Lord Garnier
Main Page: Lord Garnier (Conservative - Life peer)Department Debates - View all Lord Garnier's debates with the Cabinet Office
(14 years ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Roberta Blackman-Woods (City of Durham) (Lab)
2. When he next plans to review the Crown Prosecution Service’s violence against women strategy.
The Solicitor-General (Mr Edward Garnier)
The Crown Prosecution Service’s violence against women strategy was published in June 2008. The assessment of the benefits of the strategy on prosecutions for violence against women will be published in the autumn of 2011. Annual reports are also published.
Roberta Blackman-Woods
I thank the Solicitor-General for that response. I am sure that he will be aware that Durham CPS piloted the use of specialist services such as domestic violence courts and multi-agency risk assessment conferences to determine appropriate interventions in domestic violence cases. What reassurance can he give the House that those specialist services that have been so successful will continue?
The Solicitor-General
May I thank the hon. Lady for visiting her CPS office on 1 October? Her visit was most welcome and I hope that other Members of Parliament will take the same opportunity to visit their local CPS. I can give her the assurance that she seeks. The CPS, my right hon. and learned Friend the Attorney-General and I take the aspect of the criminal law that she has just addressed extremely seriously and we will ensure that both the CPS and the wider criminal justice system bear down on reducing the number of offences against women.
Rehman Chishti (Gillingham and Rainham) (Con)
According to CPS data, between 2008 and 2009 12% of cases were unsuccessful in the category “violence against women” due to victim-related issues. What are we doing to address that?
The Solicitor-General
To be fair to the previous Government, they introduced the slogan and policy of “no witness, no justice”. One of the most important things that we can do is to ensure that victims of domestic violence are encouraged, protected, persuaded and assisted in taking their evidence to court so that the criminal justice system can deal with those who mete out violence towards them. There is no excuse for violent people attacking others and there is particularly no excuse for the criminal justice system to ignore women within the domestic scene who are beaten up by others.
Catherine McKinnell (Newcastle upon Tyne North) (Lab)
As the shadow Solicitor-General, I look forward to working with the Law Officers, particularly in supporting the CPS in its hugely important role of ensuring an independent operation, in advising the police and in ensuring that perpetrators of crime are brought to justice. However, in light of the comments made by the Director of Public Prosecutions over the weekend to the effect that budget cuts to the CPS
“pose the biggest challenge in its history”
and earlier comments from the president of the Law Society:
“The ultimate losers from these plans for the CPS to slash its budget are the vulnerable clients in need of help dealing with housing, mental health and domestic violence”,
what steps will the Law Officers take to ensure that the CPS has sufficient resources to continue to secure prosecutions for domestic violence and to ensure that cuts are not just a risky gamble with delivering justice for vulnerable groups?
The Solicitor-General
I congratulate the hon. Lady on her appointment as shadow Solicitor-General. There are many people who think that the Law Officers themselves are pretty shadowy, but I—
The Solicitor-General
I would never accuse the hon. Gentleman of being shabby. His dress code is always immaculate.
The Solicitor-General
I think that the train of my thought is concentrating on the shadow Solicitor-General.
Mr Speaker
Order. The train of my thought is that I would like to make some progress down the Order Paper because other Members are waiting to ask questions. We will hear the Solicitor-General’s answer pronto.
The Solicitor-General
I assure the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) that the Government and the Law Officers’ Department are extremely concerned to ensure that the issues about which she has just addressed the House are properly catered for within the criminal justice system and by the Law Officers.
Alun Michael (Cardiff South and Penarth) (Lab/Co-op)
3. What assessment he has made of the progress of the National Fraud Strategic Authority in reducing the level of fraud and online crime.
Andrew Bingham (High Peak) (Con)
5. What representations he has received on his recent report on unduly lenient sentences; and if he will make a statement.
The Solicitor-General
In July this year, my right hon. and learned Friend the Attorney-General and I released information on unduly lenient sentences in cases for 2009, the latest year for which figures are available. The figures show that of 311 sentences considered by the Law Officers, 108 were referred and heard by the Court of Appeal, of which 71 sentences were increased by the Court. The decision whether to refer cases often generates a good deal of media or public interest, but no representations were received by the Attorney-General’s office as a direct consequence of the publication of that information.
Gareth Johnson
Does my hon. and learned Friend agree that nothing undermines victims of crime more than unduly lenient sentences? Unfortunately, not all unduly lenient sentences can be appealed against. Will he therefore consider increasing the number of offences where such sentences can be appealed against?
The Solicitor-General
As my hon. Friend realises, the statutory scheme comes under the Criminal Justice Act 1988, which provides us with the rubric that we must follow. We are limited by that statute, but if he thinks that particular crimes or sentences need to be looked at so that that law can be adjusted, I advise him to write to the Ministry of Justice.
Andrew Bingham
The unduly lenient sentences scheme covers some but not all offences. In helping me to explain the situation to my constituents in High Peak, will my hon. and learned Friend explain why the scheme is limited to certain offences?
The Solicitor-General
The short answer is because that is what the statute says. It is confusing that there is a limitation on sentences that we can ask the Court of Appeal to consider. Cases that are triable on indictment only and cases that are triable either way are listed in the Statutory Instrument that followed the main statute. I am happy to have a discussion later with my hon. Friend to see whether we can help his constituents understand that rather complicated area of law.
Paul Goggins (Wythenshawe and Sale East) (Lab)
The details that emerged during the recent trial of Bolton, Griffin and Marshall in Manchester were truly appalling, but their case could not be referred to the Court of Appeal because they were convicted only of lesser offences. May I encourage the Solicitor-General and the Attorney-General to consider carefully the merits of extending the list of eligible offences to include a wider range of violent offences?
The Solicitor-General
My right hon. and learned Friend and I are always happy to consider suggestions of that nature, but the legislation would have to be amended by the Secretary of State for Justice and his team. Another point to bear in mind is that members of the public often contact us outside the 28-day limit and we cannot consider sentences, even if they are, in theory, reparable, if they are brought to our attention after 28 days.
Diana R. Johnson (Kingston upon Hull North) (Lab)
Is the Solicitor-General concerned about the plans of the Ministry of Justice to reduce prison numbers and does he think it will result in more claims regarding unduly lenient sentences being presented to his Department?
Andrew Selous (South West Bedfordshire) (Con)
6. What discussions he has had with the Crown Prosecution Service on steps to increase the proportion of prosecutions for offences of human trafficking which result in conviction.