Oral Answers to Questions

Michael Ellis Excerpts

Thursday 3rd October 2019 Commons Chamber

[Bob Blackman (Harrow East) (Con)]

8. What assessment he has made of the effectiveness of the unduly lenient sentence scheme.

[The Solicitor General (Michael Ellis)]

The unduly lenient sentence scheme is an important avenue for victims, family members and the general public to ensure that justice is delivered in the most serious cases. That is why the Government have announced an extension to the scheme to cover further child sexual abuse offences such as those that involve the taking, distributing and publishing of indecent images of children. In 2018, the Law Officers referred one fifth of all eligible cases that were considered by my office to the Court of Appeal and, of those, 73% were found to be unduly lenient.

[Michael Tomlinson]

I am grateful to the Solicitor General for his answer. Can he set out how the new announcement on unduly lenient sentences will help victims of stalking?

[The Solicitor General]

The unduly lenient sentences scheme is extremely effective. It has now been in existence for some 30 years. It applies to myriad offences, but we wanted to extend the scheme to include 14 offences of a sexual nature, including child abuse and indecent images. The scheme now includes those and will do so in future. A range of other offences are available for consideration under the unduly lenient scheme that will serve to ameliorate the situation as far as the previous gaps were concerned.

[Bob Blackman]

I thank the Solicitor General for his answer thus far. What action is he taking to alert the victims of crimes, as well as the wider public, on the steps they should take to bring the scheme into operation, so that the public will understand that unduly lenient sentences should be a thing of the past?

[The Solicitor General]

We are very fortunate in this country to have a judiciary who get it right almost 100% of the time. Some 80,000 sentences were passed last year, and of those only about 100 had to be referred to the Court of Appeal and were found to have been unduly lenient. So they are few and far between, but my hon. Friend is right that victims should be aware of the available options if a sentence has been unduly lenient. The Crown Prosecution Service is doing everything it can to make sure that victims are so informed.

[Melanie Onn (Great Grimsby) (Lab)]

6. What recent discussions he has had with the Director of Public Prosecutions on ensuring more effective prosecutions of cases involving rape and other sexual offences.

--- Later in debate ---

[The Solicitor General (Michael Ellis)]

I engage with the Director of Public Prosecutions regularly on criminal justice issues, including rape and serious sexual offences. Both the director and I recognise the devastating impact that those horrific crimes have on victims. I met with the director only a week or two ago and again this week. The Crown Prosecution Service and my office have worked closely with criminal justice partners in the ongoing Government review of the response to rape and serious sexual offences.

[Melanie Onn]

What reason did the Director of Public Prosecutions give for the dreadful 51% drop in CPS prosecutions in these cases since 2014?

[The Solicitor General]

I am disappointed by the figures that the hon. Lady refers to and I appreciate that they are a cause for concern. However, I would emphasise that they are not indicative of a lack of commitment to prosecute by the Crown Prosecution Service, any of its prosecutors or the Director of Public Prosecutions. We believe that a number of factors have contributed to this. They include perhaps a fall in the volume of referrals from the police and an increase in the volume of digital data. We are looking at the situation closely and a review is under way.

[Kerry McCarthy]

There have been reports that the number of reported rapes, sexual assaults and harassment allegations in universities has trebled in the last three years, including worrying reports that universities are trying to carry out their own investigations of the assaults. What role does the Minister think that his Department can play in trying to ensure that those allegations are taken seriously and go through the proper judicial channels?

[The Solicitor General]

I have also heard about the increased statistics from universities, and I urge them to look carefully at how they handle those matters. It is a particularly sensitive issue which they should handle with professional assistance. The reality is that we must do everything we can to deal with those allegations immediately, sympathetically and appropriately in all the circumstances. They are devastating allegations and must be dealt with sympathetically and appropriately by universities and by everyone else.

[Ruth Jones]

I am alarmed to hear that police forces across the country are demanding highly personal records and data, including health, school and college records and even counselling notes, from potential rape victims before pressing ahead with their cases. Campaigners have long warned that victims will be put off going to the police by that intrusion into their lives. Can the Solicitor General outline what he is doing to combat that?

[The Solicitor General]

I thank the hon. Lady for that question. We want victims to have the confidence to come forward and report crimes. I do not want to see anything that disincentivises victims from making proper reports of crimes. The police and the Crown Prosecution Service continue to work with victims groups that specialise in this area, and with the Information Commissioner’s Office when it comes to digital disclosure, to ensure that their approach achieves the necessary balance between the requirement of reasonable lines of inquiry and the victim’s privacy.