Oral Answers to Questions

Michael Ellis Excerpts
Thursday 10th December 2020

(3 years, 3 months ago)

Commons Chamber
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Martyn Day Portrait Martyn Day (Linlithgow and East Falkirk) (SNP)
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What recent assessment she has made of the effectiveness of the CPS’s policy on the prosecution of immigration offences.

Michael Ellis Portrait The Solicitor General (Michael Ellis)
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The CPS is committed to prosecuting immigration crime to protect UK borders, and, in particular, to bring to justice those who exploit and facilitate the entry of illegal migrants. The CPS has clear and published policy guidance on the prosecution of immigration offences that reflects the memorandum of understanding agreed between the CPS and Home Office Immigration Enforcement.

Martyn Day Portrait Martyn Day [V]
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The offence of facilitating unlawful immigration has previously been used, quite rightly, to tackle smuggling gangs and traffickers, but in recent months the Crown Prosecution Service has started prosecuting refugees crossing the channel simply because they were the unlucky ones forced to steer the boat. As the chief inspector of borders has made clear, these people are victims of the gangs—they are not gang members—so why are they being prosecuted and put in prison, contrary to the spirit of UN protocols and the published CPS guidance?

Michael Ellis Portrait The Solicitor General
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The CPS has not changed its policy on prosecuting immigration offences. The joint approach between the CPS and Immigration Enforcement is to consider prosecution for anyone who has been involved in organising and planning these journeys—I emphasise, the organising and planning—together with those responsible for controlling the vessels. As always, every case has to be considered on its merits and on the facts, and decisions must be in line with the code in the usual way. Prosecutors have to be satisfied about that, and prosecutors understand their obligations.

Stuart C McDonald Portrait Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)
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The Solicitor General referred to prosecuting the people who control the vessels, but they are, as my hon. Friend the Member for Linlithgow and East Falkirk (Martyn Day) said, the victims of these gangs—not members of the gangs—so there has been a change in CPS policy and practice. If he wants to prove me wrong on that, will he publish the new note or guidance on this offence that I understand was issued to CPS lawyers last month, and will he also publish details of any representations made by the Home Office in the last 18 months in relation to this offence?

Michael Ellis Portrait The Solicitor General
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As I say, the policy is clear on prosecutors’ obligations. They have obligations—the obligations that we have under article 31 of the refugee convention—and it is well to point out that those obligations are actually enshrined in our domestic legislation, here in this honourable House. The domestic legislation in section 31 of the Immigration and Asylum Act 1999 is quite clear in this area. Those who facilitate, control and engineer these offences are subject to prosecution.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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What plans the CPS has to deliver improvements to services in (a) Northamptonshire and (b) England from the additional funding announced in the Spending Review 2020.

Jerome Mayhew Portrait Jerome Mayhew (Broadland) (Con)
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What the CPS plans to deliver with the additional funding announced in the spending review 2020.

Michael Ellis Portrait The Solicitor General (Michael Ellis)
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The Government are investing across the justice system, with a further £23 million for the CPS, on top of £85 million invested over the past two years. That investment will enable the CPS to respond effectively to the increase in caseload that we expect; we are recruiting 20,000 new police officers. That will strengthen our response to things like rape and serious sexual offences.

Investing in the CPS demonstrates this Government’s commitment to securing justice for victims of crime. I am pleased to say that funding will support the recruitment of new roles across England and Wales, including in CPS East Midlands, which covers Northamptonshire—both my county and my hon. Friend’s county.

Philip Hollobone Portrait Mr Hollobone
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Advocates for defendants at Northampton Crown court are regularly using the fact that their client has waited so long for justice during the pandemic as mitigation when seeking a lesser sentence from the judge. How is the Crown Prosecution Service countering such pleas so that convicted criminals receive the tougher sentences that the public want to see?

Michael Ellis Portrait The Solicitor General
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I am grateful to my hon. Friend for mentioning Northampton Crown court, at which I appeared for many years, both prosecuting and defending. Sentencing is a matter for the courts. The CPS prosecutors will assist the courts when it comes to sentencing to ensure that all relevant factors are brought to the court’s attention when considering a sentence.

Courts do have to have regard to guidance that the Sentencing Council publishes on sentencing principles, including during the covid pandemic. That includes advice that each case must be considered on its own facts. The court has an obligation—my hon. Friend is right to raise this—to protect the public and victims of crime, and sentencing by our judiciary is actually very robust. It is right, though, that judges hear mitigating features as well as aggravating features. They do that, and they sentence accordingly.

