Police, Crime, Sentencing and Courts Bill (Third sitting)

Lee Anderson Excerpts

Committee stage
Thursday 20th May 2021 Public Bill Committees

[Siobhan Baillie]

Q Thank you. That is helpful to hear. On cautions, out-of-court disposals, the proposed changes will ensure that the victims are consulted for their views. Are you supportive of that? Do you think that those changes will assist with the drive towards, and the approach of, more restorative justice?

Dame Vera Baird: Yes, I do. It is very important that what victims want, which I have described—procedural justice, being treated with decency, being kept up to date and so on—is provided for in the process of delivering a caution. It looks as if victims are about as satisfied when the offender is given a caution as they are when the matter goes to court, so as long as they are consulted and they are treated as victims throughout, I think it is probably excellent to streamline the nature of this work.

There is one reservation: perhaps something needing a bit of looking at is the obligation to admit guilt in order to get an out-of-court disposal. Sometimes something like a deferred prosecution might be something that a person would be readier to accept, and it should be no more of a problem for a victim. But in principle, as long as victims are involved—we have a massive backlog in the courts, so if we can deal with justice for both sides in some other way, let us do it.

[Lee Anderson (Ashfield) (Con)]

Q It is a pleasure to serve under your chairmanship, Sir Charles. I have just one question, Dame Vera. What are your views on stronger sentences for drivers who cause death or serious injury?

Dame Vera Baird: I am not an expert on sentencing and I do not think you particularly want my personal views. Do you want the perspective of victims on that?

[Lee Anderson]

Yes, please.

Dame Vera Baird: It is hard to say because we do not get a lot of victims coming to us and talking about sentencing; they are usually talking more about their own treatment by the justice system. But what I can tell you is that although they are broadly supportive of different sentencing, the briefing that you have probably had—and that we certainly have had from RoadPeace, Brake and British Cycling—suggests that they are worried about the difference between a sentence where someone has caused death and a sentence where someone has “only” caused what might be the very most serious of harms, and they wonder whether there ought to be some nearer proximity between the two.

But victims do say quite clearly that they have concerns about making causing death by dangerous driving and causing severe injury by dangerous driving have much higher penalties, because of the factor I mentioned before: it might deter prosecutions, or it might deter juries, who can pretty easily see themselves in a driving seat when something goes wrong, from convicting. So they have that reservation.

I think the telling line is that victims are not sure why there is such reliance on custodial sentencing for people who may have driven dangerously but are not dangerous people. Is it not better to use driving bans more effectively and not to allow such leeway about the unfairness of it but to make them pretty well automatic? That is their take on it, and I do not think I can second-guess them.

[Sarah Jones (Croydon Central) (Lab)]

Q It is a pleasure to serve under your chairmanship, Sir Charles. Dame Vera, you answered, in response to your first question, most of the questions that I was going to ask, so I am very pleased that you were able to do that. Obviously, as the Opposition, we have tabled a lot of amendments, which seek to do exactly what you described.

To finish the conversation that we started at the beginning, it would be helpful if you could describe the impact that you think those amendments will have on the process and on the victims. Perhaps you could say a bit more about their sense of confidence in the system. What are we aiming for here?

Dame Vera Baird: We do have to protect the article 8 rights of complainants, and the open nature—the swingeing and unconditional nature—of these clauses does not do that. I have set out all the people who have commented on how commonplace it is for a victim to have their phone demanded and for it to be trawled, as it is called on the ground. I have set all that out.

The consequence, of course, is that complainants, who say they have been sexually assaulted—they are already injured, and we have already failed to protect them against crime. They are probably vulnerable. They are certainly very nervous. They have heard that it is not a nice thing to go to court. They probably know the conviction rate is very low. They have got together the courage to go and talk to the police and to discuss the case, and they seem to be met—my survey last year made this very clear—with police officers who are looking askance at them as genuine victims and saying, in effect, “Hand over everything there is for me to know about you, so that I can check whether you are a worthy person for me to get behind and prosecute this case.”

Other than sexual assaults, rapes and trafficking, and occasionally domestic abuse, I do not know of any other kind of case in which the download of phones is used in that way. It is not just the download of phones. Frequently the police ask for, and frequently the CPS requires, all health notes, psychiatric notes, school reports and social services reports, which obviously adds to the tendency to think that you are the one under investigation, and not the other. This is a massive deterrent and, not surprisingly, a good reason why people withdraw.

Following the pilot we did in Northumbria, which was highly successful, it is very important that there should be automatic legal advice. When someone’s article 8 human rights—we have an obligation to protect human rights—are put at stake by what the CPS has found are overly intrusive demands in 60% of cases, the only way to try to deal with it, given that there are a whole range of cases about it, is to get free, independent legal advice for the purpose of discussing and ordering with the police and the CPS what is appropriate to seek, what should be disclosed and what should not.

Our amendments say that, and we have sent those to the Government. I think we have also sent them to every member of this Committee. I hope that the Government will realise that although it has an end-to-end rape review—the purpose of which is to restore confidence and restore prosecutions—this piece of legislation is actually running in the opposite direction and is likely to make things worse.