Mr Jayawardena]

My hon. Friend makes an important point on how the justice system continues to evolve and how young people must be taught about all facets of the legal system, some of which I will deal with later. Indeed, in today’s increasingly complex society it is more vital than ever to equip as many people as possible—young and old—with at least some basic knowledge about our legal system and their legal responsibilities as well as their rights.

Unduly Lenient Sentences

John Howell Excerpts

Wednesday 6th December 2017 Westminster Hall

[Sir Mike Penning]

Absolutely. Colleagues across the House will bring up such anomalies during this debate. I am enormously proud of the very few drug-related driving offences that were prosecuted—I had the honour of being the Transport Minister when we introduced the drugalyser at the roadside—as well as of the first prosecutions that took place, although that took nearly four years and I was in the Ministry of Justice by then. But the sentencing also needs to be a deterrent. People need to realise that when they commit certain offences, the penalty will fit the crime. If people go before magistrates courts—I think this is what my hon. Friend was talking about—knowing that they will get only six months, they will not opt for trial by jury or to go up through the system to be tried before a judge in the Crown Court. I agree—though this is not something I will concentrate on today—that we need a much wider debate on the types of sentencing to which I am referring.

Before I became a Minister, I did try—I appealed against the leniency of sentences, particularly those to do with paedophiles. I had real concern about some of the sentences for paedophiles who not only did not plead guilty, but did not think that they had done anything wrong, and I have always had concerns about racially aggravated offences. I think such offences are an abhorrence to our society.

I appealed successfully. One of my constituents was murdered by a man called McLoughlin, who was out of prison on day release. He attacked my constituent’s neighbour and my constituent did what I hope I would do, which was defend their neighbour, but they were murdered. McLoughlin was found guilty in the courts and given a sentence of something like 20 years—don’t quote me on that. We all knew what would happen—it would be three years or something. Nor was that the first offence, because he had murdered before. I appealed to the then Labour Attorney General that the sentence was unduly lenient. He should have got a much more severe sentence, or at the very least an indeterminate one.

In court the judge had said, “I cannot give an indeterminate sentence, because the European courts will strike it down.” That was like a red rag to a bull. The sentence a judge in our courts gives has nothing to do with a European court. We subsequently won the appeal—the Attorney General agreed with me, as did, eventually, the Court of Appeal. McLoughlin was eventually given the right sentence, which was an indeterminate one. Hopefully, he will spend the rest of his life in prison. That will never bring back my constituents’ husband and father, but the original sentence was wrong.

When I got into being a Minister, in particular for policing in the Ministry of Justice, I kept asking: why are we not addressing those anomalies in the law? It is fundamentally unfair that victims do not have the same rights as the perpetrators. The Ministry of Justice is not represented in the Chamber today, but I know that the briefing would be that the cost implications of having more people in our prisons are disproportionate.

I am afraid that that is tosh. I have seen no physical evidence for that—not in the whole two and a half years I was in the Department, and I asked for it several times. The Attorney General and I debated it around the ministerial table and with the Prime Minister, who was then the Home Secretary. We never got to the bottom of the great opposition in the Ministry of Justice to more people going to appeal. In actual fact, from the other end of the telescope it looks like fewer people go to appeal because they do not all opt to go to the Crown Court, opting instead for their defence to be heard by their peers in a magistrates court. There is no evidence and we do not know exactly what is going on.

[John Howell (Henley) (Con)]

Surely one solution is to ensure that the sentencing is correct at the beginning. The Select Committee on Justice is a statutory consultee of the Sentencing Council. It has to give opinions on the sentencing proposed in the council. Does my right hon. Friend agree that the Committee should take a much tougher line?

[Sir Mike Penning]

My hon. Friend is a member of that Committee and it should take a much tougher line and a much closer look at the issue of fairness or unfairness. I may be wrong—I may be banging my head against a brick wall. Perhaps victims do not want their voices heard. Perhaps they do not want to feel that they are equal in the courts.

In the past few weeks I have taken up the biggest anomaly, which really upsets me. I appealed recently against the sentences given to a group of gentlemen—I use that word advisedly—who were involved in the sex gangs in Newcastle. I can say that because they have been convicted. When I saw the sentence, I was very surprised that the judge had not taken into consideration that the crimes were obviously racially motivated. All the girls but one, I think, were white, and nearly all the perpetrators were of Asian extraction. That is not casting aspersions on the whole community; they are simply the facts.

