Oral Answers to Questions

Robert Buckland Excerpts

Thursday 15th October 2015 Commons Chamber

[Karl MᶜCartney (Lincoln) (Con)]

8. What steps the Crown Prosecution Service has taken to improve the conviction rate for rape and domestic violence in the last two years.

[The Solicitor General (Robert Buckland)]

This year, more cases of violence against women and girls have been referred from the police, charged, prosecuted and convicted than ever before. The work undertaken by the Crown Prosecution Service and the police on rape and domestic abuse culminated in the highest volumes ever of prosecutions and convictions in 2014-15.

[Karen Lumley]

In the West Mercia region, in which my constituency is located, we have seen the rape crisis go up this year to 700 from 400 cases. Can my hon. and learned Friend assure me that we are doing everything we can to make sure that these people are prosecuted?

[The Solicitor General]

CPS West Midlands has a specialist rape and serious sexual offences unit in recognition of the increasing volume of rape and serious sexual offences reported. CPS West Midlands has increased the size of the unit and the team continues to work very closely with the police, victims groups and the independent Bar to ensure that strong cases are built and witnesses looked after.

[Karl MᶜCartney]

I thank my hon. and learned Friend for his original answer. Has he brought forward any specific steps to support an increase in convictions where men are the victims of rape or domestic abuse?

[The Solicitor General]

I am grateful to my hon. Friend for that question, and let me assure him that when it comes to the prosecution of rape and serious sexual offences, it applies equally to men as to women. Boys, of course, can also sadly be the victims of sexual abuse. Sentencing guidelines, of course, draw no distinction of gender, and neither should the investigation or prosecution of offences.

[Andrew Gwynne (Denton and Reddish) (Lab)]

Despite claims of the highest number of convictions ever, the fact is that in the last year the number of convictions for rape, domestic abuse and other serious sexual offences has fallen. What is the Solicitor General going to do to turn those worrying figures around?

[The Solicitor General]

I think the hon. Gentleman means that the rate has fallen slightly. I think it important to continue to prosecute more and more of these cases. For too long, many victims have found that their cases have not even been brought to court. Looking at the analysis of rape convictions, I am encouraged to see that the number of convictions that have not been brought because of a prosecution failure is reducing, so drilling down and looking at the reasons for the non-convictions is very important. We have to continue progress in that direction.

[Catherine McKinnell (Newcastle upon Tyne North) (Lab)]

Successfully prosecuting rape and domestic violence cases clearly requires a properly resourced CPS, yet the budget has been slashed by 25% since 2010 and the rate of ineffective and cracked trials owing to prosecution issues is at a five-year high. With senior respected personnel leaving and expressing grave concerns, do the Solicitor General and the Attorney General really believe that the CPS can sustain more cuts on the same scale and still deliver justice?

[The Solicitor General]

I am afraid that the hon. Lady is in error when she suggests that the number of ineffective trials is at an all-time high. As I have said, the number of cases being prosecuted continues to increase, and there is no question of prosecutions not being brought because of a lack of resources. Rape and serious sexual offences units are well resourced, and they will continue to be resourced by the CPS.

[David Mowat (Warrington South) (Con)]

5. What steps he plans to take to protect child witnesses in sex abuse and other cases from intimidation during cross- examination.

[Mark Menzies (Fylde) (Con)]

11. What recent steps the Crown Prosecution Service has taken to improve its engagement with and support for vulnerable witnesses.

[The Solicitor General (Robert Buckland)]

The defence case has to be put to all prosecution witnesses, but in order to ensure effective cross-examination, a mandatory advocacy course for all defence advocates is being developed and will include the cross-examination of vulnerable witnesses. Pre-recorded cross-examination has already been piloted successfully, and we are committed to a national roll-out.

[David Mowat]

In 2011, at Stafford Crown court, a victim of child abuse was cross-examined in a vicious and intimidatory way for 12 days by a team of seven barristers, during a session in which the judge was generally thought to have lost control of the courtroom. Such cross-examination is a massive disincentive for others to come forward. Four years later, may I ask what steps have been taken to prevent it from happening again?

[The Solicitor General]

I well remember that case. The good news is that in the retrial matters were handled very differently, and the outcome was successful. However, intimidatory cross-examination should not happen. Judges have a duty to ensure that young witnesses are not cross-examined inappropriately. As I have said, a new advocacy course is being developed to ensure that that sort of abuse does not happen again.

[Mark Menzies]

Will the Solicitor General tell us what the CPS is doing to help vulnerable witnesses, such as victims of human trafficking, to give evidence in courts?

[The Solicitor General]

Recently, the CPS drew up new guidelines for the care of witnesses in court. Those guidelines are currently being piloted and will be rolled out nationally in the new year. They will go a long way towards supporting witnesses, while avoiding the dangers of coaching witnesses in the giving of evidence, which, of course, would not be desirable.

