Crown Prosecution Service

Robert Buckland Excerpts

Tuesday 23rd June 2015 Westminster Hall

[The Solicitor General (Robert Buckland)]

It is a pleasure to serve under your chairmanship, Mrs Main. I congratulate the hon. Member for Erith and Thamesmead (Teresa Pearce) on securing this debate. I am never clear when there is a Division whether we are given injury time in the form of an extra 15 minutes. If so, be warned that I might have to use it all, because I want to ensure that I refer to the excellent contributions made by Members from all parties.

It is perhaps right of us—it is certainly right of me, as one of Her Majesty’s Law Officers—to remind the House why the Crown Prosecution Service was set up 30 years ago: to deliver justice for the public through the independent prosecution of crime across England and Wales. I was interested in the comments of the hon. Member for Angus (Mike Weir) about the question of independence, which is at the heart of how the criminal justice service in England and Wales operates. There are parallels between the work of employed prosecutors in Scotland and those employed by the CPS in England: while prosecutors remain in the employ of the service, conflicts should not and cannot arise, but where we have an independent referral service, such as the Bar of England and Wales, the independence and objectivity that it can bring to often difficult and sensitive cases is without parallel in the western world.

We should celebrate that, as well as the work of Crown prosecutors the length and breadth of England and Wales, and all the support staff who work so hard in offices and courts throughout the country. I speak with 20 years’ experience as a prosecutor who has worked closely with the CPS, particularly in Wales, dealing with a wide range of serious crime. I not only cherish that experience, I find it incredibly useful in my work as a Law Officer.

I am delighted to welcome not just to this debate but to this House new Members with similar experience of the criminal justice system. We have two in the room today—my hon. Friend the Member for Cheltenham (Alex Chalk) and the hon. and learned Member for Holborn and St Pancras (Keir Starmer), to whose excellent speech I will return—but it would be wrong of me not to refer as well to the hon. Member for Torfaen (Nick Thomas-Symonds), who went down a more civil path in his career at the Bar but reminded us of his early days, an experience that I think several of us have shared.

The hon. Member for Neath (Christina Rees), of course, is also a qualified member of the Bar, which should be put on record. I am grateful to her for her contribution, albeit on an issue that is perhaps more within the purview of the Ministry of Justice. The delivery of justice is achieved by working with other agencies, and her contribution brought that into perspective. Although the CPS is a large cog in the system, it is but one part of that system; it must work with the police and court system to ensure that criminal cases are brought not only to court but to a conclusion.

The test that is applied is one that loads of us who are close to the service can probably recite in our sleep, but it is none the less important to remind ourselves of it. It is the two limb test. First, is there a realistic prospect of a conviction? Secondly, is it in the public interest to bring the prosecution? I hope that answers somewhat the criticism made by the hon. Member for Angus about the bringing of cases by the CPS that have not ended in a successful conviction and that have, in his words, brought into question the reputation of the service. With respect to him, if the CPS were to adopt a test involving risk of acquittal, no cases would ever be brought, because there will always be a risk of acquittal in taking a case to court. That should not deter Crown prosecutors from doing their job.

[Mike Weir]

I agree entirely. I was merely making the point that there have been some high-profile cases in which convictions were not secured, and perhaps some in which the evidence was shaky at best. That has reflected on the CPS in the public mind. It is not a criticism of the CPS; I understand that not all cases are successful, and not all cases should be.

--- Later in debate ---

[The Solicitor General]

I am sorry to disagree with the hon. Gentleman, but therein lies the problem. If we as politicians and commentators start making such value judgments, we undermine confidence in the independence of the prosecutorial system. We must trust an impartial and objective application of the threshold test. Any questioning of that causes me and many others great concern about the integrity of our prosecutorial system.

[Keir Starmer]

Does the Solicitor General agree that, when a case is charged and the judge decides that there is a case to answer, that case is properly brought, even if there is an acquittal? It is important to our criminal justice system that we adhere to that. The mere fact that a case, high-profile or otherwise, does not end in a conviction is not a test of whether the charging decision was right or wrong. A better test is whether the judge left it to the jury. If that is so, it normally means that the case should have been brought.

[The Solicitor General]

I am grateful to the hon. and learned Gentleman. He presages the point that I was going to make about sufficiency, and about the checks and balances throughout the court process. Arguments can be made about the sufficiency of the evidence at the beginning of a case, at the end of the prosecution case, and, indeed, in some rare circumstances whereby judges withdraw cases from juries—it does not often happen—at the end of defence cases, but the power remains.

In making such criticisms, we are also in danger of calling into question the jury process and indeed the whole system, which is so integral to the rule of law in this country. I was asked—rhetorically, perhaps, but I will give an answer—what strategy this Government have. It is a criminal justice system that upholds the rule of law, enhances public confidence in the system and ensures that there is a consistent approach to bringing cases and sentencing, so that the public feel confident and are protected by due process within the system. That is nothing new—it has been with us for generations—but this Government believe in it as passionately as previous Governments, of whatever colour.