Jerome Mayhew Portrait Jerome Mayhew
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The Government should be commended for bringing down the number of outstanding Crown court cases, prior to covid, to a 10-year low, but of course the social distancing requirements of covid have changed the situation. Is the Crown court system now keeping up with the current inflow of cases? If not, how are the Government going to get a handle on the backlog?

Michael Ellis Portrait The Solicitor General
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I thank my hon. Friend for his question, which is well made. We have unlocked vital capacity by opening 16 so-called Nightingale courts to provide 29 extra courtrooms, 10 of which are being used for non-custodial types of cases and jury trials. We are continuing to open more Nightingale courts. We are spending £110 million on a range of emergency measures to help courts to tackle the impact of covid-19. We have recruited 1,600 additional staff, who are using the cloud video platform, and that continues to increase: virtual hearings are taking place more than ever. That has now been rolled out to over 150 magistrates courts and about 70 Crown courts. A lot of work is being done to increase capacity, but my hon. Friend is very right to raise this.

Tony Lloyd Portrait Tony Lloyd (Rochdale) (Lab)
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What steps she has taken to increase the number of prosecutions relating to rape and sexual assault.

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Catherine West Portrait Catherine West (Hornsey and Wood Green) (Lab)
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What assessment she has made of the adequacy of CPS resources to tackle domestic abuse prosecutions arising from the covid-19 lockdown.

Michael Ellis Portrait The Solicitor General (Michael Ellis)
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The CPS is determined to bring perpetrators of domestic abuse to justice and provide protection for victims in spite of the pandemic. I have personally presented cases in the Court of Appeal where I have felt that sentences were too low in this area of law. Following the £85 million uplift awarded last year, CPS recruitment has continued to boost our resources and ensure that cases progress through the courts.

Catherine West Portrait Catherine West
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The Solicitor General will be aware of the 88% increase in case load and the 23% drop in resources to deal with that. What urgency can he inject to deal with this burning issue?

Michael Ellis Portrait The Solicitor General
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The hon. Member is right: it is a burning issue and a very important one. Domestic abuse cases are among our highest priorities in the court system, being dealt with by the criminal justice system. They continued to be afforded a higher priority as social distancing restrictions were eased. That was reinforced in guidance for judges about listing in magistrates courts issued by the senior presiding judge for England and Wales, and the CPS is working across Government. We are at one on this. We recognise it as a priority. Domestic abuse cases are appalling, and they remain among our highest priorities.

Andrea Leadsom Portrait Andrea Leadsom (South Northamptonshire) (Con)
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My right hon. and learned Friend will be aware that up to 30% of domestic violence starts during pregnancy, so can he tell me what the CPS is doing to protect vulnerable babies from that toxic environment, which has such a profoundly damaging impact on their lifelong potential?

Michael Ellis Portrait The Solicitor General
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I am full of admiration for the work that my right hon. Friend does in this area. She is a powerful and committed advocate for this cause. She is undertaking some work for the Prime Minister, which I know the Government are eagerly awaiting. Tackling domestic abuse and supporting victims is a key priority for this Government, now more than ever. The Domestic Abuse Bill and the wider action plan will help to protect and support victims and their children. All NHS staff must undertake mandatory safeguarding training nowadays, which includes a focus on domestic abuse, so that they can pick it up. The new “Working Together to Safeguard Children” arrangements help to strengthen the multi-agency approach of partnership and collaborative working.

Pauline Latham Portrait Mrs Pauline Latham (Mid Derbyshire) (Con)
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What recent sentences she has extended through the unduly lenient sentence scheme.

Michael Ellis Portrait The Solicitor General (Michael Ellis)
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The Court of Appeal has this month increased sentences referred by me for a range of offending. Those have included the supply of drugs in one of Her Majesty’s prisons, the possession of firearms, and the rape of a victim who was asleep combined with the making of indecent images and recordings.

Pauline Latham Portrait Mrs Latham
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Does my right hon. and learned Friend agree that the purposes of sentencing include public protection as well as punishment, and that is important for the unduly lenient sentence scheme?

Michael Ellis Portrait The Solicitor General
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My hon. Friend is entirely right about public protection. It is one reason why, exceptionally, I will refer a case involving a dangerous offender, for example. In two separate cases this year—one involving a stabbing, and the other involving rape, where both the victims were lone females—the offenders had their original sentences extended following my reference to the Court of Appeal to properly reflect the dangerousness of their offending. She is quite right to highlight this point, and that work will continue.

Lindsay Hoyle Portrait Mr Speaker
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In order to allow the safe exit of Members participating in this item of business and the safe arrival of those participating in the next, I am suspending the House for a few minutes.