Crown Prosecution Service

Keir Starmer Excerpts

Tuesday 23rd June 2015 Westminster Hall

[Keir Starmer (Holborn and St Pancras) (Lab)]

I congratulate my hon. Friend the Member for Erith and Thamesmead (Teresa Pearce) on securing this important debate. I immediately declare an interest, as I was the Director of Public Prosecutions and head of the Crown Prosecution Service from 2008 to 2013. The current DPP was head of CPS London as a member of my staff and is known to me.

The CPS is a demand-led organisation that has taken significant cuts in recent years. As a result, it has significantly fewer staff and less resilience, and faces probably a greater challenge now than it has for many years. I pay tribute to the staff who work in that environment and deliver the best they can in the circumstances.

One of the unknowns for a demand-led organisation such as the CPS is the caseload. In the years that I was DPP, the number of cases coming into the service from the police undoubtedly reduced, which significantly softened the impact of some of the cuts. The difficulty as I see it, and the risk that the CPS was running when I was DPP, is that the reason for the reduction was never properly understood—no one could explain why the numbers were going down and, equally, no one could properly predict when they would twist and go up. I note the recent reports of increased numbers of sexual abuse cases coming into the CPS; those cases are highly resource intensive.

The cuts to the CPS are not dissimilar to the cuts to other parts of the criminal and civil justice systems. As the Solicitor General will know, a series of very critical reports on the cuts to the civil side, from this House and elsewhere, have indicated that the strategy for the past five years has been to cut first and look at the evidence and the impact later, rather than the other way round. That is a very serious criticism of any strategy. One of my concerns has been whether over the past five years there has truly been a criminal justice strategy that goes beyond simply taking the money out and focuses on the services to be delivered.

Against that background, and recognising what Sir Brian Leveson said in his recent report on the efficiency of the courts, namely, that there is an irreducible core minimum of funding below which we cannot deliver services, will the Solicitor General tell us what arrangements are currently in place to ensure that the Government have a line of sight on the risks being run by reducing resources for the CPS? Have there been evidence-based assessments of the impact of the reduced resources? If so, will some or all of those impact assessments be published? If, as the Lord Chancellor indicated this morning, the rights of victims will be taken more seriously in future, are there currently plans to increase resources for the CPS so that it can deal more effectively with victims?

[Valerie Vaz (Walsall South) (Lab)]

I welcome my hon. and learned Friend to the House—his expertise is widely welcomed here—and thank my hon. Friend the Member for Erith and Thamesmead (Teresa Pearce) for securing this debate. My hon. and learned Friend mentioned the CPS staff; does he agree that it is totally unacceptable that they have to work weekends, unpaid, with an increasing workload?

[Keir Starmer]

There is of course concern about the workload of CPS staff. One effect of the reduction in resources is that staff have to work much harder in different circumstances and at different times. That is part of the risk when the resource of any organisation is reduced. It does not mean that one must always return to the status quo and that there cannot be change. However, it does highlight my point that there needs to be a constant risk assessment when resources are reduced in the way they have been.

[Alex Chalk (Cheltenham) (Con)]

I should declare an interest as somebody who has been a practising barrister—in fact, I was probably instructed by the hon. and learned Gentleman. Does he agree that culture is sometimes as important as cost when helping victims and witnesses? There has been an extraordinary change—this was the case even during his tenure as DPP—in the way victims and witnesses are treated. That ranges from victim impact statements, to the screens provided for under the Youth Justice and Criminal Evidence Act 1999, to getting counsel to meet witnesses before they give evidence, which is critical to giving them a good court experience.

[Keir Starmer]

I accept that, and I have always said that, if we are to provide properly for victims, we need not only resource but a culture change.

I share the concerns that my hon. Friend the Member for Rochdale (Simon Danczuk) raised about Cyril Smith and other old cases. For the record, Cyril Smith was not, of course, considered by the CPS, because it was not in existence at the time. However, the case was considered by the DPP, and I have gone on record to express my concern about the decisions that were made.

