Victim Support

Philip Davies Excerpts

Wednesday 8th June 2011 Westminster Hall

[Philip Davies (Shipley) (Con)]

I begin with an apology to you, Mr Scott, and to the Minister and the shadow Minister, the hon. Member for Stoke-on-Trent South (Robert Flello). I may not be able to stay until the very end of the debate, because I have to meet some constituents. I apologise for that discourtesy. I will keep my remarks brief, because some excellent points have been made. I commend the hon. Member for St Ives (Andrew George) for securing this debate, which deserves as much time as possible, so that the Minister can address the points that have been made.

I want to focus on a few areas that may not have been brought out by the debate so far. One of the main areas that we should surely focus on is how we prevent people from being victims in the first place—how we prevent future victims of crime. Different things are important to victims: prevention from being one in the first place, and if someone is a victim of crime, they want the person responsible to be detected, punished properly for the crime that they have committed and not go on to commit further offences. I am worried that, on most, if not all those issues, the Government are in danger of heading in the wrong direction.

On preventing people from being the victims of crime, one of the things that I am most concerned about is what happens when people are released from prison before the end of their sentence. I might not be present to hear the Minister’s closing remarks, but I hope that he will be good enough to tell the Chamber how many people are victims of crimes committed by people let out early from prison before the end of the sentence that was actually handed down. We now know that people are, at the very most, released automatically halfway through their sentence and that some are even let out before that. It would be interesting for the public to know how many crimes are committed by people who have been released from prison at a time when most people would consider that they should still be in prison serving the full sentence handed down by the court.

It is perfectly reasonable that the police cannot prevent crimes when people who are unknown to them commit them for the first time. It seems, however, that our criminal justice system is creating so many unnecessary victims of crime by releasing people early from their prison sentence, only to see them go on to commit further offences. If we want to stop people being victims of crime, we should focus on that first.

What about the things that people want when they are the victims of the crime? Presumably, the first thing they want is for their crime to be detected by the police. Two of the best tools that the police have for detecting crimes are CCTV and the DNA database. An enormous number of crimes are solved by using CCTV footage, technology and the DNA database.

We have also heard recently that the Government are concerned about preventing victims from having to go through the trauma of giving evidence in court. That was supposedly the genesis of the idea to give people a 50% discount on their sentence if they pleaded guilty early. I say to the Minister that I do not believe that the reason for giving a 50% discount to people who plead guilty early had anything to do with trying to prevent victims from having to give evidence in court. It was simply a way of having fewer people sent to prison or fewer people in prison at any one time. That was the motivation. The view that it was a benefit to victims was a positive bit of spin to put on it.

If we want to prevent victims of crime from having to go through the trauma of giving evidence in court, one would have thought that the Government would be anxious to use the benefits of CCTV and DNA. CCTV gives an unbiased account of what happened for a court to see, devoid of anybody’s spin, recollection bias or mistake. Often, when CCTV is viewed by defendants and their solicitors, it leads to a change of plea from not guilty to guilty. That certainly happens when defendants were drunk or on drugs at the time of committing a crime. It not only saves courts time and money, but prevents witnesses from having to go through the trauma and stress of giving evidence in court. The Government, however, appear to be trying to make it as difficult as possible for the police to use CCTV. They are trying to introduce extra regulation for the use of CCTV. If the victim is our top priority, surely the Government will rethink that and make it easier for the police to use CCTV evidence.

CCTV actually prevented Richard Whelan’s girlfriend from having to testify against his murderer, Anthony Joseph, who brutally stabbed Richard on a bus while he was attempting to defend his girlfriend. The attack was caught on camera and Joseph was jailed.

DNA is also one of the main ways in which the police can find the perpetrator of a crime, yet the Government are hellbent on taking people off the DNA database, and that will presumably make it harder for crimes to be detected. In fact, there have been 150,000 cases in which a DNA sample has been taken from the crime scene but there has been no match on the DNA database. Obviously, if everybody was on a DNA database, all those crimes would be solved at a stroke. Will the Minister explain why the Government are going out of their way to try to make it as difficult as possible for the police to use such technology to find the perpetrators of crime in the first place? I am sure that victims of crime do not understand it, and neither do I.

What I want to know most of all is why so many repeat offenders are not sent to prison, because that is the one thing that creates more and more victims of crime. Last year, 3,000 burglars and 4,500 violent offenders with 15 or more previous convictions were not sent to prison. If somebody goes before a court with more than 100 previous convictions behind them, they are still likely not to be sent to prison. Those are the things that really irritate the victims of crime.

My final point is about the role of the Crown Prosecution Service. I think that the hon. Member for St Ives touched on the issue—he certainly implied it—of the CPS undercharging people by charging them for a lesser offence that they did not commit, rather than prosecuting them for the more serious crime that they did commit. That is one thing that particularly infuriates victims.

The calibre of the CPS is also an issue, and I will end with a tale of what I think is the most depressing day that I have ever spent, sitting in Bingley magistrates court watching the day’s proceedings. I saw CPS lawyers reading cases for the first time—they clearly had not read them beforehand—while the defence solicitor was briefed up to the nines. On one occasion, the CPS lawyer did not have the file in front of him and prosecuted the case from the file handed over to him by the defence solicitor. This is British justice in 2011. We should be ashamed of ourselves. If the victim of that crime had turned up, they would have been horrified to see what was going on. The Government really need to get a grip and put the victim—not the criminal, as happens now—at the heart of the justice system.