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The Government deserve credit for taking seriously a serious report into a serious problem, but is it the Justice Secretary’s preference that the changes he has outlined to jury trial will be permanent or that they will recede when the problem of backlogs recedes? In relation to judges alone deciding...
The Government deserve credit for taking seriously a serious report into a serious problem, but is it the Justice Secretary’s preference that the changes he has outlined to jury trial will be permanent or that they will recede when the problem of backlogs recedes? In relation to judges alone deciding...
Motion, That this House has considered the Independent Review of the Criminal Courts: Part 1. Agreed to on question.
Motion, That this House has considered the Independent Review of the Criminal Courts: Part 1. Agreed to on question.
I beg to move,
That this House has considered the Independent Review of the Criminal Courts: Part 1.
It is a great pleasure to serve under your chairmanship, Mr Efford. Despite the title of this debate—which I will immediately concede is less than exciting—it focuses on a serious problem with significant consequences....
I beg to move,
That this House has considered the Independent Review of the Criminal Courts: Part 1.
It is a great pleasure to serve under your chairmanship, Mr Efford. Despite the title of this debate—which I will immediately concede is less than exciting—it focuses on a serious problem with significant consequences....
I understand the point the hon. Lady is making, and to be fair to Sir Brian, he is not suggesting that we remove jury trial in all cases; he is very much talking about a subset of cases in which he thinks it is worth restricting that right. However, she...
I understand the point the hon. Lady is making, and to be fair to Sir Brian, he is not suggesting that we remove jury trial in all cases; he is very much talking about a subset of cases in which he thinks it is worth restricting that right. However, she...
The hon. Lady is right, and juries are cheap—that is undoubtedly the case—but they do not sit without a judge, and I am afraid that we pay the judge for a jury trial, just as we would for a judge-only trial. I do not think that the financial saving, in...
The hon. Lady is right, and juries are cheap—that is undoubtedly the case—but they do not sit without a judge, and I am afraid that we pay the judge for a jury trial, just as we would for a judge-only trial. I do not think that the financial saving, in...
Yes. My hon. Friend makes a really important point. Again, to be fair to Sir Brian, it is not within his capacity to do all the analysis necessary to follow through his recommendations and to understand quite what the effect on the system will be. However, I agree with my...
Yes. My hon. Friend makes a really important point. Again, to be fair to Sir Brian, it is not within his capacity to do all the analysis necessary to follow through his recommendations and to understand quite what the effect on the system will be. However, I agree with my...
As the Minister says, she will have to consider each of Sir Brian’s proposals, although she will know that he says that they are to be taken as a “package” and not with a “pick-n-mix” approach. Is that something that the Government accept? Will they take the view that it...
As the Minister says, she will have to consider each of Sir Brian’s proposals, although she will know that he says that they are to be taken as a “package” and not with a “pick-n-mix” approach. Is that something that the Government accept? Will they take the view that it...
I thank all Members who have contributed to this debate. In particular, I thank the Chair of the Justice Committee for rearranging his Committee’s diaries so that its members could do so. This has, I hope, been a constructive debate, not least for the Minister to add to her considerations....
I thank all Members who have contributed to this debate. In particular, I thank the Chair of the Justice Committee for rearranging his Committee’s diaries so that its members could do so. This has, I hope, been a constructive debate, not least for the Minister to add to her considerations....
I know that the Minister will join me in paying tribute to child sexual abuse specialist prosecutors, who deploy their considerable expertise to put together cases that can be based on complex and—as we have heard—very distressing evidence. Will the Minister make sure that a fair share of resources reach...
I know that the Minister will join me in paying tribute to child sexual abuse specialist prosecutors, who deploy their considerable expertise to put together cases that can be based on complex and—as we have heard—very distressing evidence. Will the Minister make sure that a fair share of resources reach...
The Lord Chancellor will accept that the effective use of electronic tags will not only make the criminal justice system more efficient, but mitigate the need for expensive prison places. Does she agree that two things are necessary for that effective use? First, the tags must be technically reliable; secondly, officials in her Department must have the commercial capacity to manage the contracts efficiently. If she agrees, what can be done to improve both those things?
The Lord Chancellor will accept that the effective use of electronic tags will not only make the criminal justice system more efficient, but mitigate the need for expensive prison places. Does she agree that two things are necessary for that effective use? First, the tags must be technically reliable; secondly, officials in her Department must have the commercial capacity to manage the contracts efficiently. If she agrees, what can be done to improve both those things?
The right hon. and learned Gentleman raises two incredibly important points. There will be a bigger role for current, new and emerging technologies in the future of our justice system, particularly in expanding the range of punishment available to us outside of prison. I want to make sure that we are at the forefront of getting the best use of our current technology and emerging tech. He is absolutely right about making sure that any commercial contracts are value for money and maintain public confidence. I am ensuring that, across the Department, we have expertise available to us, which is why the new unit that I have set up, Justice AI, will be so crucial to our efforts.
I, too, welcome what my right hon. Friend has announced. He is right to focus on attracting bright young lawyers into criminal defence work. Does he also recognise that it is important to retain more experienced criminal defence lawyers who can take on the complex cases that, as he will...
I, too, welcome what my right hon. Friend has announced. He is right to focus on attracting bright young lawyers into criminal defence work. Does he also recognise that it is important to retain more experienced criminal defence lawyers who can take on the complex cases that, as he will...
rose—
rose—
I am very grateful to my right hon. and learned Friend and I congratulate him on the way in which he is making the case for this very important Bill.
My right hon. and learned Friend has talked about the confidence that we need to give domestic abuse victims in the...
I am very grateful to my right hon. and learned Friend and I congratulate him on the way in which he is making the case for this very important Bill.
My right hon. and learned Friend has talked about the confidence that we need to give domestic abuse victims in the...
