Asked by: Alex Cunningham (Labour - Stockton North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, in how many cases a qualified legal representative was (a) required and (b) available.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
The Qualified Legal Representative (QLR) scheme was introduced in July 2022, following the Government’s Domestic Abuse Act (2021) which prohibited unrepresented perpetrators or alleged perpetrators of abuse from cross-examining their victims or alleged victims in family and civil proceedings, and vice versa. The prohibition ensures that vulnerable victims and witnesses are not traumatised by being cross-examined directly by their alleged perpetrator.
As of 20 March 2024, there are currently 366 QLRs registered to undertake work in the family courts and 78 QLRs registered to undertake work in the civil courts. We do not hold central data on total registrations since the publication of the statutory guidance.
Circumstances under which a QLR is required vary, for example, depending on whether parties have their own representation, and decisions on which cases require QLRs are taken by the courts. We do not collect data centrally on how many cases have required a QLR, or the number of QLRs that have presented cases under the scheme.
We do not hold central data on how many QLRs have completed training, which they are able to access from a range of external providers. The Government encourages legal professionals to take up this important work to assist in both the family and civil courts, and to complete the required training as early as practicable.
Asked by: Alex Cunningham (Labour - Stockton North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department is taking steps to monitor the requirement for qualified legal representatives to undergo vulnerable witness training within six months of registering.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
The Qualified Legal Representative (QLR) scheme was introduced in July 2022, following the Government’s Domestic Abuse Act (2021) which prohibited unrepresented perpetrators or alleged perpetrators of abuse from cross-examining their victims or alleged victims in family and civil proceedings, and vice versa. The prohibition ensures that vulnerable victims and witnesses are not traumatised by being cross-examined directly by their alleged perpetrator.
As of 20 March 2024, there are currently 366 QLRs registered to undertake work in the family courts and 78 QLRs registered to undertake work in the civil courts. We do not hold central data on total registrations since the publication of the statutory guidance.
Circumstances under which a QLR is required vary, for example, depending on whether parties have their own representation, and decisions on which cases require QLRs are taken by the courts. We do not collect data centrally on how many cases have required a QLR, or the number of QLRs that have presented cases under the scheme.
We do not hold central data on how many QLRs have completed training, which they are able to access from a range of external providers. The Government encourages legal professionals to take up this important work to assist in both the family and civil courts, and to complete the required training as early as practicable.
Asked by: Alex Cunningham (Labour - Stockton North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many qualified legal representatives had completed vulnerable witness training when they registered for the scheme.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
The Qualified Legal Representative (QLR) scheme was introduced in July 2022, following the Government’s Domestic Abuse Act (2021) which prohibited unrepresented perpetrators or alleged perpetrators of abuse from cross-examining their victims or alleged victims in family and civil proceedings, and vice versa. The prohibition ensures that vulnerable victims and witnesses are not traumatised by being cross-examined directly by their alleged perpetrator.
As of 20 March 2024, there are currently 366 QLRs registered to undertake work in the family courts and 78 QLRs registered to undertake work in the civil courts. We do not hold central data on total registrations since the publication of the statutory guidance.
Circumstances under which a QLR is required vary, for example, depending on whether parties have their own representation, and decisions on which cases require QLRs are taken by the courts. We do not collect data centrally on how many cases have required a QLR, or the number of QLRs that have presented cases under the scheme.
We do not hold central data on how many QLRs have completed training, which they are able to access from a range of external providers. The Government encourages legal professionals to take up this important work to assist in both the family and civil courts, and to complete the required training as early as practicable.
Asked by: Alex Cunningham (Labour - Stockton North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, in how many cases a qualified legal representative was (a) required and (b) not available.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
The Qualified Legal Representative (QLR) scheme was introduced in July 2022, following the Government’s Domestic Abuse Act (2021) which prohibited unrepresented perpetrators or alleged perpetrators of abuse from cross-examining their victims or alleged victims in family and civil proceedings, and vice versa. The prohibition ensures that vulnerable victims and witnesses are not traumatised by being cross-examined directly by their alleged perpetrator.
As of 20 March 2024, there are currently 366 QLRs registered to undertake work in the family courts and 78 QLRs registered to undertake work in the civil courts. We do not hold central data on total registrations since the publication of the statutory guidance.
