Miscarriage of Justice Compensation
Warinder Juss Excerpts(1 week ago)
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Warinder Juss (Wolverhampton West) (Lab)
It is a pleasure to serve under your chairship, Mr Turner. I thank the hon. Member for Ceredigion Preseli (Ben Lake) for securing this important debate. I also declare my interest as a member of the Justice Committee.
I read about Brian Buckle’s case this morning, and I want to express how sorry I am for what he went through and the injustice he and his family have suffered. Compensation payments awarded to victims of miscarriages of justice can be life-changing for the individuals involved. As a solicitor before becoming an MP, dealing with negligence cases where I pursued compensation claims for clients who had suffered injustice, I appreciate how important compensation can be for victims of miscarriages of justice. My hon. Friend the Member for Hammersmith and Chiswick (Andy Slaughter) mentioned that such cases are not just about compensation, and he mentioned the Law Commission’s consultation, which I will not repeat here.
Just as important as obtaining financial compensation is the need for access to justice, so that those victims of miscarriages of justice can have their names cleared, their experiences acknowledged, and the harm inflicted upon them and their families recognised, together with a commitment to prevent future injustices. Very often in my career as a solicitor, I came across clients who had been very badly injured, but what they ultimately wanted was a proper apology and an acknowledgment that they had been wronged, rather than seeking maximum levels of compensation.
Access to justice is something that we, as parliamentarians, should be advocating for. The Anti-social Behaviour, Crime and Policing Act means that those wrongfully convicted must not only overturn their conviction but prove they are innocent beyond all reasonable doubt to be eligible for financial compensation. That unfairly reverses the burden of proof, where a person is presumed innocent until their guilt is proven beyond all reasonable doubt. This reversal of the burden of proof makes no sense at all and is contrary to the basic principles and rules of criminal justice in this country.
Mr Buckle’s KC, Mr Stephen Vullo, said he believes that the law was changed in 2014 to ensure that money is not paid out to victims of miscarriages of justice, and that it was a policy decision deliberately made to avoid the payment of compensation. It is therefore no surprise that, following the 2014 Act, there has been a huge decrease in the number and value of compensation payments that have been awarded.
Between 2016 and 2024, of 591 applications, the Ministry of Justice compensated only 39 claimants, representing a rejection rate of more than 93%. The law needs to be changed because justice and the opportunity for redress must be available for all in our society. A former criminal defence solicitor and specialist in miscarriages of justice at the University of Manchester, Suzanne Gower, says the current system is “inhuman” and “cruel” and sends a message that the state does not accept responsibility when it causes harm—that is clearly wrong.
It is essential that proper compensation payments are made so that victims of miscarriages of justice can recover the costs they have incurred in proving their innocence and be compensated for all they have suffered. However, alongside the correction of historical injustices, more needs to be done to ensure that we prevent these incidents from occurring in the first place. We need to learn lessons about why things have gone wrong by investing in investigative processes, ensuring accountability within institutions and promoting a culture of transparency. Those measures would not only save the Government and the taxpayer from a financial burden in the long run but, crucially, they would prevent more people from being harmed and prevent further miscarriages of justice.
Domestic Abuse Offences
Warinder Juss Excerpts(1 week, 2 days ago)
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Josh Babarinde
The hon. Member is absolutely right that domestic abuse is more than just an act; it is a campaign—a campaign of abuse, of misery and of an abuse of power by one or more people against another, and that is what makes it so difficult to convict.
There are so many areas in which the law could do better, and I was speaking about the early release scheme as an example. The scheme would release folks who had served 40% of their sentence rather than 50%. The Government nobly made a commitment to survivors that they would do everything possible to exclude domestic abusers from being released early under the SDS40 scheme, recognising that it can be super-destabilising for survivors, who need to prepare for when their abuser is back in society, their community and their neighbourhood.
Unfortunately, we know many domestic abusers were released early under the SDS40 scheme. That happened because the only way someone can be excluded from, or included in, an early release scheme is on the basis of the offence they have committed—something the Justice Secretary has confirmed—and not on the basis of anything else we might know about their behaviour. The problem is there is no specific offence of domestic abuse in the law. We therefore cannot properly exclude those people from an early release scheme, if that is something we are committing to those survivors.