I want to deal with each contribution in turn, but particularly with the opening speech by the hon. Member for Erith and Thamesmead and her experience of giving evidence in a trial. It does not sound to me as though best practice was followed in her case. I am glad she has brought it to the attention of the House, because those with responsibility for the administration of justice, not only in the magistrates court in Bexley but elsewhere, will do well to remember that the housing of witnesses for the prosecution with either defendants or their families is wholly inappropriate and leads to all sorts of complications that I need not recite here.

[Nadine Dorries in the Chair]

The hon. Member for Erith and Thamesmead asked specific questions about witness care officers. I accept that the numbers have been reduced in line with other staff reductions, but, importantly, those reductions have been accompanied by reforms to better target our limited resources to help witnesses who are intimidated or vulnerable, and those who are in greatest need. Even more is being done with regard to the change of culture to which my hon. Friend the Member for Cheltenham referred. For example, the Government are now improving access to information for victims through the new online and telephone-based victim information service that was launched in March. The increasing commissioning of victims’ services through local police and crime commissioners will create a more responsive service—a more localised service—that I do not believe will create a postcode lottery, but will emphasise best practice from which other areas can learn. Although I accept there have been reductions in expenditure, the change in culture that everybody in the system—counsel, solicitors, and lawyers in their role in explaining matters and reassuring and supporting witnesses and victims—has experienced continues to grow.

[Alex Chalk]

On precisely that point, if counsel apply the victims’ charter and explain the situation to witnesses and victims as they come to court, it can have an extraordinary impact on how they end up viewing the criminal justice system, and it does not cost a penny.

[The Solicitor General]

Very much so. A lot of us who pioneered such work in the ’90s now find that a lot of what we said and believed then is becoming standard practice, and that is absolutely right. We have heard reference to the victims’ right to review, and, as was made clear in an intervention on the hon. Member for Rochdale (Simon Danczuk), there is an ongoing process in relation to a particular case that means that it would be inappropriate for me to comment on it. However, I hear what the hon. Gentleman says, and I will come back to his point about historical child sexual exploitation in a moment.

Importantly, the new victims’ right to review scheme that was established last year gives victims a further opportunity to ask the Crown Prosecution Service, with the help of independent advice, to consider again the merits of particular decisions. So far, between June 2013 and the end of September last year, 263 decisions have been overturned by the new system. It is a small proportion of the number of Crown Prosecution decisions that are made, but it is an extra safety valve that goes a long way, as I said in relation to our strategy, to enhance public confidence in the criminal justice system.

I have referred en passant to the hon. Member for Rochdale, who talked with his usual power about child sexual exploitation. It is a national emergency. I entirely agree with him, and so do the Government. The way in which complainants were dealt with historically in towns such as Rotherham and the town that he represents was wrong. There was far too much emphasis on the reliability of the individual witness, who was often very young and vulnerable, rather than an overall view of the merits of the case. That is rightly acknowledged to have been an incorrect approach. The thrust of the work being carried out by the Crown Prosecution Service now very much reflects the fact that lessons have been learnt, and there are a number of marked successes when it comes to convictions in such cases. A number of so-called celebrities have rightly been brought to justice, and young victims in larger conspiracy-based cases involving many young and vulnerable complainants have now had their voices heard, as the hon. Gentleman says, and can now see that some justice has been brought in order to help them get on with lives that have been torn asunder by the abuse that they suffered.

The hon. Member for Torfaen rightly talked about pressure and efficiency and how decisions are to be made where there is a reduction in the number of lawyers. The way to measure that is by looking at some of the efficiency measurements that the CPS has conducted. The percentage of guilty pleas at first hearing is a good measurement, because that clearly demonstrates that there has been an excellent level of pre-trial and pre-plea preparation in terms of case management, which means that the evidence has been presented clearly and that those advising defendants can confidently tender advice in a proper way. The percentage of guilty pleas at first hearing has increased from 63.4% in 2010-11 to 70.6% in the last financial year. That is a significant increase.

Another vital piece of information relates to the percentage of magistrates court proceedings that are dropped at a third or even fourth or fifth hearing. That percentage has fallen from 44.2% to 34.1%. In the Crown court, cracked and ineffective trials owing to prosecution failure have fallen from 18.2% to 13.5%. That shows that those who are responsible for decision making and case preparation in the CPS are rising to the challenge and yielding significant results. I pay tribute to chief Crown prosecutors in regions such as the west midlands and the south-west for understanding the importance of the management of the huge volume of cases that come across the desks of prosecutors week in, week out, and for making sure that further improvements are made so that, from the CPS’s point of view, they are doing everything they can to ensure that the Courts Service is efficient.

It would be churlish of me not to put on the record my grateful thanks for the service of the hon. and learned Member for Holborn and St Pancras as Director of Public Prosecutions. He came in at a time when the service already knew that it would face important financial challenges under his stewardship, and he managed them admirably. It is in no small part due to the leadership that he showed that the sorts of figures I have been able to bring to the debate today, and the improved efficiencies in the CPS have been achieved. We are grateful to him.

