Michael Tomlinson
Main Page: Michael Tomlinson (Conservative - Mid Dorset and North Poole)Department Debates - View all Michael Tomlinson's debates with the Attorney General
(2 years ago)
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Geraint Davies (Swansea West) (Lab/Co-op)
The Solicitor General (Michael Tomlinson)
The Government are committed to tackling violence against women and girls, and we have enacted a multitude of new offences designed to target predatory behaviour and to ensure that perpetrators are brought to justice. That includes stalking, coercive and controlling behaviour and upskirting. Further, in the year ending June 2022, prosecutions for rape offences were 49% higher compared with pre-covid levels.
Vicky Foxcroft
Lewisham has some of the highest domestic abuse-related crime levels in London and that appears to be increasing. One of the main challenges in capturing accurate pictures of the levels of violence against women and girls in Lewisham is due to under-reporting by victims. A critical issue for my constituents remains the lack of trust in the system, so what are Ministers doing to restore public trust and increase prosecution rates? The low levels of prosecutions cannot continue.
The Solicitor General
I am grateful to the hon. Lady for her question, and she is right that we need to see an increase in prosecution rates. The rape review action plan is looking at three key metrics: referrals, charge volumes and Crown court receipts. In each case, she will be pleased to know that the figures are up and moving in a positive direction. She is also right about the issue in relation to victims, and independent sexual violence advisers will help in that regard.
Kate Osborne
The commitment to introducing specialist rape courts has not been met. Instead, there is a pilot scheme in just four locations, yet survivors cannot select where their cases are heard. Each day in the UK, there are around 300 rapes, of which around 190 are reported. Of those, only three rapists will see the inside of a courtroom, never mind a prison cell, and the rest will be free to abuse and rape again. Over the Christmas period, the number of rapes rises, so will resources be put in place to ensure that cases reported to the Government’s new 24-hour hotline are actually prosecuted?
The Solicitor General
I am grateful to the hon. Lady for mentioning the new hotline. It is right that, overall, prosecutions are up 49% and convictions for rape are up 41%, but she is right in what she says. There are three pilot areas for rape courts, but each and every Crown court can take on rape cases, and I am determined to see prosecutions and convictions rise.
Dr Caroline Johnson (Sleaford and North Hykeham) (Con)
For women who have been raped, the time that that takes to come to court, when it does come to court, is too often long and traumatic. What is my hon. Friend doing to ensure that the time is shorter for all concerned?
The Solicitor General
I am grateful to my hon. Friend for raising that issue. Timeliness is clearly important in ensuring that victims stay with and continue to support prosecutions—she is absolutely right. As for the number of days between police referral and Crown Prosecution Service charge, that has been moving in the right direction and was 29 days faster in the last quarter. However, to strike a note of caution, it is important to ensure that the evidence is right and, on occasions, that can take time.
James Daly (Bury North) (Con)
I acknowledge the progress that the Government are making on this issue, but at the heart of the matter is the lack of referrals from the police to the CPS, especially in rape cases. At present, we have a charge-out rate of around 1.7%, and that has to change.
The Solicitor General
I pay tribute to my hon. Friend, who brings considerable experience to the Chamber and to the Justice Committee. As he will have heard, charge rates are one of the key metrics. The overall figure is 72.8%. In comparison, the figure for all crime is 78.8%, which is not that far off. He will be pleased to know that, in his local area, the charge rate is increasing.
Sir James Duddridge (Rochford and Southend East) (Con)
Although I welcome the absolute increase in the number of rape prosecutions in Essex, the percentage of prosecutions is still pitifully low. What more can the Attorney General do to help excellent police and crime commissioners such as Roger Hirst and Members of Parliament across Essex to improve the situation?
The Solicitor General
I thank my hon. Friend for his question and for championing his local area, and he is right. One thing that we can do is to support victims, and we are doing that, not least through the ISVAs. When victims have that help and support, they are 49% more likely to stay with the programme and to continue to support and progress through the criminal justice system.
Emily Thornberry (Islington South and Finsbury) (Lab)
I believe that the Solicitor General is now an old hand at this, but may I welcome the new Attorney General to her place?