Instead, we know domestic abusers are often convicted of actual bodily harm, assault or battery. Those offences were criminalised by an Act written in 1861—the Offences against the Person Act—that was not written with domestic abuse in mind. As a result, so many domestic abusers are falling through the cracks, and so many victims and survivors do not get the justice or recognition they deserve.
Warinder Juss (Wolverhampton West) (Lab)
I congratulate the hon. Gentleman, a Justice Committee colleague, on securing this debate. Victims of domestic violence are often women. Does he believe we would likely give domestic violence more attention if it were classified as domestic abuse? Does he think that might make a difference in giving more attention to domestic violence cases?
Josh Babarinde
I thank my Justice Committee colleague for his intervention. Of course, domestic violence is a form of domestic abuse, but we must remember that domestic abuse covers so many different kinds of activity, including emotional abuse, financial abuse, physical abuse and sexual abuse. It is critical that we recognise them all, because all too often there is disproportionate recognition of, say, physical violence, but some of the more hidden forms of abuse are just as damaging to victims and survivors.
Oral Answers to Questions
Warinder Juss Excerpts(2 weeks, 1 day ago)
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Shabana Mahmood
The right hon. Gentleman raises an incredibly important point. I am discussing with the Home Secretary the full range of powers that we need to have at our disposal, and she has already made it clear that we will not hesitate to act further if we need to. However, it is important that we are able to deport offenders who pose a risk to our country.
Warinder Juss (Wolverhampton West) (Lab)
Last week, at a Justice Committee hearing, it was confirmed that an effective probation service is essential to the rehabilitation of offenders and to prevent reoffending. However, over the years the service has been under immense strain owing to increased demand. What steps is the Secretary of State taking to ensure that probation officers have manageable caseloads, and that support is provided for their mental health and wellbeing to avoid high levels of stress and burnout, and also to help with the recruitment and retention of staff?
Sir Nicholas Dakin
Let me take this opportunity to pay tribute to the probation service. My hon. Friend is right to draw attention to the chaotic running of the service under the last Government. We are actively monitoring the effectiveness of the probation reset policy and assessing its impact on workload capacity, the time saved, and the increased focus on individuals posing the highest risk to public safety. We recognise the significant pressure that probation officers have been under, which is why comprehensive wellbeing support models have been put in place across our services, including dedicated wellbeing leads for both prison and probation services.
Courts and Tribunals: Sitting Days
Warinder Juss Excerpts(3 weeks ago)
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Shabana Mahmood
The right hon. Gentleman is entirely right. All the mechanisms at our disposal to reduce the cost of people going to court should be on the table, and we have already been acting to try to amplify the availability of mediation and other ways in which issues can be resolved. Going to court is always very expensive, sometimes for the individuals involved and often for the taxpayer, and it is important that we keep bearing down on those costs.
Warinder Juss (Wolverhampton West) (Lab)
I thank the Lord Chancellor for her honesty in setting out so clearly the difficult situation that we have inherited from the Conservative party, and I welcome the measures that she has proposed: the record investment in the justice system, and the measures taken to reduce the number of cases going to the Crown courts.
Warinder Juss
It has got worse, because of the Conservative party.
Does my right hon. Friend agree that, as well as focusing on the measures that she has already proposed, we should continue to focus on reducing crime in the first place, and pursue our policies for tackling youth crime, knife crime and violence against women and girls?
Shabana Mahmood
My hon. Friend is right. In order to deal with all the problems in the criminal justice system relating to policing, prosecutors and the situation in the Crown courts, we need a system-wide approach. That means taking action on the crimes that affect neighbourhoods up and down the country, which is why the Home Secretary’s recent Crime and Policing Bill is such a landmark piece of legislation. We must all play our part, because the criminal justice system has been left in a truly terrible state by the last Administration, and this Government are getting on with the job of sorting it out.
Violence against Women and Girls
Warinder Juss Excerpts(2 months, 2 weeks ago)
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Warinder Juss (Wolverhampton West) (Lab)
I commend all the speeches made this afternoon, particularly those made by the hon. Member for Lagan Valley (Sorcha Eastwood) and by my hon. Friends the Members for Luton North (Sarah Owen), for Milton Keynes Central (Emily Darlington) and for Rochdale (Paul Waugh). I have to confess that I felt quite shocked by some of the statistics and stories I heard, even though this is something I have been involved in for quite some time as a trade unionist. I also find myself warning my daughter to be careful when she goes out in a way that I would not with my son, even though they are of a similar age. That is unacceptable in this day and age.
