Oral Answers to Questions

Philip Hollobone Excerpts
Thursday 10th December 2020

(4 years ago)

Commons Chamber
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Michael Ellis Portrait The Solicitor General
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As I say, the policy is clear on prosecutors’ obligations. They have obligations—the obligations that we have under article 31 of the refugee convention—and it is well to point out that those obligations are actually enshrined in our domestic legislation, here in this honourable House. The domestic legislation in section 31 of the Immigration and Asylum Act 1999 is quite clear in this area. Those who facilitate, control and engineer these offences are subject to prosecution.

Philip Hollobone Portrait Mr Philip Hollobone (Kettering) (Con)
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What plans the CPS has to deliver improvements to services in (a) Northamptonshire and (b) England from the additional funding announced in the Spending Review 2020.

Jerome Mayhew Portrait Jerome Mayhew (Broadland) (Con)
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What the CPS plans to deliver with the additional funding announced in the spending review 2020.

Michael Ellis Portrait The Solicitor General (Michael Ellis)
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The Government are investing across the justice system, with a further £23 million for the CPS, on top of £85 million invested over the past two years. That investment will enable the CPS to respond effectively to the increase in caseload that we expect; we are recruiting 20,000 new police officers. That will strengthen our response to things like rape and serious sexual offences.

Investing in the CPS demonstrates this Government’s commitment to securing justice for victims of crime. I am pleased to say that funding will support the recruitment of new roles across England and Wales, including in CPS East Midlands, which covers Northamptonshire—both my county and my hon. Friend’s county.

Philip Hollobone Portrait Mr Hollobone
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Advocates for defendants at Northampton Crown court are regularly using the fact that their client has waited so long for justice during the pandemic as mitigation when seeking a lesser sentence from the judge. How is the Crown Prosecution Service countering such pleas so that convicted criminals receive the tougher sentences that the public want to see?

Michael Ellis Portrait The Solicitor General
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I am grateful to my hon. Friend for mentioning Northampton Crown court, at which I appeared for many years, both prosecuting and defending. Sentencing is a matter for the courts. The CPS prosecutors will assist the courts when it comes to sentencing to ensure that all relevant factors are brought to the court’s attention when considering a sentence.

Courts do have to have regard to guidance that the Sentencing Council publishes on sentencing principles, including during the covid pandemic. That includes advice that each case must be considered on its own facts. The court has an obligation—my hon. Friend is right to raise this—to protect the public and victims of crime, and sentencing by our judiciary is actually very robust. It is right, though, that judges hear mitigating features as well as aggravating features. They do that, and they sentence accordingly.