Oral Answers to Questions

Debate between Oliver Heald and Kerry McCarthy

Tuesday 25th March 2014 Commons Chamber

[Kerry McCarthy (Bristol East) (Lab)]

9. What discussions he has had with the Crown Prosecution Service on prosecuting crimes of violence against subcultures as hate crimes.

[The Solicitor-General (Oliver Heald)]

I pay tribute to the work the hon. Lady has done in this area. The CPS prosecutes violent offences robustly, including cases where victims have been attacked on the basis of subculture. Targeting particular groups is treated as an aggravating feature in such cases.

[Kerry McCarthy]

I thank the Minister for that response. As he is aware, I have been working with the Sophie Lancaster Foundation. She was killed seven years ago and her mother has been tirelessly campaigning for police forces to record such crimes as hate crimes. Might it be part of the sentencing guidelines given to courts that they can sentence specifically in relation to hate crimes?

[The Solicitor-General]

At present statutory provisions cover cases motivated by hostility or prejudice based on race, religion, sexual orientation, disability or transgender identity, but none the less it is possible for a judge to sentence on the basis that the crime was motivated by hate of a different kind, as Judge Russell did in the case the hon. Lady mentioned, and to treat that as an aggravating feature. I think the hon. Lady is arranging a meeting at the House of Commons tomorrow at which the Sophie Lancaster Foundation will be having a listening event.

Oral Answers to Questions

Debate between Oliver Heald and Kerry McCarthy

Tuesday 4th June 2013 Commons Chamber

[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.

--- Later in debate ---

[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.

Oral Answers to Questions

Debate between Oliver Heald and Kerry McCarthy

Tuesday 12th February 2013 Commons Chamber

[The Solicitor-General]

The Crown Prosecution Service is not the organisation that maintains the database of convictions, and that is unlikely to change. However, in the period 2009 to 2012, the number of defendants prosecuted for burglary offences increased by 6.4%, compared with the national fall in prosecutions of 8.9%, so he can be assured that burglary is being given proper attention.

[Kerry McCarthy (Bristol East) (Lab)]

6. What recent discussions he has had with the Director of Public Prosecutions on increasing the Crown Prosecution Service’s conviction rate for female genital mutilation.

[The Solicitor-General (Oliver Heald)]

The Director of Public Prosecutions regularly briefs the Attorney-General and me on the issue of prosecuting for female genital mutilation and on the action plan that was developed following the Crown Prosecution Service round table on 28 September 2012.

[Kerry McCarthy]

I very much welcome the DPP’s action plan, which is a positive step forward. May I urge the Solicitor-General to look at the work being done in Bristol with young women from affected communities? They have been really brave in speaking out—they have even developed a two-part storyline for “Casualty”, which will be shown later this year. Does he agree that ensuring that such work is community-led as well as Crown Prosecution Service-led is an important way of dealing with the problem?

[The Solicitor-General]

I certainly agree with that. The inter-ministerial group on violence against women and girls, which is chaired by the Home Secretary, is taking a particular interest in those sorts of approaches, so I commend the hon. Lady on mentioning it in the House, and she is absolutely right. Finding the right evidence and having the support of the community—and, therefore, support for the victim—is vital.