Circumstances under which a QLR is required vary, for example, depending on whether parties have their own representation, and decisions on which cases require QLRs are taken by the courts. We do not collect data centrally on how many cases have required a QLR, or the number of QLRs that have presented cases under the scheme.
We do not hold central data on how many QLRs have completed training, which they are able to access from a range of external providers. The Government encourages legal professionals to take up this important work to assist in both the family and civil courts, and to complete the required training as early as practicable.
Asked by: Alex Cunningham (Labour - Stockton North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many and what proportion of (a) barristers, (b) solicitors and (c) CILEX practitioners have (i) applied for and (ii) completed training to become a qualified legal representative under the Cross Examination Prohibition Scheme since July 2022; and whether he has made an estimate of the number these individuals that have presented cases under the scheme.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
We have assumed that both questions refer to the Qualified Legal Representative (QLR) scheme which was introduced in July 2022 and follows the Government’s Domestic Abuse Act (2021) which prohibited unrepresented perpetrators or alleged perpetrators of abuse from cross-examining their victims or alleged victims in family and civil proceedings, and vice versa. The prohibition ensures that vulnerable victims and witnesses are not traumatised by being cross-examined directly by their alleged perpetrator.
Barristers, solicitors, and CILEX practitioners can register to undertake work as part of the QLR scheme at GOV.UK: Register to be a qualified legal representative (justice.gov.uk). The statutory guidance sets out the requirement for QLRs to have undertaken advocacy and vulnerable witness training, or to have made a commitment to attend such training within six months of having registered on the court list of qualified legal representatives: Statutory Guidance for the Qualified Legal Representative Scheme. The Government encourages professionals to take up this important work to assist in both the family and civil courts.
As of 27 February 2024, in total, there were 363 QLRs registered for family cases, and 78 QLRs registered for civil cases. We do not hold monthly data on registrations, or central data on how many QLRs have completed or applied for training, which they are able to access from a range of external providers. The QLR register does not record whether practitioners are barristers, solicitors, or CILEX practitioners. We do not collect data on the number of QLRs that have presented cases under the scheme.
Asked by: Alex Cunningham (Labour - Stockton North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many and what proportion of (a) barristers, (b) solicitors and (c) CILEX practitioners have registered for work under the Cross Examination Prohibition Scheme in each of the last 12 months.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
We have assumed that both questions refer to the Qualified Legal Representative (QLR) scheme which was introduced in July 2022 and follows the Government’s Domestic Abuse Act (2021) which prohibited unrepresented perpetrators or alleged perpetrators of abuse from cross-examining their victims or alleged victims in family and civil proceedings, and vice versa. The prohibition ensures that vulnerable victims and witnesses are not traumatised by being cross-examined directly by their alleged perpetrator.
Barristers, solicitors, and CILEX practitioners can register to undertake work as part of the QLR scheme at GOV.UK: Register to be a qualified legal representative (justice.gov.uk). The statutory guidance sets out the requirement for QLRs to have undertaken advocacy and vulnerable witness training, or to have made a commitment to attend such training within six months of having registered on the court list of qualified legal representatives: Statutory Guidance for the Qualified Legal Representative Scheme. The Government encourages professionals to take up this important work to assist in both the family and civil courts.
As of 27 February 2024, in total, there were 363 QLRs registered for family cases, and 78 QLRs registered for civil cases. We do not hold monthly data on registrations, or central data on how many QLRs have completed or applied for training, which they are able to access from a range of external providers. The QLR register does not record whether practitioners are barristers, solicitors, or CILEX practitioners. We do not collect data on the number of QLRs that have presented cases under the scheme.
Asked by: Ruth Jones (Labour - Newport West)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what discussions he has had with the Welsh Government on steps to increase charge rates for serial perpetrators of (a) domestic abuse and (b) sexual violence in (i) Newport West constituency and (ii) Wales.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
The Home Office engages regularly with partners, including the Welsh Government and Police and Crime Commissioners, on policing priorities. This includes improving the response to domestic abuse, sexual violence, delivering the commitments in the Tackling Violence Against Women and Girls Strategy (2021) and the Tackling Domestic Abuse Plan (2022), and bringing more perpetrators to justice. Policing is a reserved matter, and the existing governance and partnership arrangements provide a significant level of integration and autonomy.
