Oral Answers to Questions

Michael Ellis Excerpts

Thursday 16th January 2020 Commons Chamber

[Dame Diana Johnson (Kingston upon Hull North) (Lab)]

1. What recent discussions he has had with the Director of Public Prosecutions on the effectiveness of the CPS in prosecuting cases involving domestic violence.

[The Solicitor General (Michael Ellis)]

The Crown Prosecution Service takes domestic abuse cases extremely seriously and is determined to bring perpetrators to justice and to provide victims with the greatest possible protection from repeat offending. In 2019, the CPS led the implementation of a national domestic abuse best practice framework for magistrates court cases, which aims to ensure consistent good practice from investigation right through to court by criminal justice agencies involved in domestic abuse casework.

[Dame Diana Johnson]

I have previously mentioned the shocking statistic that Hull has enough domestic abuse perpetrators to fill our football stadium, which holds 25,000 people. Some 746,000 domestic abuse crimes have been recorded nationally, which is up 24% in a year. However, referrals from the police to the CPS have gone down by 11%. Will the Minister explain what he intends to do about that?

[The Solicitor General]

Before I answer, may I take this opportunity to congratulate the hon. Lady on her damehood? It is richly deserved. She asks an important question. National implementation in this area is overseen at a multi-agency level, and it is a priority for the Government and the CPS to work to improve the statistics. There has actually been a 21.6% rise in prosecutions for violence against women and girls, an increase in charging and prosecution of offences of stalking—80% of stalking cases happen in a domestic abuse context—and a rise in prosecutions for controlling and coercive behaviour. However, I accept that more needs to be done, and that is a priority for the Government and the CPS.

[Alex Chalk (Cheltenham) (Con)]

The CPS’s ability to successfully prosecute offences of domestic violence, or indeed any offence, is being undermined by prisoners not being produced at court—a trial at the Old Bailey has sat idle for two days this week for that reason. Does my right hon. and learned Friend agree that more needs to be done to hold those responsible for such an important job to account so that courts are not lying idle, affecting victims and witnesses? Frankly, it is a crazy situation that is not fair on the taxpayer.

[The Solicitor General]

That is a very good point, and my hon. Friend has considerable experience of prosecutions and the court system. The reality is that we expect those who are responsible for delivering defendants to court to do so efficiently, and of course, in the vast majority of cases, they do that. If there are cases that he wishes to bring to my attention so that I can make direct inquiries, he should please do so.

[Afzal Khan (Manchester, Gorton) (Lab)]

2. What assessment he has made of the potential effect on the protection of human rights of the UK leaving the EU.

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[Sally-Ann Hart (Hastings and Rye) (Con)]

8. What steps the CPS is taking to improve the prosecution rate for hate crimes.

[The Solicitor General (Michael Ellis)]

The CPS is committed to tackling hate crime, working closely with partners across government under the hate crime action plan. The CPS has trained its prosecutors, drawing on expertise and insight from key community groups, and has established national and local scrutiny panels to inform decision making. As a result, last year the number of convictions for hate crimes with a recorded sentence uplift increased to 73.6%, the highest rate yet.

[Bob Blackman]

I thank my right hon. and learned Friend for that answer. Antisemitism and hate crimes are on the rise right across this country. What further action can he take to make sure that the perpetrators are brought to justice and we eliminate hate crime forever?

[The Solicitor General]

I thank my hon. Friend for that question. He is right to be concerned about this issue. The rise in antisemitism is significant. One thing that has been happening is that mandatory hate crime training for the CPS has been developed, with community involvement, including that of the Community Security Trust. That has been delivered, and the CPS has refreshed a guide for lawyers on antisemitism, with the assistance of that trust. The guide includes key aspects of the law and victim support. We must do everything we can to stamp out this scourge of antisemitism.

[Sally-Ann Hart]

I thank my right hon. and learned Friend for his response. The internet has hugely positive values, but it can allow the spread of hate crime behind a veil of anonymity. What steps is his Department taking to ensure that crime online attracts and is subject to the same penalties in law as offline crime?

[The Solicitor General]

The proportion of hate crime convictions with an announced and recorded sentence uplift has increased from just 12.1% in 2014 to 73.6% now. My hon. Friend is right about online instances of hate crime, and the hate crime conviction rate has also increased in the past decade significantly. It now stands at 84%, but we are continuing to work on dealing with the issue of hate crime online.