This is about making a cultural change. When I was DPP, I was concerned that there was a cultural inhibition against prosecuting some of the sexual grooming cases, and that was most acute in the Rochdale cases, but a new approach was heralded to prosecuting those cases. I accept, therefore, that, when it comes to victims, the issue is not just resource but a culture change. The culture is changing, but it needs to be pressed harder, and it needs to be pressed in other parts of the criminal justice system, although there has been good work. However, if we are to take victims more seriously, that will require more resource, and it will require us to be clear about the risks that will be taken if further money is taken out of the criminal justice system.

Let me finish by observing that the decision before the DPP on the Janner case was not an easy one; it was a stark and difficult choice between two unattractive approaches. The DPP has followed the victim right to review policy and has put the decision out for review. We should respect the independence that she has brought to the decision making and the fact that she has had the courage to put the decision out for review. To that extent, we should inhibit our comments on the case.

--- Later in debate ---

[The Solicitor General]

I am sorry to disagree with the hon. Gentleman, but therein lies the problem. If we as politicians and commentators start making such value judgments, we undermine confidence in the independence of the prosecutorial system. We must trust an impartial and objective application of the threshold test. Any questioning of that causes me and many others great concern about the integrity of our prosecutorial system.

[Keir Starmer]

Does the Solicitor General agree that, when a case is charged and the judge decides that there is a case to answer, that case is properly brought, even if there is an acquittal? It is important to our criminal justice system that we adhere to that. The mere fact that a case, high-profile or otherwise, does not end in a conviction is not a test of whether the charging decision was right or wrong. A better test is whether the judge left it to the jury. If that is so, it normally means that the case should have been brought.

[The Solicitor General]

I am grateful to the hon. and learned Gentleman. He presages the point that I was going to make about sufficiency, and about the checks and balances throughout the court process. Arguments can be made about the sufficiency of the evidence at the beginning of a case, at the end of the prosecution case, and, indeed, in some rare circumstances whereby judges withdraw cases from juries—it does not often happen—at the end of defence cases, but the power remains.

In making such criticisms, we are also in danger of calling into question the jury process and indeed the whole system, which is so integral to the rule of law in this country. I was asked—rhetorically, perhaps, but I will give an answer—what strategy this Government have. It is a criminal justice system that upholds the rule of law, enhances public confidence in the system and ensures that there is a consistent approach to bringing cases and sentencing, so that the public feel confident and are protected by due process within the system. That is nothing new—it has been with us for generations—but this Government believe in it as passionately as previous Governments, of whatever colour.

I want to deal with each contribution in turn, but particularly with the opening speech by the hon. Member for Erith and Thamesmead and her experience of giving evidence in a trial. It does not sound to me as though best practice was followed in her case. I am glad she has brought it to the attention of the House, because those with responsibility for the administration of justice, not only in the magistrates court in Bexley but elsewhere, will do well to remember that the housing of witnesses for the prosecution with either defendants or their families is wholly inappropriate and leads to all sorts of complications that I need not recite here.

[Nadine Dorries in the Chair]

The hon. Member for Erith and Thamesmead asked specific questions about witness care officers. I accept that the numbers have been reduced in line with other staff reductions, but, importantly, those reductions have been accompanied by reforms to better target our limited resources to help witnesses who are intimidated or vulnerable, and those who are in greatest need. Even more is being done with regard to the change of culture to which my hon. Friend the Member for Cheltenham referred. For example, the Government are now improving access to information for victims through the new online and telephone-based victim information service that was launched in March. The increasing commissioning of victims’ services through local police and crime commissioners will create a more responsive service—a more localised service—that I do not believe will create a postcode lottery, but will emphasise best practice from which other areas can learn. Although I accept there have been reductions in expenditure, the change in culture that everybody in the system—counsel, solicitors, and lawyers in their role in explaining matters and reassuring and supporting witnesses and victims—has experienced continues to grow.