Oral Answers to Questions

Robert Buckland Excerpts

Thursday 11th April 2019 Commons Chamber

[Alex Chalk (Cheltenham) (Con)]

1. What steps the Crown Prosecution Service is taking to support defendants with mental health issues.

[The Solicitor General (Robert Buckland)]

The Crown Prosecution Service has a duty of fairness to all defendants, including people with mental health issues. In March it launched a public consultation on revised guidance for prosecutors dealing with defendants with mental health issues. It welcomes responses to the consultation to ensure that its published legal guidance gives the best possible help to prosecutors dealing with such cases.

[Alex Chalk]

A fair trial is one in which the defendant can follow the proceedings and advance his defence, and the CPS, as an administerer of justice, will want to ensure that that remains the case. What steps is it taking to engage with experts to ensure that defendants are best placed to have a fair trial?

[The Solicitor General]

My hon. Friend, who has a considerable and distinguished history with regard to the prosecution of serious offences at the Bar, will know that it is vital for experts in the field to be consulted. As part of the consultation, different criminal justice diversions are being considered for some defendants with a range of mental illnesses. I should point out that although autism and other disabilities are included in that consideration, they are not mental illnesses but lifelong conditions. I think that that distinction needs to be drawn very carefully indeed.

[Mary Creagh (Wakefield) (Lab)]

I had to intervene with the CPS in the case of a young man in Wakefield who suffered from attention deficit hyperactivity disorder. I am happy to say that he has now received the treatment that he needed, and that the CPS was very compassionate. However, research shows that people with ADHD are disproportionately present in the criminal justice system. Will the Solicitor General work with the CPS and experts on the public health White Paper to ensure that young offenders who are disproportionately represented, and who are also likely to have higher reoffending rates, are systematically screened?

[The Solicitor General]

I welcome the hon. Lady’s reference to ADHD. In my professional experience, that condition, connected with communication disorder, is often very prevalent among young offenders in the criminal justice system. As part of the consultation, work will be ongoing to ensure that prosecutors have a greater awareness of the condition when they consider the merits of prosecution.

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

2. What recent discussions he has had with the Director of Public Prosecutions on ensuring more effective prosecutions of cases involving rape and other sexual offences.

[Thangam Debbonaire (Bristol West) (Lab)]

10. What recent discussions he has had with the Director of Public Prosecutions on ensuring more effective prosecutions of cases involving rape and other sexual offences.

[The Solicitor General (Robert Buckland)]

The CPS has undertaken extensive work to ensure that specialist prosecutors are fully equipped to deal with the particular complexities of such cases, and I engage with it regularly about this topic. In March the Government announced a review of how the criminal justice system responds to rape and serious sexual offences. The CPS supports the review, and is committed to working closely with the police and others to address any issues highlighted by it.

[Luke Pollard]

Is there any guidance for the police or the CPS on access to victims’ data? It concerns me that victims of sexual abuse and rape are being subjected to trawls of their personal data—counselling, school and work data—before the CPS considers taking up their cases.

[The Solicitor General]

The hon. Gentleman has raised an important point. A natural and anxious debate is taking place about disclosure, but I can reassure the hon. Gentleman—and, indeed, all complainants and victims of crime—that “reasonable lines of inquiry” does not mean a reckless trawl through the private lives of entirely innocent individuals. That is not a good use of resources, and it is not what we are encouraging. We need a far more targeted line of inquiry, in accordance with both the law and the code of practice.

[Thangam Debbonaire]

Intimate partners and ex-partners are the largest single category of perpetrators of rape and sexual assault, which, in my experience of working with abusive men, are linked to outdated and, frankly, illegal attitudes to sex in relationships. What discussions is the Solicitor General having with his colleagues in the Department for Education about the content of the curriculum for relationships and sex education in schools?

[The Solicitor General]

I pay tribute to the hon. Lady for the work that she has done on this issue in the past. She is absolutely right to talk about the input of the Department for Education. I was delighted that the House overwhelmingly passed the new regulations on personal, social, health and economic education, because they deal with relationships properly, and will help young people to understand at an early age what that means and what their responsibilities are. I will continue to have conversations with colleagues in the DFE, and also, importantly, to ensure that the myth-busting that is already being delivered by judges and prosecutors in Crown court trials continues, so that jurors—along with everyone else who is involved in the system—do not have outdated misconceptions about these appalling crimes.

[Theresa Villiers (Chipping Barnet) (Con)]

12. Millions of people in this country carry smartphones, which collect a huge amount of information on their activities. Will the Government take urgent action to ensure that the criminal justice system gets better at analysing that information? Otherwise, we will see many more collapses of trials.

[The Solicitor General]

My right hon. Friend is right to raise this issue. She will be glad to know that, as part of the work that my right hon. and learned Friend the Attorney General and I have done to publish a new report on disclosure, I will be chairing a tech summit in June to deal precisely with how we can make artificial intelligence work to help with the huge challenge of trawling through that sort of data.

[Eddie Hughes (Walsall North) (Con)]

In cases where rape leads to pregnancy, does my hon. and learned Friend agree with the intention behind the 10-minute rule Bill introduced by the hon. Member for Sheffield, Heeley (Louise Haigh) to remove parental rights from fathers of children conceived through rape?

[The Solicitor General]

I am grateful to my hon. Friend for raising that issue with me. I regrettably have not had time to consider that Bill, but everyone in the House can agree that those who act criminally and break the law in a serious way should not expect to enjoy the same rights and privileges that the rest of us enjoy.

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

I am one of those who represents a constituency that has had this curse of the wicked grooming, mainly of young girls, by gangs—it has happened in more than a dozen cities and towns in this country. We still have not had an inquiry into the underlying causes and why this happened. The Crown Prosecution Service is under pressure to meet its responsibilities due to the lack of resources.

[The Solicitor General]

The hon. Gentleman is right to raise this deeply concerning issue. I am happy to report that there have been a number of successful prosecutions of gangs who engage in this despicable and criminal behaviour. That is as a result of a change of culture that means the victims of these crimes are taken far more seriously than they were even a few years ago. So there is progress.

[Sir Desmond Swayne (New Forest West) (Con)]

3. If he will make an assessment of the effect of social media on the administration of justice.

[The Solicitor General (Robert Buckland)]

The response to the call for evidence on the impact of social media on the administration of justice was published on 5 March this year. We concluded that, whereas at present social media are not having a widespread impact on the trial process, this may not remain the case if the issues identified are not addressed. The Government are responding in a number of ways, including a new gov.uk webpage to support the public in understanding how they can responsibly comment on criminal trials in social media.

[Sir Desmond Swayne]

Do users, who appear to have an opinion on everything, have any idea what the law actually is?

[The Solicitor General]

I do sometimes wonder. It should be as plain as a pikestaff to anyone that the criminal trial process has to have integrity and be based on the evidence heard in court. That is why the new contempt online webpage sets out clear and accessible information for the public on what might be considered contempt. I reassure my right hon. Friend that the law officers take robust action where there is evidence of contempt.

[Chris Elmore (Ogmore) (Lab)]

Will the Solicitor General set out what work he is doing with Twitter, Facebook, Google and other online platforms, which is mainly where people take the law into their own hands and assume that they know what they are talking about when they refer to cases and other issues?

[The Solicitor General]

The hon. Gentleman raises an important point. He will be happy to know that I have set up a special point of contact with each of those social media companies so that if an issue is raised with my office an official can immediately contact a named person to ensure as rapid as possible a takedown of the offending material.

[Alison Thewliss (Glasgow Central) (SNP)]

4. What assessment he has made of the potential effect of the UK leaving the EU on the protection of human rights in the UK.