To improve conviction rates and understanding of why domestic abuse cases do not progress, the National Police Chiefs’ Council (NPCC) and the Crown Prosecution Service (CPS) are developing a Domestic Abuse Joint Justice Plan (DA JJP). The DA JJP is welcomed by the Home Office and is expected to be published in March 2024.
In addition, in 2021 we published the Rape Review Action Plan and set out a series of commitments to deliver cross-system improvements in the criminal justice response to rape. One such commitment was Operation Soteria, a joint policing and CPS programme, to develop new national operating models for the investigation and prosecution of rape and support police and prosecutors across England and Wales to ensure investigations follow rigorous procedures directed at the conduct of the suspect.
Asked by: Ruth Jones (Labour - Newport West)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what steps he is taking to help protect victims of domestic abuse in Newport West.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
Victims of domestic abuse in Wales, including Newport West, have access to a range of support and protections as a result of the Domestic Abuse Act 2021 and our Tackling Domestic Abuse Plan (2022).
The Plan invests over £230 million of cross-Government funding into tackling this crime. This includes up to £140 million for supporting victims, and over £81 million for tackling perpetrators and to support policing. Funding which may support victims in Newport West from this plan includes, but is not limited to:
From 31st January 2024, victims can benefit from direct payments to victims flee abuse or build a sustainable future due to an additional new £2 million investment into the Flexible Fund.
This funding is alongside measures to protect victims and pursue perpetrators, such as adding violence against women crime types – including domestic abuse – to the revised Strategic Policing Requirement, elevating it to a national threat for police forces to respond to accordingly.
Asked by: Apsana Begum (Labour - Poplar and Limehouse)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment his Department has made of the implications for his policies of the experiences of the criminal justice system of survivors of domestic abuse.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
In March 2022, we published the cross-Government ‘Tackling Domestic Abuse Plan’, which seeks to transform society’s response to domestic abuse through preventing reoffending, supporting victims, pursuing perpetrators and strengthening the systems processes in place needed to deliver these goals.
To ensure victims are given the support they need, the Government has supported the Domestic Abuse Matters programme which provides specialist domestic abuse training to police forces. We are funding the development of a new module of this training programme, targeted specifically at investigators of domestic abuse offences to enable further improvement in police responses to domestic abuse incidents. A 2020 evaluation of the programme showed a 41% increase in arrests for coercive or controlling behaviour, associated with the training.
The Ministry of Justice (MoJ) have quadrupled funding for victim and witness support services by 2024/25, up from £41 million in 2009/10. This funding includes £21 million ringfenced per annum for PCCs to commission services supporting victims of sexual violence and domestic abuse. The MoJ are using additional ringfenced funding to increase the number of ISVAs and IDVAs by 300, to over 1,000, by 2024/25 - a 43% increase.
In February 2023, MoJ laid secondary legislation to ensure legal aid will be available for domestic abuse victims seeking a Domestic Abuse Protection Order. The legislation now also allows for more types of evidence to be accepted from victims of domestic abuse, making it easier for victims to evidence their claims and access the support they need.
In March 2023, the Government introduced the Victims and Prisoners Bill to Parliament. Under the Victims’ Code, victims are entitled to have their crime investigated without unjustified delay and to be provided with information about the investigation and prosecution.
Asked by: Stephen Morgan (Labour - Portsmouth South)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of the sentencing framework for perpetrators of coercive control.
Answered by Gareth Bacon - Parliamentary Under-Secretary (Ministry of Justice)
The sentencing framework is kept under constant review by the Government. However, sentencing in individual cases is a matter for the independent courts in accordance with the sentencing guidelines, developed by the independent Sentencing Council.
The Government created the offence of Controlling and Coercive Behaviour in the Serious Crime Act 2015. Since the offence came into force in 2016, the number of people sentenced for this offence has consistently increased, nearing tenfold. The average custodial sentence length has also increased from 17.1 to 24.4 months.
In response to the independent Domestic Homicide Sentencing Review undertaken by Clare Wade KC, we have introduced legislation to create new statutory aggravating and mitigating factors for murders preceded by controlling and coercive behaviour.
The Sentencing Council have recently consulted on making a similar change to the manslaughter sentencing guideline. The Council have also introduced the Domestic Abuse Overarching Principles guideline, which came into force in May 2018. It identifies the principles relevant to the sentencing of cases involving domestic abuse, including the offence of controlling and coercive behaviour. The Council is planning to review this guideline in 2024.