Rape Trials: Treatment of Victims

Debate between John Howell and Lucy Frazer

Wednesday 15th May 2019 Westminster Hall

[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.

Exiting the European Union (Mediation)

Debate between John Howell and Lucy Frazer

Monday 18th February 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

I beg to move,

That the draft Cross-Border Mediation (EU Directive) (EU Exit) Regulations 2019, which were laid before this House on 21 January 2019, be approved.

This draft instrument forms part of our ongoing work to ensure that if the UK leaves the EU without a deal our legal system will continue to work effectively for our citizens. It is solely related to our no deal preparations. If Parliament approves the withdrawal agreement, which includes an implementation period, and passes the necessary legislation to implement that agreement, the Government would defer the coming into force of this instrument until the end of that implementation period. Once a deal and our future relationship with the EU had been reached, we would review whether this instrument needed to be amended or revoked.

This statutory instrument relates to mediation. That is a process whereby parties to a dispute attempt voluntarily to reach an agreement to settle their dispute with the assistance of a mediator but without a court needing to rule on it. In the civil and commercial field such a dispute might for instance relate to a contract, a debt or contact with children.

[John Howell (Henley) (Con)]

As my hon. and learned Friend knows, I am hoping to become an associate of the Chartered Institute of Arbitration. I have spent much of my political life championing mediation as a means of settling disputes. To what extent are the Government committed to mediation for the future as a result of these measures?

[Lucy Frazer]

My hon. Friend is a member of the Justice Committee and has taken part in many debates on this subject. I know he has extensive experience of arbitration as well as mediation. I am very pleased that he is planning to go further on that. He must rest assured that the Government remain committed to mediation. It is a very important tool in the armoury to help people to resolve their disputes. Outwith this statutory instrument and the EU rules that we already have, as I will go on to explain, we have very strong domestic provision for mediation, and that will continue. The reason to bring forward this statutory instrument and the approach we have adopted is that the current arrangement with the EU is reciprocal and that following our leaving the EU we cannot rely on any reciprocity. This statutory instrument will therefore revoke the EU legislation.

In 2018, the European Council agreed a cross-border mediation directive which sought to harmonise certain aspects of mediation in relation to EU member state cross-border disputes. The aim of the mediation directive is to promote the use of mediation in such cross-border disputes. An EU cross-border dispute can be one between parties who are domiciled or habitually resident in two or more different member states, or it can be a dispute where judicial proceedings or arbitration are started in a member state other than the one where the parties are living. The UK, as a member state, enacted domestic legislation which gave effect to certain aspects of the mediation directive. I say certain aspects, because in many areas, such as ensuring the quality of mediation or information about mediation to the public, our existing arrangements already met the requirements or standards set out in the directive. However, to implement the directive the UK had to introduce some new rules for EU cross-border mediations involving UK parties.

The new rules first specify that if a time limit in a domestic law during which a claim could be brought in a court or tribunal expired during the mediation process, the parties could still seek a remedy through the courts or tribunals should the mediation not be successful. Secondly, the new rules define the rights of a mediator or someone involved in the administration of mediation to resist giving evidence in civil or judicial proceedings arising from information disclosed during a mediation. Various changes were also made to court rules to supplement the changes and to implement the requirements of the mediation directive relating to enforceability of agreements resulting from mediation.

Under the European Union (Withdrawal) Act 2018, the legislation implementing the mediation directive is retained EU law upon the UK’s exit from the EU. However, should the UK leave the EU without an agreement on civil judicial co-operation, the reciprocity on which the directive relies will be lost. Even if we were to continue to apply the enhanced EU rules to EU cross-border disputes, we would be unable to ensure that the remaining EU member states applied the rules of the directive to cross-border disputes involving parties based in the UK or judicial proceedings or arbitration taking place in the UK that were not otherwise in scope.

Accordingly, and in line with the Government’s general approach to civil judicial co-operation in the event of no deal, this instrument will repeal, subject to transitional provisions, the legislation that gives effect to the mediation directive’s rules on confidentiality and extension of limitation periods. It amends the relevant retained EU law in England, Wales and Northern Ireland, and in Scotland—in so far as it relates to reserved matters. Separate instruments will amend the related court rules in England, Wales and Northern Ireland. There is other legislation implementing the directive that is within the legislative competence of the Scottish Government, and I understand that they have decided to bring forward their own legislation in this area.

Turning to the impacts, this instrument is necessary to fix the statute book in the event of a no-deal exit. We have assessed its impact and have published an impact assessment. By repealing the domestic legislation that gave effect to the mediation directive, we will ensure clarity in the law applying to mediations between UK parties and parties domiciled or habitually resident in EU member states. We will also avoid a situation where mediations of an EU cross-border dispute conducted in the UK are subject to different rules on confidentiality or limitation from other UK mediations.

