Robert Buckland
Main Page: Robert Buckland (Conservative - South Swindon)Department Debates - View all Robert Buckland's debates with the Cabinet Office
(9 years, 5 months ago)
Commons Chamber1. What steps the Crown Prosecution Service has taken in the last two years to ensure that prosecutors are able to prosecute stalking and harassment cases more effectively.
The Crown Prosecution Service has taken a number of steps recently to ensure that that can happen. A joint police and CPS protocol on stalking was launched in September last year, and CPS legal guidance was revised to reflect that development. In addition, prosecutors have been given training on the new stalking offences.
Can my hon. and learned Friend confirm that stalking and harassment online is taken as seriously as other forms of such behaviour?
Yes, I can confirm that. Recent changes in the law that were introduced by the Criminal Justice and Courts Act 2015 will make it easier to prosecute those serious cases by extending the time limits on summary-only communications offences, and by allowing cases covered by section 1 of the Malicious Communications Act 1988 to be dealt with in the Crown court.
I am pleased that this question has been asked, but I am rather concerned about the lumping together of general harassment and stalking. The Solicitor-General knows full well that stalking is a distinct offence and should be treated accordingly.
The right hon. Gentleman is right to raise that issue. I pay tribute to him, because this is probably the last occasion on which he will be able to raise such matters here. I am sure that he will continue to campaign in whatever capacity his party allows him to, and I wish him well.
In the year to last December, 818 stalking offences had been brought to prosecution. We now need to calculate the proportion of successful prosecutions, and I can tell the right hon. Gentleman that more work will be done through extrapolation from those figures.
The Crown Prosecution Service, which, after all, is a demand-led organisation, has experienced a 28% cut in its funding since 2010, which equates to £200 million a year. Does the Solicitor-General think that that is helping or hindering the prosecution of stalking and harassment cases?
As I said a moment ago, had it not been for the Government’s changes in the law, we would not be bringing all those extra cases to court. The CPS is performing well against 11 of its 12 key performance measures, and is rising to the challenge. Conviction rates are broadly the same as they were five years ago, and I think that that should be met with encouragement rather than despair.
2. What assessment he has made of the effectiveness of the current Crown Prosecution Service guidelines on prosecuting cases of child sexual abuse.
4. What steps the Crown Prosecution Service is taking to provide greater assistance to vulnerable witnesses and to support them better in giving evidence in court.
The Crown Prosecution Service is committed to improving the experience at court for all witnesses, and CPS staff work closely with the police and the voluntary sector to ensure that vulnerable witnesses are supported through the criminal justice system. Special measures such as the use of intermediaries or screens in court can also be applied to provide greater support for witnesses who give evidence.
Does the Minister agree that there is a clear need for children and other vulnerable witnesses to have the ability to give their evidence away from court, to ensure that as many prosecutions as possible can progress?
I entirely agree with my hon. Friend, and I am encouraged by the work that has been done in the pilot courts in Leeds, Kingston and Liverpool on the use of section 28 provisions to allow the cross-examination of children and young people away from court. I very much hope that that will become the norm as soon as possible.
In the light of the Eleanor de Freitas case, will the Solicitor-General review the guidance to ensure that the provision of support and counselling services to vulnerable people is not removed abruptly?
That was a particularly sensitive and difficult case that, as the hon. Lady knows, was the subject of careful consideration and reconsideration. We must avoid a sudden cut-off of support and help. I know that police family liaison officers do a huge amount of work before and after cases, and I would like to ensure that that sort of work continues, particularly in sensitive cases such as the one that she has raised.
5. What steps he has taken to promote pro bono work among members of the legal profession.
The Attorney-General and I are the pro bono champions for the Government, and we are helped in this work by two pro bono co-ordinating committees, which bring together the leading organisations dedicated to the delivery of pro bono legal representation, both here and abroad. We took part in a wide range of events during national pro bono week last November, and we will take part in further events this year.
What assistance can my hon. and learned Friend offer constituents of mine on limited incomes to get legal advice that they need?
I thank my hon. Friend for that question. The national pro bono website, www. nationalprobonocentre.org.uk, gives information on a wide range of organisations that offer pro bono legal assistance. Of course, the local citizens advice bureau is a very good gateway through which her constituents can obtain more specialist legal services.
7. What recent steps the Crown Prosecution Service has taken to ensure that prosecutors are able to prosecute cases of domestic abuse more effectively.
The Director of Public Prosecutions has announced new guidance on the handling of cases of domestic abuse, and it was published on 30 December. That guidance deals with the handling of all aspects of domestic abuse and offending, including the many ways in which abusers can control, coerce and psychologically abuse their victims. The CPS has contributed to the development of the new domestic abuse offence of coercive controlling behaviour, which was introduced in the Serious Crime Act 2015.
With organisations in my constituency such as Warwickshire Domestic Violence Support Services and RoSA—Rape or Sexual Abuse Support—in Rugby doing great work supporting victims, the number of referrals across the country of domestic violence allegations is at its highest ever recorded. What action is being taken to make sure that more of these cases that are coming to light are being prosecuted?
I am grateful to my hon. Friend for his question, and I pay tribute to those organisations in his constituency, which do so much to protect women and families from the scourge of domestic abuse. Last year, the CPS charged in 72,905 domestic violence cases referred to it by the police, which is the highest volume and proportion ever recorded—it is a 21% rise from the previous year. It is anticipated that the CPS will be dealing with up to 20,000 more domestic violence cases than two years ago.
8. How many prosecutions have been initiated by the Serious Fraud Office under the Bribery Act 2010.
The Serious Fraud Office has initiated prosecutions against three individuals under the Bribery Act 2010, with two having been convicted.
I spent more than 10 years arguing for a radical change in the law on bribery, which was passed as the 2010 Act, with all-party support, just before the last election. The OECD, which has criticised us in the past for not doing enough to implement its convention, thinks it is important that from time to time cases are brought before the courts. Will the Solicitor-General assure me that the SFO has adequate resources to investigate and prosecute cases of this kind?
I am grateful to the hon. Gentleman, and I pay tribute to him, as he is retiring from this place, for his assiduous work on this and other issues over the years. He rightly says that it is important for the reputation of this country that cases are brought, under either the new Act or the old Act. We must not forget that we have had a number of key successes in non-Bribery Act cases that predate the passage of this legislation, most notably the prosecution of Smith & Ouzman Ltd for bribes paid to Kenyan officials in relation to the electoral processes. We have had a number of successes, which we should celebrate.
Does the Solicitor-General agree that part of the SFO’s success in recent years in these matters stems from the rigour that David Green, QC, has brought as its director, because of his experience in private practice? Is that perhaps a lesson for future appointments to other senior prosecuting bodies?
I am grateful to my hon. Friend for that, and I join him in thanking the director for the hard work he is putting in to ensure that the SFO performs well and improves its progress. On the previous question on resources, may I just say that the availability of blockbuster funding means that the SFO has the flexibility to prosecute cases as and when they arise and meet the threshold test?