[Jim Shannon (Strangford) (DUP)]

In the last few years, it has become clear that a great many young people have been sexually abused over a number of years and are traumatised by that abuse. Can the Solicitor General assure the House that the necessary resources are available so that the young people in all those cases can be looked after?

[The Solicitor General]

I can reassure the hon. Gentleman. As I have said many times before, when it comes to the protection of vulnerable witnesses and complainants in criminal cases, the CPS is always working to improve its processes so that the experience can be as smooth as possible. What we do not want is a repeat, in effect, of the abuse that those people originally suffered when they come to court and give evidence.

[John Howell (Henley) (Con)]

14. Operation Bullfinch, in Oxford, introduced a number of radically different procedures for coping with vulnerable witnesses. What lessons have been learnt from that?

[The Solicitor General]

I know that my hon. Friend has a long-standing interest in improving the processes as a result of that case, which helped to revolutionise the way in which the investigatory authorities all work together. There have been a number of other successful investigations in his own police area, which are helping to improve national practice, and there is a much greater understanding across the country of the way in which such cases can be effectively prosecuted.

[Chi Onwurah (Newcastle upon Tyne Central) (Lab)]

6. Whether future military action using drones overseas will require his approval.

--- Later in debate ---

[Tom Pursglove (Corby) (Con)]

7. What steps the Crown Prosecution Service is taking to ensure that court time is not wasted.

[The Solicitor General (Robert Buckland)]

The listing of court cases is a judicial function and a responsibility of Her Majesty’s Courts and Tribunals Service, but when cases are listed the CPS takes steps to make sure the prosecution case is properly prepared and ready for an effective court hearing so the time set aside is fully utilised.

[Tom Pursglove]

I thank the Minister for that answer, but during a visit to Corby magistrates court I was shocked to hear about how much court time is wasted owing to the CPS not having its case together in time for when it is scheduled. Does the Minister agree that it is unacceptable for cases that are not complete to be brought to court? We really do need to get away from this; it is unacceptable and it wastes not only time but money.

[The Solicitor General]

I am grateful to my hon. Friend for his question. I know he works very hard with his local courts service. A lot of innovation with regard to transforming summary justice and the increasing use of digital processes is leading to quicker timescales, much more effective first hearings and a more efficient use of court time, so I think he has reasons to be optimistic.

[Several hon. Members rose—]

[Mr Barry Sheerman (Huddersfield) (Lab/Co-op)]

Thank you, Mr Speaker.

A constituent of mine who is a very competent manager recently did jury service. He said the court system was medieval and it was about time someone came in and organised it better, managed it better and gave a real return to the taxpayer, with better justice delivered quickly.

[The Solicitor General]

I am grateful to the hon. Gentleman for his question. After many years in the courts system myself, I understand his constituent’s concerns. The good news is that a lot of work is being done to digitise the paperwork so that time can be saved. Already there is a new proposed roll-out next year, which will co-ordinate the way in which the courts work with the CPS and other agencies so the sort of delays that irritated his constituent can be reduced and removed.

[Graham Evans (Weaver Vale) (Con)]

9. What steps the Crown Prosecution Service is taking to increase the number of successful prosecutions for human trafficking offences involving forced labour.

[The Solicitor General (Robert Buckland)]

In advance of the introduction of the Modern Slavery Act 2015 the CPS delivered joint training with the police and issued guidance to strengthen prosecutions. In forced labour cases the CPS also encourages prosecution for other offences such as trafficking for forced labour, money laundering, benefit and mortgage fraud, tax evasion and Gangmasters (Licensing) Act offences.

[Graham Evans]

Given the sheer number of refugees fleeing the conflict in Syria, taking action against human traffickers is of the utmost importance in protecting some of the world’s most vulnerable people. What steps is my hon. and learned Friend taking to improve the confiscation of the proceeds of exploiting migrant workers into modern-day slavery?

[The Solicitor General]

I know that my hon. Friend has a long-standing interest in this issue. The Crown Prosecution Service is helping to improve the situation by building capacity and capability in other countries, because this is an international problem. This is being done by better linking the work of the regional asset recovery teams with that of the human trafficking investigators, so that financial investigation can become sharper and more efficient.

[David T. C. Davies (Monmouth) (Con)]

13. My hon. and learned Friend has outlined what is being done on an international basis. Will he go further and confirm that the Immigration Bill, which had its Second Reading this week, will help to tackle this disgraceful problem at a domestic level?

[The Solicitor General]

The Minister for Immigration and I have the duty of taking that Bill through its stages in this House, and I can assure my hon. Friend that its provisions will dovetail well to improve the range of tools that the authorities have to protect victims of trafficking and prosecute perpetrators.

The Minister for Women and Equalities was asked—