As the Solicitor General will know, an estimated one in five women in this country have experienced the daily misery of being stalked and the constant fear that their stalker may one day attack them. In the year ending March 2022, almost 120,000 stalking offences were reported to the police, but less than 6,000 of those reports resulted in a charge. That is a charge rate of just 5%, compared with 7% the year before. Does the Solicitor General think that is good enough?
The Solicitor General
I am grateful to the right hon. Lady for her warm welcome to me and to the Attorney General. She is right to raise the issue. I would gently point out that stalking was created an offence under this Government; I pay tribute to my predecessor, my hon. and learned Friend the Member for Cheltenham (Alex Chalk), for all his work in the area.
The right hon. Lady is right to highlight that prosecution rates and charge rates are not high enough. She will have seen from the action plan that I have referred to that we are determined to see them increase. The Attorney General and I keep a very close eye on the matter.
Emily Thornberry
I appreciate the seriousness with which the Solicitor General approaches these issues but, as he will know, a formal complaint has been submitted by the Suzy Lamplugh Trust and 20 other members of the National Stalking Consortium, asking for an investigation into the overall handling of stalking cases. Whatever the outcome of that process, may I ask him to take on board the recommendations that the consortium has submitted alongside its complaint and to ensure that, at every level of the criminal justice system, stalking is treated with the seriousness it deserves?
The Solicitor General
I pay tribute to the right hon. Lady for the tone that she is striking. She is absolutely right to highlight this issue. The Attorney General and I will look at it incredibly closely, of course, and we will do exactly as the right hon. Lady says.
Angela Crawley (Lanark and Hamilton East) (SNP)
May I also take the opportunity to welcome the Attorney General to her place? A commitment to protecting women and girls should mean protecting all women and girls. Safeguards protecting against gender-based violence must be extended to migrant women. What representations has the Attorney General made to the Home Office to ensure that migrant women are offered the same protections as other women in the UK, and to ratify the Istanbul convention fully and without reservation?
The Solicitor General
I know that my right hon. Friend the Attorney General will be very grateful for the hon. Lady’s welcome. The Attorney General works incredibly closely with the Home Office on the issue; more broadly, in relation to victims, she works incredibly closely with the Home Office and with the Ministry of Justice. It is not in isolation, but with our three Departments, that we can make progress.
Sally-Ann Hart (Hastings and Rye) (Con)
The Solicitor General (Michael Tomlinson)
I recently met frontline prosecutors in Bristol, Devon and London to see at first hand the work being undertaken to tackle the backlog. The CPS has created a national surge team that could be deployed to any region in England and Wales to relieve casework pressures.
Andy Slaughter (Hammersmith) (Lab)
I welcome the new Attorney General to her position. However, the backlog is still going up. Last week a solicitor was jailed for 12 years for a £10 million fraud after a private prosecution that was brought because the CPS had taken no action. Last year the prosecution rate for fraud, the most commonly experienced crime, was 0.5%, and for the past five years the average number of prosecutions initiated by the Serious Fraud Office has been four. Is the Attorney General’s solution to the backlog not to prosecute cases at all, and is this not a pathetic record of inaction by a Government who have gone soft on crime?
The Solicitor General
I disagree with the hon. Gentleman’s last two points. We all want to see the backlog reduced as quickly as possible, and the Ministry of Justice is leading the development of a cross-Government Crown court recovery plan. It is through, for instance, technology, sentencing blitzes and pre-trial case resolution hearings that we can help to reduce the backlog.
Daniel Zeichner (Cambridge) (Lab)
The police in Cambridge have raised with me the time that they spend on preparing cases for the CPS, but it has also been suggested that simple tweaks to data protection laws and the information recorded on the Registry of Judgments, Orders and Fines could make a real difference. Has the Attorney General considered any of these simple steps?
The Solicitor General
I have had several meetings with both the CPS and the police. It is important for them to work together. When it comes to, for example, prosecutions for rape and serious sexual offences, it is important for early advice to be sought and for co-operation to be seen between the police and the CPS. As for disclosure issues more widely, the Attorney General and I are looking at those very closely.
The Solicitor General
That pleasure falls to me, Mr Speaker. I am grateful to my hon. Friend for his kind words, as I know the Attorney General is. He is right to highlight the words of the Director of Public Prosecutions, and he will know that the Attorney General and I work closely with the director and listen carefully to what he says.