As I indicated, the instrument will change only the rules applying to what are currently EU cross-border mediations, and only in two respects: time limits and confidentiality. On time limits, claimants involved in such mediations who no longer have the benefit of an extended limitation period would, if they wanted more time to allow for mediation to take place, be able to make an application to the court and ask it to stay proceedings. Overall, this instrument will ensure that, post EU exit, UK-EU mediations are treated consistently under the law with mediations between UK-domiciled or habitually resident parties, or UK parties and parties domiciled or habitually resident in non-EU third countries.

Court Closures and Reform

Debate between John Howell and Lucy Frazer

Tuesday 27th March 2018 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

It is a pleasure to serve under your chairmanship, Mr Gray. I congratulate the hon. Member for Slough (Mr Dhesi) on securing this debate. He made some important points about the justice system in general. I am grateful that he secured the debate, has raised those points and has given me an opportunity to respond.

I make one point at the outset. The hon. Gentleman talked about cuts. The reform programme is certainly not about cuts. As he mentioned, the Government are putting £1 billion into our court reform programme and every time a court closes, the money from the sale of that court goes straight back into our justice system—more particularly, our court system.

Like the hon. Gentleman, I would like to address the issue of justice in broader terms. We should start by asking ourselves a question in the context of the debate. What is justice, and how should it be administered? It is not necessarily about a court, a wig and a dock—it is much broader than that. It is not constrained by a particular location or a setting. It is about the fair determination of rights. Although a court of course plays an important part in the determination of those rights, we must also think about how in the modern world we can deliver better, fairer and more effective justice, which is why the Ministry of Justice has started to invest £1 billion in our justice system over the last few years.

We are upgrading our system so that it works better for everyone—judges, legal professionals, vulnerable victims, witnesses, litigants and defendants. We are modernising the system. The hon. Member for Slough asked what the evidence is of the advantage of technology, and I will answer that. The Civil Justice Review of the 1980s said that we needed to use computers to manage listing. Lord Woolf called for the use of technology in the 1990s. In 2015, the Civil Justice Council stated that online dispute resolution had the possibility and potential to bring forward advantages to our justice system, such as lower cost but also more access to justice. When the court reform Bill went before the House before the general election, a document on transforming justice was put together by the Lord Chief Justice and Lord Chancellor of the time and the Senior President of Tribunals. They all called for our justice system to be brought up to date using technology. They recognised that it would bring our system forward and that by doing so, we would need fewer court buildings. I was interested to hear my hon. Friend the Member for Moray (Douglas Ross) calling for more digitalisation in Scotland.

[John Howell]

Would the Minister accept that the move towards, for example, online courts has come not from judges but from potential litigants who would like to see that as an alternative?

[Lucy Frazer]

My hon. Friend is absolutely right. It is not only justices who are advocating online courts but people who use the system. We recently launched our online digital court process, through which people can make claims of up to £10,000. The pilot has been extremely successful.

That brings me on nicely to our other pilots. We are in the midst of upgrading our system in a variety of ways, in different courts and for different remedies that people need. It is now possible to apply for an uncontested divorce and for probate online. It is possible to make pleas for lower level offences, to respond to jury summonses and to issue and respond to civil money claims online. In the social security tribunal system, it is possible to track an appeal online and get mobile updates about the progress of a case. Those changes are making access to justice more efficient, quicker and, for many, much easier to use.

Thousands of people have already used those pilots and received straightforward digital access to justice for the first time, and the public feedback has been extremely positive. By providing services online, we are significantly improving the experience of those using the courts. We see that in the number of forms completed correctly. The rejection rate for paper divorce applications was 40% due to errors and omissions. Since the latest release of the online divorce service, the online rejection rate is now less than 1%.

The hon. Member for Bolton South East (Yasmin Qureshi) made some important points about vulnerable people. She is right that not everybody has a computer, uses the internet or is comfortable doing so. We are establishing a range of support channels, including telephone and face-to-face assistance, and we have worked closely with other Departments to ensure vulnerable people are protected. Our experience shows that the most vulnerable will still be able to access digital services. For example, in relation to our help with fees, the rejection rate stands at about 20% after the introduction of digital processes, compared with 75% for the paper version.

The hon. Lady also said that court can sometimes be intimidating. I said previously that we have social security updates for people going through the system on their mobile phone, and the feedback from that has been extremely positive. Someone said recently, “Courts, judges, decision all quite frightening. This completely calmed me down.” My hon. Friend the Member for Henley (John Howell) talked about the possibility of technology improving our court service—not only in the commercial court but elsewhere. It is right that we consider the possibilities for justice.

We are not just investing in digital. Since April 2015, we have spent £108 million on capital maintenance to improve our estate, including £2 million for refurbishments in Manchester Central, £1.5 million for rewiring and replacing windows in Preston and more than £1.5 million for a roof and lift replacements in Leeds Central.

Other hon. Members raised issues about court closures. We must recognise some important facts about the court and tribunal estate, which is underused. About 41% of courts and tribunals used less than half their available hearing capacity in financial year 2016-17, and much of that space is in poor condition. The hon. Member for Slough talked about Maidenhead. The court is underused and sat for less than one third of its available hours in the past financial year. It is in a poor state of affairs and requires a new roof and windows, generating a total maintenance backlog of more than £1 million.