(2 weeks, 4 days ago)
Commons ChamberWe are piloting the national listing scheme at Isleworth Crown court. I refer the hon. Lady to my speech setting out what we are doing in relation to part 2 of Sir Brian Leveson’s review. She is absolutely right: we have to address all of the problem. Sir Brian was absolutely clear that we need investment, that we have to deal with the inefficiencies that the hon. Lady has talked about, and that we have to modernise our courts, but we also need reform. Look at the tables and graphs that the Institute for Government has corroborated today. If we are to see the backlog fall by the next election, we have to do all three things, not just cherry-pick.
I will not, given what has just been said by Madam Deputy Speaker.
The Bill will remove the ability of defendants to elect a jury trial for either-way offences. That is too often done by criminals to delay proceedings and wear down victims, preventing justice from being secured. Under our changes, the decision about where a case is heard will rest where it belongs: with a judge. It will be determined by the matter’s seriousness and suitability for jury trial, not by criminals gaming the system.
This Bill also strengthens the role of magistrates. As has been said today, magistrates’ sentencing powers are capped at 12 months, and cases that could be concluded quickly are too often pushed up to the Crown court, clogging up capacity that would be better focused on more serious crimes. We will extend magistrates’ sentencing powers to 18 months for offences that are triable either way. The Bill does not increase the maximum penalty for offences; it simply lets cases be heard by magistrates without unnecessary escalation, saving Crown court time for the most serious cases.
I will not, given what has been said by Madam Deputy Speaker. I have to make some progress.
We will also reform the appeals process from the magistrates court to the Crown court. At present, an automatic right to a full rehearing forces victims and witnesses to endure the ordeal of their case over and over again, even when there is little merit to an appeal. The Bill will introduce a new permission stage, which will allow judges to filter appeals and decide whether there are genuine points of law that require an appeal hearing. That mirrors the process for appeals from the Crown court to the Court of Appeal. To support that, we will allow audio recording in all magistrates courts for the first time, so that the record is clear and accurate, should an appeal be necessary.
Alongside reform, we are investing. There is a record £2.78 billion settlement for the coming year. That includes £287 million for vital repairs, digital upgrades and unlimited sitting days in the Crown court next year—the most ever funded in the history of our courts. We are modernising, investing in artificial intelligence and other technology, and expanding the use of video hearings to speed up justice. Working with the judiciary, we will bring in a new national listing system to end what some victims justifiably describe as a postcode lottery that has left some waiting longer than others. We will expand blitz courts to clear cases that are stuck in the system, and introduce new case co-ordinators in every Crown court to free up judges’ time.
Even with record investment and ambitious efficiencies, an unreformed justice system has a structural ceiling. That is why the third lever, reform, is essential. The projections are crystal clear: if we do nothing, we will have a backlog of 200,000 cases; if we invest and tackle the inefficiencies, as suggested by the hon. Member for Twickenham (Munira Wilson), the backlog will be 133,000; if we pull all three levers, the backlog will be 49,000. The difference is 84,000 more lives on hold. Even if we implement all our measures, the backlog will get worse before it gets better—it will rise before we begin to turn the corner, prior to the end of this Parliament. It is important to be honest with the House: because of the seriousness of the situation, we must proceed with the full, undiluted package. If we step back from or water down action on any of the three levers, victims will continue to be forgotten.
This Bill puts victims first, as well as delivering the swift justice that they deserve. It will also strengthen protections for victims in court. In response to a Law Commission recommendation, clauses 8 and 9 tighten the rules of evidence in sexual offences cases, so that information about a complainant’s past can be used only when it genuinely matters, and cannot be used to fuel myths, to make insinuations, or to humiliate victims, as has been the case. Clauses 12 to 16 strengthen and clarify the use of special measures, ensuring that victims have access to screens, live links and support, so that they can give their best evidence and, importantly, stay in the justice system and the family courts. Clause 17 repeals the presumption of parental involvement—something that many people have campaigned for. That measure was created with good intentions, but it has contributed to a culture in which contact is prioritised.
(9 months, 3 weeks ago)
Commons ChamberIt is important that the Probation Service deals with any concerns promptly and effectively. The Department wrote to the hon. Lady on 20 April with further details in relation to her concerns, and Thanet House was withdrawn from the scheme on 20 May.
The Victims’ Commissioner says that the early release of prisoners risks victim safety, so will the Lord Chancellor explain why she is putting violent offenders ahead of victims?
That is not the case. What would be failing victims is if our criminal justice system got to the point of collapse and we did not have prison places for violent offenders. This Government are getting on with reforming our criminal justice system. We are putting victims at the heart of it to protect them, and are making sure that we never run out of prison places again.
