Rehabilitation of Offenders

Debate between Robert Buckland and Victoria Prentis

Wednesday 5th June 2019 Commons Chamber

[Victoria Prentis (Banbury) (Con)]

May I politely remind my hon. and learned Friend that it is not just employment prospects that will suffer if the box is not banned? There can often be a problem with getting social housing—indeed, any sort of housing—as well as with getting insurance or going to university or college. I welcome this statutory instrument, but it is particularly important that we get this absolutely right and proportionate.

[Robert Buckland]

My hon. Friend uses the word “proportionate”, and as a distinguished former Government lawyer, she knows what that means. I think many other people—Madam Deputy Speaker included—will know precisely what it means. It means, in effect, making sure that any measure does not defeat the purpose for which it was brought into force. In other words, it must not become self-defeating, and the response must be in line with the nature of the challenge. My hon. Friend is also absolutely right to talk about the wider context. We have to look at meaningful rehabilitation, and we have all seen plenty of examples of individuals who have committed offences and been punished for their crimes and who have been able to go on in later life to make a success of their work and family life and become the sort of citizens we want to see in our society. That is self-evident, and it is certainly the experience that all of us will have had at some point or other.

--- Later in debate ---

[Robert Buckland]

There would be a judicial review. That point was considered carefully in the other place. I readily accept and deal full on with the potentially onerous nature of having to bring a judicial review to challenge proceedings. But as I have said, the filter system that any chair would have to operate is considerable. There are safeguards and guarantees in respect of anonymity and publication that provide the sort of safeguard that, if misapplied, would quickly and obviously attract criticism when a higher court came to scrutinise the decision process.

[Victoria Prentis]

Will the Minister help the House? Are the chairmen of these inquiries not nearly always senior judges, who are perfectly able to make the sort of evaluation that he is telling us about?

[Robert Buckland]

My hon. Friend is absolutely right. As she will know, the process of obtaining a senior serving member of the judiciary will be done in consultation between the appropriate Secretary of State or Minister and, usually, the Lord Chief Justice, who will consider availability carefully. Retired High Court judges or lord and lady justices of appeal can also be considered. We are particularly fortunate, as I said at the beginning, to have Sir John and, formerly, Sir Christopher. They were asked to fulfil the role of chair as a result of consultation between Ministers and the Lord Chief Justice.

Oral Answers to Questions

Debate between Robert Buckland and Victoria Prentis

Tuesday 4th June 2019 Commons Chamber

[Robert Buckland]

The hon. Lady makes a very proper point, and I pay tribute to the probation officers I have worked with over many years. They are dedicated public servants who use their professional judgment and skill to help assess risk, which is an onerous task. I do not approve of scapegoating. I expect the service to support probation officers who are under pressure, but for cases where there needs to be an investigation, due process then has to take place.

[Victoria Prentis (Banbury) (Con)]

8. If he will make it his policy to end the requirement for 12 months of probation supervision for people with sentences of less than 12 months.

Oral Answers to Questions

Debate between Robert Buckland and Victoria Prentis

Thursday 7th March 2019 Commons Chamber

[The Solicitor General]

The hon. Gentleman knows that the Attorney General and I, as criminal litigators, have a long and deep interest in this issue. One of the newer challenges has been the rise of technology and the proliferation of telephones and other instruments that have to be examined in many cases. I will chair a digital summit in the months ahead, to try to develop innovative new ways in which we can assist the process. The disclosure issue, I am afraid, is a cultural issue of long standing. Not only the CPS but the police and other agencies have to change their ways and improve the position.

[Victoria Prentis (Banbury) (Con)]

What steps is my hon. and learned Friend taking to ensure that victims do not feel afraid or concerned about reporting crimes?

[The Solicitor General]

I am grateful to my hon. Friend. She knows, in the context of disclosure, that we must be very careful to strike a balance so that it does not become a box-ticking exercise. In particular, in every case the necessity to seize telephones and other items from victims should be assessed very much on the evidence, rather than as a matter of course. I think we must do everything to make it clear to victims that they will get support and encouragement, rather than feel that the process is working against them in a way that can be just as traumatic as the crime itself.

Withdrawal Agreement: Legal Advice

Debate between Robert Buckland and Victoria Prentis

Thursday 29th November 2018 Commons Chamber

[The Solicitor General]

I take the right hon. Gentleman’s question with the seriousness it deserves. That is why the Attorney General is coming here on the next sitting day before we start the five-day debate—so that hon. Members have a chance not just to question him but to digest what he says, come to a judgment and make points appropriately, either in the debate or in other proceedings that might follow.

[Victoria Prentis (Banbury) (Con)]

I must confess that I remain as confused as I was on 13 November about precisely what is being requested. What differences are there between the position now and the position the Government were in when advice was provided concerning Iraq?

[The Solicitor General]

My hon. Friend, who is a former Government lawyer, will recall that the circumstances of the publication of the Iraq advice were dramatically different from the current circumstances. In brief, extracts from the then Attorney General’s advice were leaked to the press during the 2005 election campaign, and in those exceptional circumstances, the then Labour Government took a collective decision that the Attorney General should publish the full text. That is the only time it has happened. It was an exceptional case that I do not think sets a precedent here.