Kevin Foster (Torbay) (Con)
The Solicitor General (Michael Tomlinson)
In the vast majority of cases, judges get sentencing right. The Court of Appeal grants permission to refer a sentence only in exceptional circumstances, and over the last five years the Court of Appeal has increased the sentence in around 70% of cases.
Kevin Foster
My hon. Friend will be aware that the recent publication of statistics regarding the operation of the unduly lenient sentencing scheme during 2021 indicated 151 referrals to the Court of Appeal. How many of those referrals under the scheme followed representations from the victim of a crime to the Attorney General’s Office about the sentence given, and what is being done to ensure that victims are aware of their ability to do that?
The Solicitor General
My hon. Friend knows a lot about the scheme and has long-term interest in it. Of those 151 cases, only eight were referred by victims and a further nine by a member of a victim’s family, and that is not just an aberration for that year; it is a consistent trend. We regularly publish updates on the outcome of these sentences, and the revised victims code includes details of the ULS scheme.
Gavin Robinson (Belfast East) (DUP)
Would the Solicitor General recognise that whenever people in this country try to have a debate around mandatory minimum sentences there is an automatic superficial reaction that talks about the need for judicial discretion, yet there are crimes for which we as a Parliament should be clear as to the appropriate sentence that people ought to expect? [Interruption.]
Mr Speaker
Order. I just want to remind Members not to walk in front of other Members—[Interruption.] Mary Kelly Foy, you walked right in front of the Member who was asking the Minister a question. Please can we all wait, to help each other?
The Solicitor General
The hon. Member for Belfast East (Gavin Robinson) always raises a serious point in relation to these issues. It is right to acknowledge that in the vast majority of cases the sentencing judges get it right, but when Parliament sets down the guidelines and the ambits, they should be followed closely.
Alan Brown (Kilmarnock and Loudoun) (SNP)
Mr Virendra Sharma (Ealing, Southall) (Lab)
The Solicitor General (Michael Tomlinson)
Last year the Crown Prosecution Service prosecuted 7,200 defendants where fraud and forgery were the principal offence, and the conviction rate was 84.1%. This financial year, the Serious Fraud Office has successfully prosecuted four fraudsters, as well as Glencore, which resulted in the highest ever order in a corporate criminal conviction in the UK.
Liz Twist
There were almost 940,000 fraud offences in the latest Home Office data, but only around 4,800 of those offences resulted in charges or summonses. The exact charge rate was just 0.51%, which is even lower than the rate of the previous year. Why does the Attorney General think the charge rate for fraud is so abysmally low? What does she plan to do about it?
The Solicitor General
The figures show that, last year, the CPS prosecuted 7,200 defendants where fraud and forgery were the principal offence, and the conviction rate was 84.1%. In April 2022, the CPS launched a united team, and a new serious economic, organised crime and international directorate has been set up to help in that regard.
Mr Sharma
It is a simple fact of life that we cannot tackle a problem if we do not know the scale and nature of that problem. Does the Attorney General agree that the Government need urgent answers to three basic questions, “What is the total scale of fraud in the UK? How much of it is perpetrated from overseas? And how much of it is perpetrated by organised crime?”? Can we have an answer to any of those questions today?
The Solicitor General
Both the CPS and the SFO play a significant role in tackling fraud and economic crime, and we should not gloss over the successes that there have been. Once again, I pay tribute to the SFO for its successful prosecution of Glencore, which resulted in a £280 million total payment, the highest ever that has been ordered in a corporate criminal conviction in the United Kingdom.
Mr Speaker
His Majesty the King is visiting Parliament next Wednesday. Between 3.15 pm and 3.45 pm, the sitting of both Houses will be temporarily suspended. His Majesty will be unveiling a plaque in Westminster Hall, and then unveiling and switching on the platinum jubilee gift from Members of both Houses in New Palace Yard. Members wishing to attend either location should email Black Rod’s office by 4 pm tomorrow.
Before we come to Prime Minister’s questions, I would like to point out that the British Sign Language interpretation of proceedings is available to watch on parliamentlive.tv.