Oral Answers to Questions

Suella Braverman Excerpts

Thursday 10th December 2020 Commons Chamber

[Jessica Morden (Newport East) (Lab)]

What steps she is taking with (a) the CPS and (b) partner agencies in the criminal justice system to help reduce the backlog of cases as a result of the covid-19 outbreak.

[The Attorney General (Suella Braverman)]

Morning, Mr Speaker. The criminal justice response to the pandemic has been truly collaborative, and I thank all frontline staff for their incredibly hard work. The Crown Prosecution Service is working closely with partner agencies to reduce the backlog of cases in courts. That includes introducing internal measures to manage larger, live caseloads and working to ensure maximum throughput of cases at court. I am pleased to say to the hon. Lady that Newport and Cwmbran magistrates court is now listing cases in line with pre-covid timescales.

[Jessica Morden]

The backlog of cases has meant a serious delay in the ability to access justice. As the Law Society has pointed out:

“Investing in legal aid for early advice and legal representation will ensure judicial time is used as efficiently as possible in cases which do go to court.”

What is the Attorney General doing with the Lord Chancellor to ensure that legal aid and early advice are funded properly to help tackle the backlog?

[The Attorney General]

I am grateful for the question from the hon. Lady. I am working with the Lord Chancellor and with all Government Departments to support publicly funded lawyers. At the beginning of the pandemic, the CPS, for which I am mainly responsible, made changes to its system for paying fees to advocates to help support them during this difficult time. In August, the Government invested a further £51 million into the criminal legal aid fee scheme to better reflect the important work that publicly funded barristers provide.

[Sir Robert Neill (Bromley and Chislehurst) (Con)]

I and members of the Justice Committee join the Attorney General in paying tribute to all those in the justice system who have worked very hard to deal with the extra pressures of the covid pandemic. Recognising that, she will know of course that the Lord Chief Justice has recently observed that a significant number of multi-handed large-scale organised crime cases are likely to be coming into the Crown court system in the coming year. That will add to pressure because of the social distancing arrangements required in Crown courts, and given that we are listing, at the moment, some cases up to 2022, that is clearly not desirable. How is she proposing that the CPS deals specifically with those pressures given also the comments by the inspectorate around disclosure still needing to be improved as that can cause delays at trials?

[The Attorney General]

Again, my hon. Friend raises an important point, because, in order to tackle the backlog and ensure that court activity continues where possible, the CPS has moved over its Crown advocates to increase its resources in reviewing cases and has offered secondments to the Bar. That is something that has been welcomed by the Bar and by the profession. That move to bring CPS advocates in-house to deal with charging and case progression—matters that my hon. Friend raises—ensures that the CPS is in the best place to be ready for trials and to support the courts recovery plan to deal with the backlog and, in particular, those multi-handed trials, which are of concern when it comes to bearing down on this backlog.

[Mr Speaker]

I now call shadow Attorney General, Ellie Reeves, to whom I send birthday greetings. Happy birthday.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

Thank you very much, Mr Speaker, and I congratulate the Attorney General on her happy news.

The CPS case backlog is up 55% since March; victims of domestic violence are being told by police to pursue civil action rather than criminal prosecutions because the courts are so overwhelmed; and the latest figures show that domestic abuse prosecutions are down by 19%. On the final day of 16 days of action against gender-based violence, it is clear that the Government are letting down victims on every front. What exactly is the Attorney General doing about this?

[The Attorney General]

I wish the hon. Lady a happy birthday and thank her for her kind wishes, but I have to disagree with the premise of her question.

Of course, the Government take very seriously the challenges faced by vulnerable victims, particularly at this difficult time, and we acknowledge there are challenges and strains in the court system. That is why, earlier this year, the CPS introduced the interim charging protocol with the police, which prioritised high-harm cases, including those with victims of domestic abuse or serious violence. That has enabled a slower decrease or fall in the prosecutions of those cases.

We have also seen the roll-out of section 28 in 18 courts since February, and, as of 23 November, throughout 82 Crown courts. That is a real benefit for vulnerable victims who are going through the traumatic experience of giving evidence in domestic abuse cases and on sexual violence matters.

[Martyn Day (Linlithgow and East Falkirk) (SNP)]

What recent assessment she has made of the effectiveness of the CPS’s policy on the prosecution of immigration offences.

--- Later in debate ---

[Tony Lloyd (Rochdale) (Lab)]

What steps she has taken to increase the number of prosecutions relating to rape and sexual assault.