Data published by the National Police Chiefs’ Council in July 2024 found that over 1 million crimes of violence against women and girls were recorded by the police in 2022-23, equating to nearly 3,000 offences every single day, and that violent crime against women and girls increased by 37% during the five-year period between 2018 and 2023. Using data from the crime survey for England and Wales, the Office for National Statistics has found that domestic abuse-related crimes represented 15.8% of all offences recorded by the police last year. Domestic violence is something that affects all cultures and societies, as was acknowledged by the hon. Member for East Grinstead and Uckfield (Mims Davies).
In my constituency of Wolverhampton West, we have the headquarters of the Haven Wolverhampton, a charitable organisation that provides practical and emotional support services to women and children who have suffered domestic violence, abuse and homelessness. The Haven has been established for more than 50 years and is one of the largest refuge providers in the UK, but like other charities it requires financial support to assist these women and children. As a society, we need to maintain and increase such provision throughout the country, and ensure that these organisations get the financial support they need.
We also need to safeguard victims of domestic violence in other ways. Currently, a survivor of domestic violence may be eligible for a debt solution to clear the debt accumulated during their abusive relationship, but once a debt solution is approved, their home address is published online on the individual insolvency register, which anyone can see. That is obviously terrifying for those who have been victims of domestic abuse, because it makes them vulnerable to further harm from their ex-partners, who can find their address online. There is an option to have their details hidden by obtaining what is known as a person at risk of violence order, but this requires them to pay £308 and attend court, which can be very difficult for traumatised survivors who are already in debt. I think that we should look at abolishing the fee for PARV orders.
I am very proud that this Labour Government have already taken steps to halve violence against women and girls within a decade by, for example, introducing Raneem’s law, which from this year will see domestic abuse specialists placed in 999 control rooms, and launching the pilot of domestic abuse protection orders, as well as rolling out the independent legal advocates for rape victims. However, having heard everyone this afternoon, I am sure the House would agree that we all need to strive to do even more.
Victims of Sexual Violence: Court Delays
Warinder Juss Excerpts(3 months, 1 week ago)
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Mary Glindon
It causes unnecessary and troublesome complexities for people who are already facing so much in their lives. We really cannot emphasise that enough.
In the final quarter of 2022, almost 70% of rape survivors withdrew from the justice system. The situation at present is nothing short of a crisis.
Warinder Juss (Wolverhampton West) (Lab)
It is estimated that the number of rape victims who pull out of prosecutions before trial has more than doubled in five years. One reason given is a shortage of lawyers—for both prosecution and defence—willing to take on rape and serious sexual assault cases, because they say that cases are becoming increasingly complex and that they are poorly paid in comparison with other areas of the law. Does my hon. Friend agree that it may be time for us to look at whether the lawyers doing this kind of work should be properly paid?
Mary Glindon
I hope that the review that will take place will look at everything and cover every aspect. I believe its aim is to be comprehensive and to bring justice and fairness to everybody involved in the system.
It is imperative that attention is drawn to the nature of postponements, which bear down on the already fragile mental health of victims. I have heard heartbreaking accounts of court dates being moved on the morning of the scheduled trial. Imagine waiting in anticipation for that day of justice, exerting every ounce of mental strength, just for it to be snatched away on the day of the trial. I invite colleagues to imagine that happening not once, but again and again.
There is also an important public safety element, which is too often overlooked. Many perpetrators are not placed on remand, and, when there is a delay to a case being heard, someone who could be guilty is walking the streets. Returning to the issue of fairness, there is a deep injustice to that: victims must look over their shoulder each and every day and have their lives put on hold, while perpetrators may be able to cling to their freedom for years.
I am cognisant that a number of factors have driven this enormous backlog, including the pandemic, industrial action by criminal barristers, a lack of capacity in the legal profession and an increase in the number of complex cases entering the system. While many of these factors are well known, it has also been brought to my attention that defence barristers may be able to generate a postponement by requesting a last-minute adjournment as a delay tactic. I would be grateful if the Minister committed to looking at that issue in more depth. We need greater scrutiny of last-minute adjournments, which are having such devastating impacts on victims.
