Domestic Violence Victims: Cross-Examination

Debate between Oliver Heald and Fiona Mactaggart

Monday 9th January 2017 Commons Chamber

[Sir Oliver Heald]

I think that the importance of that issue is accepted throughout the House. Whether or not my hon. Friend’s suggestion is an appropriate way to deal with it, one thing is clear: it should be dealt with as a matter of urgency, and that is what I am committed to doing.

Perhaps I should have said earlier that there were instances in which this problem arose before LASPO. It is not a new problem, and many people were refused legal aid representation under the Labour Government.

[Fiona Mactaggart (Slough) (Lab)]

The Minister has said seven times that he is “dealing with it urgently”. When will we see the result?

[Sir Oliver Heald]

The answer that Members receive from the Dispatch Box is, of course, “shortly”, and that is what I have said, but it does mean shortly.

Oral Answers to Questions

Debate between Oliver Heald and Fiona Mactaggart

Tuesday 11th February 2014 Commons Chamber

[The Solicitor-General]

I pay tribute to my hon. Friend for her work on homicide as a subject, and I agree with her. The Crown Prosecution Services needs to take and will take a challenging attitude in three areas. The first is unwarranted attacks on the deceased’s character. The second is the need to emphasise the context of domestic violence, which is an aggregating feature, and to bring out evidence about the true dynamics of the relationship, so that such cases are treated as cases of domestic violence. The third is that the CPS should be aware that the existence of a recognised mental condition does not necessarily mean that it amounts to an abnormality of mental functioning sufficient for grounds of diminished responsibility.

[Fiona Mactaggart (Slough) (Lab)]

The “Domestic Homicide Reviews” lessons learned paper published last year stated that the CPS was “looking to strengthen guidance” for prosecutors about bail applications. Has that happened, because people on bail too often go on to reoffend?

[The Solicitor-General]

The guidance on that area is being worked on at present, but I will certainly ensure that the hon. Lady’s concern is reflected back.

Oral Answers to Questions

Debate between Oliver Heald and Fiona Mactaggart

Tuesday 19th November 2013 Commons Chamber

[The Solicitor-General]

I congratulate my hon. Friend and the all-party group on human trafficking and modern day slavery on their involvement and the campaign. New legislation came into force on 6 April extending the territorial jurisdiction to enable the prosecution of cases of trafficking where victims have been trafficked anywhere in the world. The CPS and I are committed to bringing perpetrators to justice.

[Fiona Mactaggart (Slough) (Lab)]

The Solicitor-General will be aware of the landmark case of L and others, decided by the Court of Appeal in May, which said that victims of trafficking should not be prosecuted, yet if I visit our prisons, I see in jail young Vietnamese trafficked to Britain to be cannabis farmers. What is he doing about that? Will he meet the Secretary of State for Justice to get those innocent victims of trafficking freed?

Oral Answers to Questions

Debate between Oliver Heald and Fiona Mactaggart

Tuesday 15th October 2013 Commons Chamber

[The Solicitor-General]

Of course, the key is to have regular meetings and to issue the sort of guidelines that the Director of Public Prosecutions has done. If my hon. Friend wishes to write to me about the case he mentioned, I will certainly ensure that any review that is still available is undertaken.

[Fiona Mactaggart (Slough) (Lab)]

As the hon. Member for Harlow (Robert Halfon) pointed out, this is a serious matter, and the consequences are serious. In Thames Valley last year there were 9,804 recorded incidents of crime involving domestic violence, but a further 22,627 incidents were reported to the police, and we know that such cases sometimes end in a tragic death. I fear that the hon. and learned Gentleman’s six actions are a bit laid back. What is he going to do?

[The Solicitor-General]

First, the six actions relate to one important aspect: ensuring that referrals come through from the police to the CPS. But let us be clear that over recent years huge progress has been made, in both the proportion of cases that are prosecuted and the conviction rates achieved. The hon. Lady is absolutely right that we need a cross-governmental strategy, which we have in the action plan of the interministerial group on violence against women and girls, so there is no complacency in that regard, but she must recognise that there are achievements as well as areas that need improvement.

Oral Answers to Questions

Debate between Oliver Heald and Fiona Mactaggart

Tuesday 26th March 2013 Commons Chamber

[Fiona Mactaggart (Slough) (Lab)]

2. What assessment he has made of the effectiveness of prosecutions for human trafficking and related offences; and if he will make a statement.

[The Solicitor-General (Oliver Heald)]

As a member of the interdepartmental ministerial group on human trafficking, I keep the effectiveness of prosecutions for that very serious form of crime under review. Wherever possible, the Crown Prosecution Service brings prosecutions for human trafficking or other related offences.

[Fiona Mactaggart]

Has the Solicitor-General asked for advice on the letter signed by a dozen charities on 28 April, which predicts that when the EU trafficking directive comes into force on 6 April the UK will be in breach of the following: the protection of victims during criminal procedures, access to compensation and legal assistance, and the provision of a guardian for trafficked children during legal proceedings? What is he going to do about that?

[The Solicitor-General]

As the hon. Lady will know—I hope she will forgive me—we do not, as Law Officers, explain when and where we have given advice. Her point is very important, however. Victims of human trafficking need to be identified and it is important that they should not be prosecuted or treated disrespectfully once that is known. That is one of the points being discussed in the interdepartmental ministerial group and she is right to highlight it.

Oral Answers to Questions

Debate between Oliver Heald and Fiona Mactaggart

Tuesday 8th January 2013 Commons Chamber

[The Solicitor-General]

Yes, I certainly do. I have personally raised and discussed this subject with the DPP and was delighted that he held the round-table last September, which led to the robust action plan that my hon. Friend mentions. That is about improving the evidence available, identifying what is hindering investigations and prosecutions, exploring how other jurisdictions deal with these cases and ensuring that the police and prosecution work together closely on what are very difficult cases.

[Fiona Mactaggart (Slough) (Lab)]

5. How many prosecutions for human trafficking there have been in the most recent period for which figures are available; and if he will make a statement.

[Andrew Selous (South West Bedfordshire) (Con)]

7. What steps he is taking to increase prosecutions for human trafficking.

[The Solicitor-General (Oliver Heald)]

The Crown Prosecution Service charged and prosecuted 64 cases where human trafficking was the main offence between 1 April 2012 and 2 January this year, and has prosecuted other human trafficking cases using other legislation. The CPS is working with law enforcement and other agencies to improve investigation and prosecution and to encourage victims.

[Fiona Mactaggart]

Those figures sound a little better than the ones previously published that suggested to me that out of 25 European countries Britain had fewer prosecutions for human trafficking specifically than all bar Malta, Slovakia, Estonia and Finland. What effect does the Solicitor-General believe the relatively low level of prosecution for specific human trafficking offences has on the potential for future human traffickers?

[The Solicitor-General]

Of course, it is very important that we prosecute cases of this kind, but I make the point to the hon. Lady that the figures I read out and which are often quoted relate to cases where human trafficking was the main offence, but quite often with human trafficking, as she will know, the main offence is a violent assault or a rape, and it is the more serious offences that are flagged. In another 111 cases, in addition to the 64 I mentioned, human trafficking was one of the offences, but the main offence was a rape or major conspiracy.