(5 years ago)
Commons ChamberIf the answer to the hon. Lady’s question is separation, it is entirely misconceived. The jurisdictions of England and Wales, Scotland and Northern Ireland should be standing shoulder to shoulder in that fine tradition of the rule of law and respect for human rights. She correctly refers to the Holyrood Parliament’s decisions, and of course we respect that, but across the UK we have world-leading, world-beating laws and provisions relating to the rights of vulnerable people, which she talks about. The job is to make sure that that becomes more of a reality for more and more people, and that is what we should all be working together to achieve.
I will be making announcements on the independent review and the next steps very shortly. Judicial review plays a vital review in upholding the rule of law, and the reason we established the review was that we wanted to look carefully at whether it was running as it needs to or whether changes will be needed. I will make announcements to this House very shortly.
(5 years, 3 months ago)
Commons ChamberThe hon. Gentleman will appreciate that, for clear constitutional reasons, it would not be right for me to direct the judiciary. I assure him, by repeating the answer that I gave to my hon. Friend the Member for Harrow East (Bob Blackman), that the judiciary have indeed created a sensible series of practice guidance about how to deal with such cases. Individual delay issues could be raised from Her Majesty’s Courts and Tribunals. I cannot go into the merits of any individual case, but I hear him loud and clear about the importance of dealing efficiently with antisocial behaviour cases.
I thank my right hon. and learned Friend for standing up for the victims of sexual violent crimes through additional funding for victim support, and an increase in funding for independent sexual violence advisers. Will he provide assurances that a proportion of this funding will be ring-fenced specifically to support children who are victims of sexual crimes, and will he meet me to discuss how we can further the issue of protecting child victims?
I would be happy to meet my hon. Friend. She will know that the range of support we give involves the child victims of sexual crime, whether male or female. In the past year, we awarded £12 million to 91 rape support centres in England and Wales. As I have said, we have increased, by an additional £4 million until March 2022, funding for 120 new independent sexual violence advisers across our jurisdiction, which will go in some great measure to address the concerns she rightly raises.
(5 years, 11 months ago)
Commons ChamberLet me take this opportunity to praise the excellent maiden speech made by my hon. Friend the Member for Hyndburn (Sara Britcliffe). She was not only eloquent, but also very IT savvy, and we can all learn from her example in this age of a digital Parliament.
I thank the Government for their hard work in bringing the Bill to the House, and also my right hon. Friend the Member for Maidenhead (Mrs May) for her tireless work on the issue. The Bill is truly a landmark piece of legislation that builds on the work done by the Government to protect victims of domestic abuse, and there is much to welcome in it. By enshrining the definition of domestic abuse on the statute book once and for all, we can eliminate the confusion and hesitation around pursuing domestic abuse-related charges. By strengthening the powers of the police and courts to protect victims and their families from perpetrators, we can help victims to find the courage to speak out and seek help.
Another aspect of domestic abuse has been thrown into even sharper relief by the current coronavirus pandemic. With the lockdown requiring us all to do our part by staying indoors, many victims will currently be experiencing a living hell, trapped inside with their persecutors, unable to escape or take a break, or even to go outside for some fresh air. Potentially, they will be unable to call for help.
Finally, a critical problem for many families—men, women and children who are fleeing domestic abuse—is housing. The all-party group on ending homelessness is calling for everyone who is homeless as a result of fleeing domestic abuse to have a legal right to a safe, permanent home by extending the automatic priority need category of housing to domestic abuse survivors who are seeking emergency accommodation. That measure is supported by Crisis, the Domestic Abuse Housing Alliance, St Mungo’s, Shelter, Centrepoint, and the Chartered Institute of Housing. Under the current situation, survivors of domestic abuse have no guarantee of access to settled housing from their local authority. Survivors have to prove their vulnerability and the extent of the abuse they have experienced to be eligible, which can be traumatic and distressing for them.
Research by the all-party group on ending homelessness found that nearly 2,000 households fleeing domestic abuse in England each year are not being provided with such assistance because they are not considered in priority need for housing. Crisis UK argues that many survivors of domestic abuse are, by definition, vulnerable and should therefore be placed in a priority-need category for housing allocation. Given the lockdown measures currently in place, it would be near impossible for a survivor to gather the necessary evidence to qualify for priority-need housing accommodation. I invite the Minister to consider the case for adding to the Bill the requirement for local authorities to put homeless victims of domestic abuse into the category of priority need for settled housing.
(6 years, 1 month ago)
Commons ChamberI do not think that that would be required. I think that there are other ways in which we can deal with these people. The Chair of the Select Committee will know better than I, and the law in Scotland is somewhat different in relation to how we address psychopathy, but dealing with mental health issues always involves difficulties. It challenges the courts as it challenges those in the national health service who quite correctly deal with those issues. I think that this comes down to the fact that we are dealing with a new phenomenon. There are those who are mentally ill and who are set loose to cause havoc—either individually or encouraged by others—and the health service has to try to deal with them as best it can, but there are others who are simply malevolent. There are powers under current terrorism legislation, so I do not think there is any need for additional measures in that regard.
