Oral Answers to Questions

Debate between Robert Buckland and David Davis

Tuesday 14th September 2021 Commons Chamber

[Robert Buckland]

With respect to the hon. Gentleman, this is not a question of our blaming the Crown Prosecution Service. There is a constitutional principle here. The Crown Prosecution Service is independent, and the Law Officers are responsible for the superintendence of that service. I am sure that his colleague the shadow Solicitor General will be able to ask the Law Officers these questions in the next few days.

[Mr David Davis (Haltemprice and Howden) (Con)]

T3. In the recent court decision to extradite Dr Mike Lynch, the Serious Fraud Office made a submission in defiance of normal standards of British justice. Despite the SFO finding no case to answer, it nevertheless recommended extradition to the United States. It did so because American prosecutors have a higher chance of conviction because they use coercion and threats to turn junior staff into prosecution witnesses, which is done without the prosecutors being required to tell the court. These tactics also prevent defence witnesses from appearing. We explicitly prohibit such behaviour in British courts because we believe it would undermine British justice, so the SFO should not be recommending the extradition of British citizens to face this parody of justice. Will the Justice Secretary review this, with a view to putting in place proper guidelines to prevent it happening in future?

[Robert Buckland]

My right hon. Friend will appreciate that there are ongoing proceedings, including in the civil courts, and the extradition proceedings may be subject to further appeals, so it would not be right for me to comment directly on that case. The SFO is superintended by the Law Officers. However, I undertake to talk to him about the general issues of concern that he properly raises.

End-to-end Rape Review

Debate between Robert Buckland and David Davis

Monday 21st June 2021 Commons Chamber

[Robert Buckland]

I am grateful to the hon. Lady, who makes some extremely relevant points and gets to the heart of the issue when it comes to the need to reduce the number of victims in the first place. I was very glad to hear her reference to the curriculum. A lot of work has been done to expand the curriculum on sex education and healthy relationships, and I pay tribute to the work not only of teachers, but of third sector groups that are campaigning actively to improve the quality of that provision. She will be glad to know that the violence against women and girls strategy, which was reopened in the wake of the appalling Sarah Everard killing, has received hundreds of thousands of responses. That is going to be the heart of the Government’s approach to prevention in order to achieve the goal that she and I share.

[Mr David Davis (Haltemprice and Howden) (Con)]

Most rape victims feel unable to pursue their case because they feel disbelieved or judged. That was highlighted in the DSD and NBV v. Met police in 2018. The words of DSD, who was a victim of John Worboys, were:

“The police made me feel that I’d made it all up.”

It meant that Worboys was able to go on and carry out 100 more rapes of women. The other victim, NBV, said that the police

“asked me whether I’d describe myself as a young lady who would wear red nail polish and red lipstick. They asked me how often I would go out drinking…The way they behaved made me feel like anything that had happened to me was because I deserved it.”

The behaviour of the police in this case is a stark demonstration of why so many victims give up, yet the Metropolitan Police Commissioner rebutted the case, saying that it made their job too difficult. Frankly, unless the senior management of the Met and other large police forces show a willingness to change and learn from these cases, I am afraid we will need to look for new senior management.

[Robert Buckland]

My right hon. Friend has very graphically illustrated some of the appalling experiences that many complainants and victims have undergone, and that is very much at the core of this review. We need to move away from the fixation with the credibility or believing of the victim and be much more about the perpetrator. If someone’s house is burgled, they do not expect to have a long trawl into their personal history and whether they had left an upstairs window unlocked or whether they had been drinking; it is about trying to find out who did it and who is responsible for the crime. It is that sort of approach that we need in rape and serious sexual offending.

Oral Answers to Questions

Debate between Robert Buckland and David Davis

Tuesday 25th February 2020 Commons Chamber

[Robert Buckland]

I welcome the spirit in which the hon. Gentleman raises his question. When I was Solicitor General, I met the lead official on community sentencing in the Scottish Government, who had a lot of experience here in the capital and elsewhere in England. Yes, there is a lot we can learn, although I am not with him on an absolute abolition of short-term sentences. The evidence does not necessarily point to it making a big contribution to a reduction in reoffending. However, there is a stubborn cohort of prolific offenders who end up in a revolving door situation, and it is that agenda that I will be addressing as part of my smart approach to sentencing later in the year.

[Mr David Davis (Haltemprice and Howden) (Con)]

For one category of crime—domestic violence—the moment of release of the perpetrator is the start of a period of fear for their erstwhile victim. Has the Lord Chancellor considered the possibility of extending the restrictions and restraints on those criminals beyond the sentence period they are given in court?

[Robert Buckland]

I am grateful to my right hon. Friend for raising an issue of deep concern to us all. He will be reassured to know that a range of options is available now to the courts, including restriction orders, serious crime prevention orders and other types of court order, that can prevent the perpetrator from contact or association with his or her victim. I would be happy to discuss the matter further with him. I do not want to add unnecessarily to the statute book, but he will be encouraged, I think, by the provisions in the domestic abuse Bill that will help to knit together the approach we want to take to protect victims of domestic abuse more effectively.