Asked by: Priti Patel (Conservative - Witham)
Question to the Attorney General:
To ask the Attorney General, what discussions she has had with the Director of Public Prosecutions on the Crown Prosecution Service making representations on compensation orders in criminal cases for victims of crime.
Answered by Michael Tomlinson - Minister of State (Minister for Illegal Migration)
The Crown Prosecution Service (CPS) is committed to delivering justice for victims of crime, and where appropriate this includes obtaining compensation orders. Section 134 of the Sentencing Act 2020 sets out that compensation orders are available to the court when an offender is convicted of an offence. HM Courts and Tribunal Service is responsible for the enforcement of any compensation order made. The CPS has produced publicly available guidance which states that all CPS prosecutors should be ready to assist the court to reach the appropriate decision as to sentence, which includes drawing the court's attention to its obligation to consider compensation, inviting them to make such an order where appropriate and providing information in order to assess an appropriate award. Where a case relates to acquisitive crime, the matter will be dealt with by the Proceeds of Crime Division who will seek a Confiscation Order and, where there are identifiable victims, will also seek a compensation order. £118m out of £530m received in payment of confiscation orders over the last five years have been returned to victims by way of compensation. |
Asked by: Priti Patel (Conservative - Witham)
Question to the Attorney General:
To ask the Attorney General, what assessment she has made of the effectiveness of the Crown Prosecution Service's support of victims of crime.
Answered by Michael Tomlinson - Minister of State (Minister for Illegal Migration)
Improving the experience of victims is a priority for the CPS and is an important part of building public confidence. His Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) independently assesses the CPS to help drive improvement and build public confidence in the prosecution process. Last year, in response to findings from HMCPSI about CPS communication with victims, the CPS commissioned independent research to better understand victims’ needs and have since committed to transforming the service they provide to every victim. A long-term victim transformation programme is underway to improve the way the CPS communicates and engages with victims. This includes plans for a new universal service to improve the minimum level of service that all victims receive and an enhanced service offer for victims with the greatest need. As part of this transformation programme, the CPS has also committed to innovate and pilot new ways to strengthen engagement with victims. Building on the work of Operation Soteria to improve the support victims of rape receive, the CPS has extended the number of CPS Areas testing new approaches. Over half of CPS Areas are now testing new activities to improve the way they communicate and engage with rape victims. This includes introducing more contact points, different methods of communications, better information sharing and collaborative working with partners. In addition to the CPS online guide for victims of rape and sexual offences published in December 2021, a new guide specifically for all victims of crime has been prepared and is available on the CPS website. The guides clarify the role of the CPS within the wider Criminal Justice System, explain how the CPS makes decisions in cases, what support is available to victims to help them give their best evidence and what their Rights are under the Victims’ Code. |
Asked by: Priti Patel (Conservative - Witham)
Question to the Attorney General:
To ask the Attorney General, what assessment he has made of the effectiveness of the Crown Prosecution Service in charging suspects with the appropriate offence.
Answered by Jeremy Wright
Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) inspects the work of the Crown Prosecution Service (CPS) and reports to the Law Officers. The Code for Crown Prosecutors (the Code) provides that it is the duty of prosecutors to make sure that the right person is prosecuted for the right offence. Between 2016 and 2018 HMCPSI inspected 12 of the 14 CPS Areas in England and Wales and found that in a very high proportion of cases the CPS correctly applied the Code and that the charges proceeded with were the correct ones. HMCPSI reported that in over 94.5% of the cases they inspected the decision to charge complied with the Code; that measure relates to all the provisions of the Code and not only whether any offence charged was the correct one.
Asked by: Priti Patel (Conservative - Witham)
Question to the Attorney General:
To ask the Attorney General, if he will commission research into the extent to which charging decisions made by the Crown Prosecution Service differ from the expectation of (a) Police and (b) victims of crime.
Answered by Jeremy Wright
HMCPSI provide reports to the Law Officers and the public on the work of the CPS and that includes analysis of charging decisions made by the CPS with reference to the Code for Crown Prosecutors. HMCPSI reports and CPS performance information do not provide data on the expectations of the police or victims as to charging decisions and any difference between those expectations and the charging decision made by the CPS.
If the police wish to query or challenge a CPS charging decision, that can be done through a formal escalation procedure. If a victim wishes to query or challenge a CPS charging decision that can be done through the Victim’s Right to Review Scheme, the Victim Communication and Liaison Scheme and the CPS Feedback and Complaints Scheme.
Asked by: Priti Patel (Conservative - Witham)
Question to the Attorney General:
To ask the Attorney General, what estimate he has made of the number of occasions the Crown Prosecution Service has charged suspects with offences that are deemed less serious than the offences which the police investigated in the last 12 months.
Answered by Jeremy Wright
The Crown Prosecution Service (CPS) does not maintain a central record of those occasions where the Crown Prosecution Service charges suspects with offences considered less serious than the offences which the police investigated. This information could only be obtained by examining CPS case files, which would incur disproportionate cost.
Asked by: Priti Patel (Conservative - Witham)
Question to the Attorney General:
To ask the Attorney General, what discussions he has had with the Crown Prosecution Service on applications to the Courts for compensation orders to support victims of crime.
Answered by Jeremy Wright
I have regular meetings with the Director of Public Prosecutions at which a variety of issues are discussed. The Attorney General’s guidance on the prosecutor's role in the sentencing exercise is supplemented by Crown Prosecution Service legal guidance which specifically requires prosecutors to draw the court’s attention to its powers to award compensation and to seek compensation orders where appropriate.