[The Attorney General (Suella Braverman)]

Tackling rape is a priority for this Government, and £3 million has been awarded to the CPS in this year’s spending review specifically for rape and serious sexual offence work. This year the CPS published its own rape strategy, “Rape and Serious Sexual Offences (RASSO) 2025”, and has updated rape legal guidance and training for specialist prosecutors. The CPS is also engaging stakeholders on a joint action plan on rape, with the police, aimed at improving joint working, launching in 2021.

[Tony Lloyd [V]]

I can rehearse the figures, as indeed the Attorney General can, on declining rates of prosecution for rape and sexual violence. The Victims Commissioner, Vera Baird, found that only one in seven victims believes they will get any form of justice through our criminal justice system. Does the Attorney General agree that if rape is not to be a de facto matter of impunity for the attacker, we must have the rape review published as soon as possible, and that we have to see urgent action to begin to bring these catastrophic and scandalous numbers down and to give confidence to victims that they will actually get justice?

[The Attorney General]

The hon. Gentleman is, with respect, wrong to suggest that perpetrators of rape can behave with immunity—I think that was the word he used. There is a real priority shared throughout Government to bear down on the low rates of prosecutions and convictions in this area. Following the publishing of the shadow rape review, the Government have decided to delay publication of the end-to-end rape review until 2021, so that we can ensure proper engagement with the views and perspectives of stakeholders. That will allow us to assess other recently published findings, including the survey of victims of rape undertaken by the Victims’ Commissioner. That is important work, and we want to get it right.

[Ellie Reeves (Lewisham West and Penge) (Lab)]

Rape prosecutions are at their lowest level on record, and the recent survey of survivors found that just 14% believed they would receive justice by reporting the crime. Does the Attorney General agree that violence against women is a violation of women’s fundamental human rights, and does she therefore think that instead of announcing unnecessary consultations on the Human Rights Act 1998, which is there to protect victims and the public, the Government should instead focus on addressing the complete and systematic failures of the current criminal justice system?

[The Attorney General]

The decline in criminal justice outcomes for rape is a cause of deep concern for us all, and although the increased charge rates in 2019-20 and in quarter 1 of 2020-21 have led to increases in the volume of cases proceeding to prosecution following charge, there is clearly more to be done.

The decline in this issue is complex and cross-system. It is why the Government have commissioned an end-to-end rape review, which, as I said, is due to publish next year. The CPS is proactive in making improvements, including the publication of its strategy, which deals head-on with trying to support victims and to address the concerns expressed in the 2019 inspectorate report. It has also published updated rape legal guidance for public consultation. That is the way to get it right, so that we can inject long-term benefits and change in the system.

[Afzal Khan (Manchester, Gorton) (Lab)]

What discussions she has had Cabinet colleagues on providing financial support for publicly-funded barristers.

[The Attorney General (Suella Braverman)]

Criminal defence lawyers play a crucial role in upholding the rule of law, and the Government greatly value the work that they do. In my meetings with the Bar Council, the Criminal Bar Association and with circuit leaders, support for the publicly funded Bar is always high on the agenda.

There are three things here. First, at the beginning of the pandemic, the CPS made changes to its system for paying fees to advocates to support them at that difficult time. Secondly, the Government made it easier for barristers to claim hardship payments for Crown court work. Thirdly, in August, the Government invested an extra £51 million into the criminal legal aid fee scheme to better reflect the important work that criminal barristers do.

[Afzal Khan [V]]

It was extremely disappointing to see no further funding for legal aid practitioners announced in the Chancellor’s spending review. There has not been a rise in legal aid payments for 25 years, and a decade of Government cuts to legal aid have left thousands of practitioners facing the prospect of going out of business, even before coronavirus. Does the Attorney General agree that legal aid practitioners should have been included in the spending review?

[The Attorney General]

As I have already mentioned, the £51 million of additional funding through the criminal legal aid review has been allocated specifically for those publicly funded barristers and lawyers of whom the hon. Gentleman speaks. The next phase of CLAR will involve an independently led review that will ensure the market meets demands, provides value for money for the taxpayer and provides for defendants to continue to receive high-quality advice from a diverse range of practitioners, protecting access to justice now and into the future.

[Catherine West (Hornsey and Wood Green) (Lab)]

What assessment she has made of the adequacy of CPS resources to tackle domestic abuse prosecutions arising from the covid-19 lockdown.