I wrote to the Attorney General, to ask whether he would kindly look into this, whether he agreed that the sentences were unduly lenient and, if so, whether he could refer the issue to the appeal court. To my astonishment, a very polite letter came back from the Attorney General that said, “I’m really sorry; I cannot look into this, because you are outside the 28-day limit. You have to appeal within 28 days to the Attorney General.” I said, “It was only in the papers the day before yesterday”. “Ah”, said the Attorney General, because the judge had put a restriction on reporting the sentencing. The sentence had actually taken place about two and half months beforehand. The victims did not know that and neither did we. No one knew, so it was not possible to appeal against the leniency.

From conversations that I have had with the Solicitor General, I know that he will come up with some ideas. The situation, however, is an insult to those victims whom we are supposed to represent, not just here but in our courts, so that justice is seen to be done. I ask the Solicitor General: is there an answer? A pretty simple answer would be that, if the judge puts a restriction on court reporting, the Attorney General should be informed of the sentence and be able to look into it. Even though that is a step in the right direction, the problem is that the victims do not know, so their legal representatives are not able to appeal on their behalf, and neither are we. We need to do something about that. I have previously discussed with the Attorney General the issue of how to get justice for victims and I got quite an interesting response. It was very different from that which I received form the Ministry of Justice. The simplest way for victims to get justice would be to make it possible to appeal against unduly lenient sentences in the Crown court. That option is available to the perpetrators—those found guilty of a crime have those rights—so why is it not available for victims?

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[John Howell (Henley) (Con)]

It is a pleasure to serve under your chairmanship, Mr Davies. I congratulate my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning), who hit the nail on the head in securing this timely debate. Under-sentencing has a number of effects—it causes outrage for the victim, it demoralises the police and it may cause public danger, but more important than all those things, it hinders the development of a rational sentencing procedure in the courts. It is important to bear that in mind.

We heard from my right hon. Friend that the subjects covered by the unduly lenient sentences scheme were extended in August to include terrorist activities, so it is open for them to be further extended in the way that he suggests. I presume that the Solicitor General has some sympathy with that view. I know that he is working hard to try to bring charges against people who have received unduly lenient sentences, and he has had some success with that in the courts.

Let me return to the point that I made in an intervention on my right hon. Friend. The Justice Committee is a statutory consultee of the Sentencing Council, which produces guidelines for judges about what sentences should be applied in individual cases and how they should be applied. I understand, having reviewed some of those things, that this is difficult because the issues are complex and challenging. For example, the Select Committee looked at intimidatory offences and domestic abuse, which would be ideal for inclusion in the scheme, but our efforts to give concrete examples were bedevilled by the complexity of the issues involved.

However, we should put more emphasis on this issue. We ought to give a firm steer to the Justice Committee that it can take as hard a line as it likes and give a good, rational steer in this area. One of the things I was most taken aback by when looking at domestic abuse cases was the mitigating factors that were brought in, which included good character, provocation, self-referral for treatment and so on. They have their place, of course, but there seemed to be too strong an emphasis on them rather than on getting sentencing right in the first place. Unless we get sentencing right, we will blunt the deterrent effect of the criminal law. That would be a disaster for us and a disaster for the judicial system.

Oral Answers to Questions

John Howell Excerpts

Thursday 15th October 2015 Commons Chamber

[The Solicitor General]

I can reassure the hon. Gentleman. As I have said many times before, when it comes to the protection of vulnerable witnesses and complainants in criminal cases, the CPS is always working to improve its processes so that the experience can be as smooth as possible. What we do not want is a repeat, in effect, of the abuse that those people originally suffered when they come to court and give evidence.

[John Howell (Henley) (Con)]

14. Operation Bullfinch, in Oxford, introduced a number of radically different procedures for coping with vulnerable witnesses. What lessons have been learnt from that?

[The Solicitor General]

I know that my hon. Friend has a long-standing interest in improving the processes as a result of that case, which helped to revolutionise the way in which the investigatory authorities all work together. There have been a number of other successful investigations in his own police area, which are helping to improve national practice, and there is a much greater understanding across the country of the way in which such cases can be effectively prosecuted.