The hon. and learned Gentleman asked about strategy, and I have given him the answer that I think needs to be set out. He also talked about lines of sight and the risks being run with regard to the impact of reduced resources at a time when it is clear that case loads are increasing. I agree with him: case loads are increasing. We have more terrorism cases and an increase in child sexual exploitation cases. He is right to ask questions. I can reassure him that, as in his day, there continue to be regular meetings between the Director of Public Prosecutions and chief Crown prosecutors to ensure that the current director is fully aware of the impact of changes in case load and resources on individual CPS areas. Further to that, both the Attorney General and I regularly meet the CPS’s director and its chief executive, Peter Lewis, to discuss a range of measures that crucially include resources and its case load mix.

[Karl Turner]

In discussions the Solicitor General has had with the Director of Public Prosecutions, has she mentioned to him and the Attorney General that the CPS urgently needs £50 million now to prosecute historical sex cases properly? What representations has he made to the Chancellor about that?

[The Solicitor General]

I wanted to come on to finance and I can reassure the hon. Gentleman that the CPS continues actively to discuss its requirements and resourcing pressures with the Treasury. The idea that somehow there is a nonchalant, sit-back approach to that is wholly wrong.

I hope that the hon. Gentleman is reassured that not only are the pressures understood, but discussions continue at the highest levels of Government with regard to making sure—[Interruption.] I reassure him that when it comes to the prosecution of serious crime, whether terrorism or child sexual exploitation, the question of resources does not come into it. What does come into it is the threshold test that I referred to at the beginning of my speech.

The CPS continues to look at the impact of resource changes and it is working with colleagues in the Treasury as part of the ongoing spending review. It would not be appropriate for me to prejudge the outcome of that review. The debate is timely and I accept that Members are impatient, but that is where we are on the ongoing pressures and risks that the hon. and learned Member for Holborn and St Pancras talked about.

[Alex Chalk]

On resources, is it not right that where there is a specific need, the Government will step in? There is no clearer example of that than when the Serious Fraud Office had to consider whether it had sufficient resources to go after so-called LIBOR fraudsters and money was found for detailed and complex investigations. When there is a need, resources are delivered.

[The Solicitor General]

I think my hon. Friend was talking about blockbuster funding and the SFO. It would be invidious of me to make direct comparisons, but that point is very well made indeed.

On finance, I hope to demolish the hon. Member for Kingston upon Hull East’s attractive but somewhat false—I will say colourful—characterisation of the Government’s approach to the CPS budget, which I think he described as a “hope for the best” approach. I am sorry to disappoint him, but that is neither accurate nor fair. As I said, under the stewardship of the hon. and learned Member for Holborn and St Pancras, preparations were made before the 2010 spending review for the CPS to start to reduce its costs by, for example, releasing resources from the back-office at HQ to the frontline; renegotiating important IT contracts to achieve significant savings; introducing a new IT equipment and workstation ratio strategy; and looking at the closure of uneconomic smaller offices.

That all began before the spending review, and those policies have been taken further since then. We have seen the consolidation of operations into regional hubs, the end of occupying unnecessary buildings and the number of CPS geographical areas reduced from 42 to 13 together with a reduction in management numbers. In fact, back-office functions have taken the greatest cut, with a 50% reduction in HQ staff; 20% savings from the renegotiation of the IT and communications contracts, and the estate reduced from 95 offices in 2010 to 40 this year. With respect to the hon. Member for Kingston upon Hull East, that is not “hope for the best” or “back of a cigarette packet” stuff, but a carefully calibrated and planned structural change largely authored and led by the hon. and learned Member for Holborn and St Pancras. That process continues.

When it comes to the prosecution of offences, there is no question of negotiations with the Treasury somehow having an impact on individual decisions; the independence of the Crown Prosecution Service is a self-evident truth. To reinforce that, perhaps I should look at some overall results. The CPS’s conviction rate in the magistrates courts is now 83.5%, which has increased from 80.6% back in 2004-05. Similarly, in the Crown court, the conviction rate is now 79.4%, up from just over 75% 10 years ago.

Guilty plea rates continue to rise in both Crown and magistrates courts and I am struck in particular by the increase by both volume and proportion of convictions in cases involving violence against women and girls. The past year saw the highest ever volume and proportion of cases charged: 88,359 cases, which is a rise of nearly 12,000 compared with the previous financial year. We also saw more than 107,000 defendants prosecuted to completion in the past year in cases involving violence against women and girls—the highest ever number. The number of those convicted increased from 67,380 in the previous financial year to 78,773 in the past year.

Those figures are far more eloquent testimony to the success of the Crown Prosecution Service’s continuing work than anything else that I can summon up. I commend its work to the House and thank once again the hon. Member for Erith and Thamesmead for giving me the opportunity to address that.

Question put and agreed to.

Resolved,

That this House has considered the work of the Crown Prosecution Service.