Oral Answers to Questions

Oliver Heald Excerpts

Tuesday 4th June 2013 Commons Chamber

[Graham Evans (Weaver Vale) (Con)]

1. What steps the Crown Prosecution Service has taken to improve the conviction rate for rape since 2010.

[The Solicitor-General (Oliver Heald)]

In the past three years, the conviction rate for rape has continued to increase steadily. In the calendar year 2010, the conviction rate was 59.1%; it then went to 61% and then to 64.3%, which reflects the commitment of the Crown Prosecution Service to robust prosecution of rape offences.

[Graham Evans]

Does my hon. and learned Friend agree that part of the reason for the increase in conviction rates is the training of specialist prosecutors by the CPS?

[The Solicitor-General]

Yes, my hon. Friend makes an important point. The Director of Public Prosecutions has led the training of specialist CPS rape prosecutors, 800 of whom have now been trained, and they have done a wide range of units to ensure that they are fully aware of all the ways that it is necessary to prosecute such cases.

[Helen Goodman (Bishop Auckland) (Lab)]

Some of the victims are children, and one reason why conviction rates are low is the way in which they are treated during the trial process. It is disgusting that small girls are further abused by grown men, being taunted for hours on end as liars. What will the Solicitor-General do about it?

[The Solicitor-General]

The hon. Lady makes a very important point about the way in which the cases are conducted, and there is a role for advocates and judges in ensuring that cases are dealt with properly. “The Advocate’s Gateway”, a guidance document by the Advocacy Training Council that has had input from the legal profession and the judiciary, has recently been launched. It deals particularly with this issue, and I think it will make a major contribution to the way in which cases are handled.

[Sir Alan Beith (Berwick-upon-Tweed) (LD)]

Is the Solicitor-General satisfied that the CPS is making timely application for special measures in cases involving young victims in sex offences, and that lessons have been learned from some of the cases that went badly wrong?

[The Solicitor-General]

Yes; in fact it has been a priority of the Director of Public Prosecutions to ensure that. We can always strive for a better performance, but as the results show, the CPS is making a major effort to tackle the cases effectively.

[Mr George Howarth (Knowsley) (Lab)]

The Solicitor-General will be aware that in the year up to September 2012, 1,243 sex offences resulted in a caution. Does he agree that it would be helpful to know a lot more about those cases, and to look at how they might impact on the conviction rates and how those offences are dealt with?

[The Solicitor-General]

Yes, research is important in this area. I sit on a ministerial group on violence against women and girls that is trying to examine these issues, with the help of the voluntary organisations. The right hon. Gentleman makes a good point and I will look into it.

[Lisa Nandy (Wigan) (Lab)]

Given the recent appalling cases involving young victims and witnesses, does the Solicitor-General not agree that the damage done to those young people as they go through the court process is far too great? Is there not a sense of urgency to the issue? This simply cannot wait. Young people should not be put through such appalling damage during the court process when they have already suffered such distress and harm.

[The Solicitor-General]

Yes, I agree. It is right to bear in mind the fact that all those in the legal profession, including the judges, are concerned about the issue too, because what has been happening has been wrong. I agree that the matter is urgent. I welcome “The Advocate’s Gateway”, which is a useful initiative to which all parties have signed up. It should make a major difference. Proper case management is the key.

[Kerry McCarthy (Bristol East) (Lab)]

2. What recent discussions he has had with the Secretary of State for the Home Department on the use of community resolution orders to reduce offending.

[The Solicitor-General (Oliver Heald)]

Oh, it is me again.

[Kevin Brennan (Cardiff West) (Lab)]

It is in there somewhere.

[The Solicitor-General]

Yes, it is in here somewhere.

None. [Laughter.] No—there is a bit more: the Crown Prosecution Service is not involved in the use of community resolutions, which are out-of-court disposals that enable a police officer to deal proportionately with appropriate offences in a timely and transparent manner.

[Mr Speaker]

I must say that the initial answer was the shortest that I have ever heard, especially from a lawyer.

[Kerry McCarthy]

There is real concern that the orders are being used increasingly to resolve—or supposedly resolve—domestic violence incidents. In 2012, nearly 2,500 of the orders were issued rather than cases being put before the CPS for possible prosecution. Does the Minister share my concern that the orders may be being used as an easy disposal, rather than taking domestic violence seriously?

[The Solicitor-General]

The point to make is that the decisions are made by officers at the time. They are not orders, but decisions made when there has perhaps been an apology or some reparation. In cases of domestic violence, that would be inappropriate. The guidance is that the resolutions should not be used for such cases. Obviously, I will mention the matter to the Home Office, which is the place to direct the question.

[Mr Philip Hollobone (Kettering) (Con)]

I declare an interest as a special constable. Presumably, the Solicitor-General should be interested in liaising with the Home Office about the most serious offence that a police officer could deal with under a community resolution order, rather than its going through the justice system. Will he assure the House that he will establish that threshold with the Home Department?

[The Solicitor-General]

As my hon. Friend will know from his background in the special constabulary, community resolutions are designed for dealing with low-level matters, when the person involved does not have previous convictions and it is possible to reach an agreement between the parties. Clearly, any serious offence should be dealt with in a different way.

[Andrew Griffiths (Burton) (Con)]

3. What recent discussions he has had with the Director of Public Prosecutions about the Government’s approach to tackling abusive or libellous communications sent via social media.