[Peter Kyle (Hove) (Lab)]

Overall prosecutions have fallen from a quarter to only one in 10. Why is the CPS prosecuting so few people for hate crime? Why is the number of prosecutions falling, not rising? Is that not deterring people from reporting hate crime in the first place?

[The Solicitor General]

There is considerable evidence that people are particularly concerned about hate crime, and I do not think they are being put off making complaints to the police about that. We are constantly liaising at the Crown Prosecution Service with local police forces about their conduct, and we focus very much on getting results in instances of hate crime. As I have said, the number of convictions for hate crime has increased to its highest ever level.[Official Report, 20 January 2020, Vol. 670, c. 2MC.]

[Jim McMahon (Oldham West and Royton) (Lab/Co-op)]

There is no doubt that the rise of Islamophobia is causing real concern and fear in the community, and particularly in the community that I represent in Oldham. The online platforms have been allowed to self-regulate for far too long. It would be easy for them to have a simple “report it once” button that automatically feeds through to the police. Will the Government do far more to make sure that victims are protected and that we raise the tone of the debate in our politics?

[The Solicitor General]

The hon. Gentleman is right to focus on this issue. The issue of Islamophobia is of particular concern, as are all forms of hate crime. We see examples of cases in this area being robustly prosecuted throughout the country, and likewise we see examples of courts recognising the seriousness of these offences with exemplary sentences. The sentencing tribunal has noted that such sentences have been increased because of the Islamophobic or antisemitic element, or because of elements relating to other areas of hate crime. That is right and should be a warning to all.

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

4. What progress he has made on the implementation of the extension of the unduly lenient sentence scheme.

[The Solicitor General (Michael Ellis)]

The ULS scheme is an important avenue for victims, family members and the public to ensure that justice is delivered in the most serious cases, which is why the Government have extended the scheme to cover further child sexual abuse offences, as well as some domestic abuse offences, including controlling and coercive behaviour. The remit of the scheme remains under constant review.

[Michael Tomlinson]

I am grateful to the Solicitor General for his answer. It is absolutely right that the most serious sentences are reviewable, but will he also ensure that there is always a path towards rehabilitation, and even redemption?

[The Solicitor General]

My hon. Friend is quite right. It has always been recognised in our criminal justice system that punishment includes not only deterrence but rehabilitation. That is something we seek to do in our sentencing regime and in our criminal justice system generally. My hon. Friend is right to highlight that feature.

[Eddie Hughes]

I am glad to hear what the Solicitor General has to say, because the people of Willenhall and Bloxwich certainly do not want to see unduly lenient sentences for those convicted of rape, murder or terrorism. When there is a referral under the scheme, how often is the sentence increased?

[The Solicitor General]

The number of sentences considered by the Law Officers—the Attorney General and me—has trebled since 2010. There were approximately 1,000 referrals last year, of which 86 cases were referred to the Court of Appeal and 50 offenders had their sentences increased.

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

I often ask this question because it is a little campaign of mine. When people get unduly severe sentences, I write to the Solicitor General. It is usually women sentenced for a non-violent crime who get a long, disproportionate sentence. Does he welcome that kind of communication from Members? What does he do about that communication when he gets it?

[The Solicitor General]

I always welcome communication from the hon. Gentleman and, in fact, from any Member. The issue of manifestly excessive sentences is one for the defence in each case, and there are mechanisms by which, within a time limit, defence lawyers can appeal to the Court of Appeal against a sentence that they consider to be manifestly excessive. It is not a matter for the Law Officers; we deal with unduly lenient sentences.

[Chris Bryant (Rhondda) (Lab)]

Assaults on emergency workers continue to increase, particularly against ambulance workers and people working in the NHS and in the police. Surely that is a disgrace. I have yet to see a single sentence handed down in such cases that is not unduly lenient. One reason for that is that the Sentencing Council has still not introduced any guidelines in relation to assaults on emergency workers since the Assaults on Emergency Workers (Offences) Bill became an Act more than a year ago. Will the Solicitor General ring up the chaps or the women who run the Sentencing Council and ensure that we get proper sentences for people who attack our emergency workers?

[The Solicitor General]

I think I can provide some reassurance because I have seen some cases where sentences have clearly been imposed for the offence mentioned by the hon. Gentleman, who played a large part in bringing about the legislation. Assaults on emergency service personnel are serious aggravating features in many cases and I know that they are already being prosecuted. The Sentencing Council is clearly looking at a number of offences, and I am sure that they will look at that one in due course.