Sexual Abuse Offences

Oliver Heald Excerpts

Monday 3rd December 2012 Commons Chamber

[The Solicitor-General (Oliver Heald)]

I congratulate my hon. Friend the Member for South West Devon (Mr Streeter) on securing this debate. He is one of the most respected Members of the House—a solicitor who has practised in the courts and who is known for his passion and his commitment. I pay tribute to the active role he plays in supporting his constituents.

This evening my hon. Friend has pointed to issues about a specific case and the decisions taken by the Crown Prosecution Service, and he has also raised some wider matters about the approach that prosecutors take. He raised four key areas of concern about the case: whether the original decision to prosecute was right; the later decision to offer no evidence; how that decision was communicated to the complainants; and the effect of the decision on them.

My hon. Friend has been in correspondence with Barry Hughes, the chief Crown prosecutor for the south-west, and I believe that a meeting has been arranged for tomorrow to discuss these matters further. My hon. Friend is right to be concerned for his constituents, who after many years plucked up the courage to report serious sexual offences to the police. It is in the public interest for such reports to be made, however long ago the alleged offences occurred.

The charges in the case relate to a number of serious sexual offences, including rape. The prosecution was commenced and preliminary hearings took place in September and October 2011. The decision not to proceed with the prosecution was made in early January 2012, following further consideration, and the case was dismissed when the CPS offered no evidence at the plea and case management hearing on 9 January 2012.

My hon. Friend will be aware from his experience that the code for prosecutors provides a test in two parts as to whether a case should be pursued. The first is the evidential test and the second the public interest test. There is also a duty for the prosecutor to keep the issue under review as the case proceeds. If at any time the code test is not, or is no longer met, a prosecution cannot proceed.

In this case the allegation was a serious one and related to offences more than 50 years ago, which is a long passage of time, but the reviewing CPS lawyer was mindful of that delay and the potential difficulties. He gave careful consideration to the matter and authorised the police to make charges. At that point, counsel was instructed to conduct the case and advise, which is entirely normal procedure, and he did. He looked at the issue of the potential difficulties with the age of the allegations.

The assessment of how likely it is for a prosecution to succeed in such circumstances is not entirely straightforward. The prosecutor has to consider, on the particular facts of the case, the likelihood of the court deciding that the delay may prejudice a fair trial, and the prosecution has to be stopped if it is felt that there is a risk that an application on abuse of process would succeed.

In this case, once the CPS specialist rape prosecutor who was dealing with the case had the benefit of advice from counsel, he considered that a defence application to the court to stop the proceedings would be likely to succeed. The prosecution was, therefore, no longer satisfied that the test in the code for Crown prosecutors was met and the decision not to continue was taken reluctantly by the CPS, mindful of the distress that it could cause the complainants. It does not follow from that decision, however, that the complainants were or are not believed. Put simply, the decision was taken because, in this particular case, the passage of time may have undermined the fairness of proceedings on the individual facts.

I understand that on 5 January 2012, the police informed the complainants that no evidence would be offered at court and then confirmed to the prosecutor that this had taken place.

No evidence was offered at court and the case was dismissed on 9 January. Within 24 hours, the CPS wrote to the complainants informing them of the outcome and offering a face-to-face meeting. Two of the three complainants accepted the offer and a meeting took place on 27 April 2012. My hon. Friend has attended such a meeting with the complainants, the CPS and counsel, and I have learned with regret that the meeting was not satisfactory and did not provide the reassurance sought about the decision making in the case.

Before I come to my hon. Friend’s four points, I will deal with the wider issues. The CPS has made a huge effort over recent years to improve the prosecution of offences of serious violence and violence against women and girls. Since 2001, it has produced a great deal more guidance on domestic violence, rape and sexual offences, prostitution, human trafficking, and children and young people. There is a major effort to offer support to victims and witnesses. I have a particular interest in this area as a member of the inter-ministerial group formed to discuss these issues.

Between 2007-08 and 2011-12, the CPS prosecuted almost 20,000 more cases each year involving violence against women and girls. The number of convictions has risen accordingly and we now have the highest conviction rate on record. In rape prosecutions, there has been a 4% increase in the conviction rate year on year. That rate is continuing to increase. Rape cases are now prosecuted by specialist rape prosecutors in all CPS areas, who must satisfy a set of criteria that include attending compulsory training. Rape and serious sexual offences training is based on real-life evidence and includes experts from outside the CPS, including from the voluntary sector.

My hon. Friend mentioned the Savile case and the prosecution of cases of child sexual exploitation. The investigation and prosecution of such cases is particularly important to the Director of Public Prosecutions, who has led a review of the Rochdale case, which my hon. Friend will recall was particularly concerning. The DPP recently held a meeting with the CPS, the police and the third sector. Guidance on how such cases should be dealt with by prosecutors is due in the new year.

I will now turn to my hon. Friend’s specific questions. The initial decision to prosecute was taken by a specialist rape prosecutor. It is important to bear it in mind that abuse of process is complex and is dependent on the individual facts of the case. An initial view of a case can change during the course of the prosecution and, as the case develops, it must be kept under review. That is what happened here.

My hon. Friend asked what this case means for other allegations of abuse that took place 30 years ago or more. The CPS decision in this case was based on its individual facts. The CPS regularly prosecutes cases that go back more than 30 years. The Attorney-General and I refer cases in which the sentence is unduly lenient to the Court of Appeal and we have done that recently in abuse cases that go back many decades and that involve defendants who are over 70 years of age.

On the consultation with the complainants, the police informed the complainants of the decision before the prosecution was dropped and face-to-face meetings were offered, as I have said. However, I accept that those meetings did not provide the reassurance that my hon. Friend would have wanted.

The final point relates to the CPS’s subsequent handling of the explanation of the decision. In response to the comments of the defendant’s representative to the Plymouth Herald, the CPS district Crown prosecutor made a statement in general terms about the CPS’s decision making in the case, and there was also a statement by a police spokesman. However, I appreciate my hon. Friend’s concern on behalf of his constituents that more might have been said to correct the impression, created by the comments of others, that the CPS’s decision was based on anything other than the factors to which I have referred.

I would like to make it clear that I, the Attorney-General and the DPP are determined that cases of sexual violence are prosecuted robustly, with proper consideration for victims and witnesses. Although we do not direct the DPP on how to act, we meet him regularly to discuss these matters. I was sorry to hear the concerns that my hon. Friend outlined, but I am grateful to him for bringing this case to my attention. Although it is not possible to reopen the case, I will ensure that these matters are drawn to the attention of the DPP. I hope that my hon. Friend has a positive meeting with the chief Crown prosecutor tomorrow and I invite him to discuss the matter with me further after that if he wishes to do so.

Question put and agreed to.