Oral Answers to Questions

Michael Ellis Excerpts

Thursday 9th July 2020 Commons Chamber

[Michael Fabricant (Lichfield) (Con)]

What steps she is taking to prevent conventional and social media reporting which may lead to contempt of court; and if she will make a statement.

[The Solicitor General (Michael Ellis)]

Reporting by the press or on social media may sometimes present a risk of prejudice to criminal proceedings. It is important to protect due process and the right to a fair trial. In my role as guardian of the public interest, I can and have issued media advisory notices. This is important in order to inform responsible reporting to avoid prejudice to ongoing criminal proceedings.

[John Lamont]

Does the Solicitor General agree that on the whole the press does act responsibly and is swift to act in relation to material that may be prejudicial to court proceedings?

[The Solicitor General]

My hon. Friend is right, and it is right to acknowledge that the press is on the whole very responsible in its reporting of court proceedings, which is why issuing a media advisory notice is an exceptional course of action. In the past 12 months, I have only done that twice. However, it remains an important power, which will be used if necessary.

[Michael Fabricant [V]]

Journalists get training, but the average person does not know about contempt of court and we get contempt of court through social media, so what can the Solicitor General’s Department do to try to educate people when they might be doing just that inadvertently?

[The Solicitor General]

I thank my hon. Friend for that question. That is quite right and he makes an important point about social media and the risk of contempt of court. My office has prepared and promoted materials available online to inform the general public, including slides and web pages, and I entirely agree that an emphasis on education is important to ensure that members of the public do not inadvertently publish prejudicial material online, because doing so can have serious consequences.

[Henry Smith (Crawley) (Con)]

What assessment she has made of the effectiveness of the CPS during the covid-19 outbreak.

--- Later in debate ---

[Jessica Morden (Newport East) (Lab)]

What estimate she has made of the additional resources required by the CPS to tackle the potential increase in domestic abuse prosecutions as a result of the covid-19 lockdown.

[The Solicitor General (Michael Ellis)]

The Government take cases of domestic abuse extremely seriously. Despite the challenges generated by the covid-19 pandemic, the CPS has shown its determination to bring perpetrators to justice and provide victims with the greatest possible protection from repeat offending. I have to say those cases are among the highest priority for the Crown Prosecution Service and the highest priority being dealt with by the criminal justice system.

May I take this opportunity to commend the superb work of the Duchess of Cornwall on the issue of domestic abuse and her leadership in this area?

[Jessica Morden [V]]

There has been an 83% increase in domestic abuse related crimes in Wales since 2015. The £85 million promised by Government to the CPS will go nowhere near the £225 million cuts made by the Government. What assurances can the Attorney General and Ministers give victims that the resourcing is sufficient for their cases to be dealt with effectively?

[The Solicitor General]

I thank the hon. Lady for that important question. The Government have recently announced a number of funding packages that are linked to domestic abuse post covid, including £16.6 million announced by the Ministry of Housing, Communities and Local Government to go to 75 local authority projects for delivery of support to victims of domestic abuse and their children; £3.1 million from the Home Office for specialist services for children who have been directly and indirectly affected; and £28 million for a package of support for survivors of domestic abuse and their children from a fund from the Chancellor of the Exchequer. A lot of money is, rightly, being directed to that area.

[Theresa Villiers (Chipping Barnet) (Con)]

What steps she is taking to increase prosecution rates for burglary offences.

[The Solicitor General (Michael Ellis)]

Burglary is a terrible crime that can have a long-lasting impact on victims. The CPS is committed to bringing robust prosecutions against offenders who commit burglary and ruin lives by doing so. The CPS will work with the police to ensure that the strongest possible evidence is put before the court. My right hon. Friend will be interested to know that the latest CPS data shows that of those prosecuted for burglary, 87.9% are convicted.

[Theresa Villiers]

I thank the Solicitor General for his answer. Many of my constituents in Chipping Barnet are really worried about burglary. May I urge him to urge the police and the CPS to take this very seriously? Too often, they seem to know who the burglars are, but charges, arrests and prosecutions just do not seem to follow.

[The Solicitor General]

My right hon. Friend is quite right to focus on this point, and I know that she has a track record of supporting her constituents in this area. The CPS is committed to bringing charges in all cases where the code test is met. If there is the evidence, if it meets the requisite standards, people will be prosecuted for burglary.

[David Linden (Glasgow East) (SNP)]

What discussions she has had with the Secretary of State for Justice on the effect on Scotland of the Government’s plans to update the Human Rights Act 1998.

--- Later in debate ---

[Marco Longhi (Dudley North) (Con)]

What recent sentences she has extended through the unduly lenient sentence scheme.

[The Solicitor General (Michael Ellis)]

The scheme has had a number of recent successes. I am pleased to inform the House of two in particular. A recent case dealt with horrific offending concerning streaming child sexual abuse images online. The offender’s sentence was increased from one year and eight months’ imprisonment to four years’ imprisonment after I referred it. That was the first increase since that particular offence was brought within the scheme. In addition, I personally went to court to present the first controlling and coercive unduly lenient sentence. The sentence was increased from a two-year community order to three years’ immediate imprisonment.

[Marco Longhi]

Does the Solicitor General recognise the importance of the fact that the punishment must fit the crime, for public confidence and also for my Dudley constituents?

[The Solicitor General]

My hon. Friend is absolutely right to speak up for his constituents in Dudley on this matter. Public confidence in sentencing is crucial, and I am delighted to say that the general public do have and should have confidence in sentencing. The reality is that a very tiny fraction—far less than 1%—has to be referred to the Court of Appeal for a review of sentence for undue leniency. In his area, he might be interested to know of a case where a sentence of two and a half years for possession of a sawn-off shotgun and other material was increased to five years when it was referred by me for a review.

[Feryal Clark (Enfield North) (Lab)]

What discussions she has had with the Chancellor of the Exchequer on the effectiveness of Government support for law firms during the covid-19 outbreak.

[The Solicitor General (Michael Ellis)]

The CPS has made changes to its system for paying fees to advocates to help support them during this difficult time, adjusted to ensure payment for work performed, even where a normal invoice trigger point has not been reached. The Ministry of Justice is also working closely with legal practitioners to understand the impact of covid-19 on them. The Legal Aid Agency has streamlined the process for interim payments and hardship payments, including lowering the threshold for when such claims can be made.

[Feryal Clark]

Before the pandemic, many law firms were already struggling because of a decade of cuts to legal aid. What is the Solicitor General doing to ensure we have a functioning and fair criminal justice system when the crisis is over?

[The Solicitor General]

Prosecuting advocates play an essential role in our criminal justice system, and the Government support them, as can be seen with the recent influx of money from the Treasury to the Crown Prosecution Service. On 30 March, the CPS announced measures enabling interim invoices to be raised. That is just one mechanism by which we are supporting criminal practitioners working on Crown Court cases. They are now able to claim hardship payments, for example, which have been expedited. Millions of pounds in extra funding is being provided for not-for-profit providers. We are supporting the legal community across the board in what I accept are very difficult times.

[Mr Speaker]

In order to allow the safe exit of hon. Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for three minutes.