That returns me to the question of how we deal with them within and how we deal with them without. Let me start with the latter. Obviously monitoring is extremely resource-significant, as was mentioned by the right hon. Member for New Forest East (Dr Lewis). It is not a matter of someone in a rain jacket tailing an individual, even if that someone is accompanied by another. It takes dozens, and often significantly more, because there is back-office work and there are different shifts, and there are different ways of monitoring in the world in which we live. The resources needed just to deal with one individual, never mind the accompanying supply chain, are significant, and we need assurances that that will be provided. More police are required, particularly south of the border. The impact of terrorism on policing is significant, and that must be taken on board, given the other demands that the police rightly face in our communities.
I now come to the former issue. This is relevant to what has been said about the Acheson review, which was published back in 2016. It appears that little has been done since then. I gather from discussions I have had that one of Mr Acheson’s recommendations—which was, quite correctly, welcomed by the Government—was that prisons should have specialist separation units. I understand that some four were subsequently established, but only one—at, I think, HMP Frankland—is in operation. I am open to correction or challenge, but if that is indeed the position, it is simply not good enough. If an independent reviewer of the stature of Mr Acheson—on which we all agree—makes a recommendation, you are duty bound to implement it. If he makes a specific recommendation for units that you go to the trouble of establishing, it is mind-blowing that only one should be operating.
I agree with the hon. Gentleman about the separation units. We need to think about how we can increase the numbers. People who are already radicalised arrive in prison and then prey on vulnerable inmates to increase the level of radicalisation. It has been suggested that those who have already been convicted of terrorist crimes should be placed in separate units to prevent the spread of radicalisation. The hon. Gentleman has made a very good point.
I thank the hon. Lady. The same has been done in previous years in the case of other prisoners. Even during my tenure, we had special units for those involved in paramilitary activities in Northern Ireland. This is something deeply specialised, but it will require action both by those involved in the establishment of the units and by the Prison Service.
That brings me to the question of deradicalisation programmes. I recognise the difficulty of checking against delivery and ensuring that the programmes are working, but I think that we need to take steps. I have a special request for the Minister: I think that prison officers should have an input in these courses. Their input is currently very limited—indeed, almost nil—and they are outsourced, which is understandable. There are also the specialist resources such as imams, who were mentioned earlier. However, we should recognise that prison officers have remarkable skills. They are able to tell who is pulling the wool over their eyes. They may not be trained in this or qualified in that, but they know psychology and individuals within the prison institution. They can tell you why someone is applying for a course—in the main, because no one can always get it right. They are hugely skilful in distinguishing those who are signing up because they want to be able to tick the box and satisfy the Parole Board from those who are signing up for a course because they believe in it. They do not engage with the prisoners just on the course; they live with them 24/7, and they can see who prisoners are interacting with and what their behaviour is like. I think that we have been remiss in this regard, and I ask the Minister to take my suggestion on board.
Let me end by simply saying that we are satisfied about the need for the Bill. We are satisfied with the general principles. We wish to be assured that retrospectivity will be addressed, and that resources both within and without will be provided. If that is done—although we accept that no Government can give us an absolute, categorical assurance that these people will not reoffend —we can at least go back to our constituencies and say to our constituents that we are doing as much as we can to keep our communities safe.
(6 years, 1 month ago)
Commons ChamberI am grateful to the hon. Member for raising the rights of victims, particularly of women and girls, in this place.
I just wish to thank the Secretary of State for this Bill. On the issue of victims of child sexual exploitation and sexual abuse, there is nothing better than holding abusers to account for those whom they have victimised. Forcing them to disclose their victims takes away their power, which is why this is such a welcome Bill. It shows that we are listening to the victims and saying to the perpetrator that they can no longer hold in their heart the secrets of the people that they have abused. I very much welcome that, and I thank the Secretary of State for his boldness in taking this forward.
I thank my hon. Friend for her intervention, and I agree with every word that she has said.
I wish to conclude by saying that this is a Government who are on the side of victims and their families, and that this is exactly what this excellent Bill intends to achieve. I urge Ministers on the Front Bench to continue their good work in this arena, and particularly to place some pressure on the Parole Board to focus on the rights of victims. Again, I thank the Government for all their good work.
(6 years, 2 months ago)
Commons ChamberI am grateful to the right hon. Lady for her question. Although prisons do not fall within my portfolio, I fully understand why she would be concerned about the issue and about the tragedy of the gentlemen who lost his life. My hon. and learned Friend the Minister of State would be more than happy to meet the right hon. Lady to discuss the matter further.
What assurances can my hon. Friend give me that legal aid is reaching those who need it most—not only in my constituency, but across the UK—in order that they can access justice?
I welcome another new Member to the Chamber today for MOJ oral questions.
We have made it very clear that we remain committed not only to providing legal aid to those who need it, but to developing further means of legal support including the expansion of early legal advice to help some of the most vulnerable people in society with social welfare problems such as housing. We are committed to finding effective solutions, because it is often early legal advice that makes the difference.