In the summer, I wrote to the Justice Secretary on postponements and delays, and was grateful for the response that I received from the then Minister of State for Courts and Legal Services, my right hon. Friend the Member for Swindon South (Heidi Alexander), in which I was assured that reducing waiting times for victims of serious sexual offences is a priority for our Government. The Minister advised me that the Government were carefully considering the best way to fast-track rape cases, and were working with the judiciary to understand how that may be achieved. I would be grateful if the House received an update on the Government’s progress in delivering that manifesto commitment.
Oral Answers to Questions
Warinder Juss Excerpts(4 months, 3 weeks ago)
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Sir Ashley Fox (Bridgwater) (Con)
Warinder Juss (Wolverhampton West) (Lab)
The Minister of State, Ministry of Justice (Heidi Alexander)
We are funding 106,500 Crown court sitting days this financial year—500 days more than the previous Government originally agreed. To reduce the number of cases that end up at the Crown court, we are also extending magistrates’ sentencing powers to up to 12 months for an individual offence.
Heidi Alexander
We are currently operating 18 Nightingale courts in eight different locations, and we continue to recruit to the judiciary. The Conservatives cannot wash their hands of responsibility for the Crown court backlog. It was rising before covid. They closed more than 260 court buildings. They express concern now, but there was scant evidence of that in the 14 years they were in power.
Warinder Juss
Last week it was reported that the Crown court backlog is 71,000 cases, which could hit 100,000 unless radical action is taken. Some cases have not proceeded at all because of delays, includes those involving victims of serious offences such as rape, reinforcing that justice delayed is justice denied. I welcome the Chancellor’s Budget, confirming the significant financial investment in prison expansion and the Ministry of Justice funding settlement, which will increase Crown court sitting days. Does the Minister believe that the measures will be sufficient to reduce the Crown court backlog to an acceptable level, or does she envisage that further action will be necessary, such as increases to criminal legal aid?
Heidi Alexander
Legal aid is a vital part of the justice system, and it underpins our plans to build a justice system that works fairly for all parties. The previous Government left the civil and criminal legal aid markets in dire straits and facing significant challenges. We intend to publish our response shortly to the “Crime Lower” consultation, which relates to the fees paid to duty solicitors in police stations among other things, and we will follow up on that with our response to the Law Society’s successful judicial review of the previous Government’s decision on criminal legal aid fees.
Sentencing Review and Prison Capacity
Warinder Juss Excerpts(5 months ago)
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Shabana Mahmood
Yes, I absolutely can. The whole point of the review is to ensure that the country is never again in a position in which we might run out of prison places, and to ensure that those who must be locked up to keep the public safe will always be locked up.
Warinder Juss (Wolverhampton West) (Lab)
Keeping a prisoner in prison costs the taxpayer over £50,000 a year, whereas punishing the prisoner out of prison costs less than £5,000 a year. What is more, the prisoner is then far less likely to reoffend. Does the Secretary of State agree that taxpayers’ money would be better spent on having a much cheaper and better alternative to prison?
Shabana Mahmood
My hon. Friend makes a really important point about the relative costs of imprisonment and of punishment out of prison. Delivering the 14,000 prison places that the previous Government failed to deliver is a big cost, but it will be met by this Government. We must also ensure that we expand punishment out of prison. All options must be pursued if we are to get to grips with this crisis.
Criminal Justice System: Capacity
Warinder Juss Excerpts(5 months, 1 week ago)
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Shabana Mahmood
We will of course look at improved literacy and other skills within our prison estate. The problem with running a prison estate as hot as the previous Government did, and so full to the brim, is that when we are so badly overcrowded and prisoners are locked up for 23 hours every day, there is very little other work we can do to help prisoners rehabilitate. Dealing with the capacity crisis will enable us to have a better performance and better track record on rehabilitation, which is crucial if we are ultimately to reduce the number of victims in future and cut crime.
Warinder Juss (Wolverhampton West) (Lab)
Does the Secretary of State agree that failing to address the prisons capacity crisis and allowing the Crown court backlog to grow to unprecedented levels has meant that the entirety of our criminal justice system has been broken? I make particular reference to rape and serious sexual offences cases.
Shabana Mahmood
It is clear that the position I have inherited from my predecessors was shocking and completely unacceptable. We were, simply, one bad day away from total disaster in our criminal justice system. That is why, since we formed the Government, we have been making the difficult choices necessary to stabilise our criminal justice system and stabilise the situation in our prisons, so we can restore the system to one that the public can rightly have confidence in.