To ask the Attorney General, whether his Department has made an assessment of the effect of the reduction in the number of CPS staff on the number of criminal charges brought in England and Wales between 2010 and 2017.
To ask the Attorney General, whether his Department has made an assessment of the effect of the reduction in the number of CPS staff on the number of criminal charges brought in England and Wales between 2010 and 2017.
Whilst the Crown Prosecution Service has seen a reduction of staff, this does not necessarily correlate to the decreasing caseload. During the same period, the volume of police charged cases and referrals for pre-charge decisions has declined. Importantly, the Crown Prosecution Service has maintained its conviction rate of around 84% throughout this time.
To ask the Attorney General, whether any Shawcross exercises have been conducted into (a) concluded and (b) extant Serious Fraud Office cases in each of the past six years.
To ask the Attorney General, whether any Shawcross exercises have been conducted into (a) concluded and (b) extant Serious Fraud Office cases in each of the past six years.
It is my department’s usual policy not to comment on any live cases. In the six years up until the end of 2017, there had been no Shawcross exercises in relation to any concluded SFO cases.
In September last year the Crown Prosecution Service published guidance for advocates on better communication with all witnesses. Advocates receive mandatory training for cases involving vulnerable witnesses, and special measures for those witnesses are regularly used at court, including pre-recorded evidence, intermediaries, screens or the use of a video link.
In September last year the Crown Prosecution Service published guidance for advocates on better communication with all witnesses. Advocates receive mandatory training for cases involving vulnerable witnesses, and special measures for those witnesses are regularly used at court, including pre-recorded evidence, intermediaries, screens or the use of a video link.
What recent steps the CPS has taken to ensure that there is adequate support for vulnerable witnesses giving evidence in criminal proceedings.
Indeed. It is important that we ensure that witnesses who are engaged in criminal trials, which will be difficult experiences for them at the best of times, understand what is happening in the case around them. I hope that my hon. Friend will be as encouraged as I am by the trials that have been run in three different Crown courts for pre-recorded cross-examination. That will enable vulnerable and young witnesses in particular to get their part in the trial out of the way and any further delays in that trial will not affect them. That is a huge step forward.
Indeed. It is important that we ensure that witnesses who are engaged in criminal trials, which will be difficult experiences for them at the best of times, understand what is happening in the case around them. I hope that my hon. Friend will be as encouraged as I am by the trials that have been run in three different Crown courts for pre-recorded cross-examination. That will enable vulnerable and young witnesses in particular to get their part in the trial out of the way and any further delays in that trial will not affect them. That is a huge step forward.
Does my right hon. Friend agree that, in my experience as a former solicitor, witnesses, particularly the most vulnerable witnesses, want to be kept better informed as to the process of their case, to hear updates in a timely fashion, to be able to give evidence as quickly as possible without losing their right to be heard, and to be treated in the least intimidating way possible within the court process?
The right hon. Gentleman will know that manifestos are for Parliaments, not just for the first year of Parliaments, so we have a little time left. When we do bring forward proposals I am sure he will be encouraged to see ways in which we can help victims understand better what is happening in the cases in
which they are involved, and help them have a less difficult experience within the criminal justice system. Having held ministerial responsibility for the system, the right hon. Gentleman knows full well that we will never be able to get to a place where giving evidence and being involved in criminal trials is easy for victims and witnesses, but we can make it less hard and we will bring forward proposals to do so.
The right hon. Gentleman will know that manifestos are for Parliaments, not just for the first year of Parliaments, so we have a little time left. When we do bring forward proposals I am sure he will be encouraged to see ways in which we can help victims understand better what is happening in the cases in
which they are involved, and help them have a less difficult experience within the criminal justice system. Having held ministerial responsibility for the system, the right hon. Gentleman knows full well that we will never be able to get to a place where giving evidence and being involved in criminal trials is easy for victims and witnesses, but we can make it less hard and we will bring forward proposals to do so.
I remind the Attorney General that the Conservative party manifesto promised a victims law. We are quite some time now from the election. Can he enlighten the House as to when that will be forthcoming?
The Solicitor General and I have regular conversations with the CPS about how we make sure that what prosecutors do assists victims and witnesses. My hon. Friend will understand that it is a prosecutor’s responsibility to prosecute a case on behalf of the state, not solely on behalf of a victim, but it is none the less important that victims are spoken to regularly and spoken to in a sensitive way by those who are involved in the prosecution.
The Solicitor General and I have regular conversations with the CPS about how we make sure that what prosecutors do assists victims and witnesses. My hon. Friend will understand that it is a prosecutor’s responsibility to prosecute a case on behalf of the state, not solely on behalf of a victim, but it is none the less important that victims are spoken to regularly and spoken to in a sensitive way by those who are involved in the prosecution.
I welcome what the Attorney General has said about the new victims code. What discussions has he had with the CPS regarding implementation of that code by prosecutors?
The hon. Gentleman will know that the court estate is not part of my responsibilities, but I congratulate him on the success of his representations. In relation to victims and witnesses, there are a number of things that need to be done. Some will come from the Ministry of Justice; some, as I have indicated, come from encouraging prosecutors to do their job of interacting with victims and witnesses in a more effective way. We are making progress on that. Better communication, as I said, is important. Better training for prosecutors in dealing with cases, particularly where vulnerable witnesses or children are involved, is important and we are doing that too. Some of the measures that we are taking, which I referred to earlier, in respect of ways in which victims give evidence can also help in ensuring that the experience is distressing as little as possible.
The hon. Gentleman will know that the court estate is not part of my responsibilities, but I congratulate him on the success of his representations. In relation to victims and witnesses, there are a number of things that need to be done. Some will come from the Ministry of Justice; some, as I have indicated, come from encouraging prosecutors to do their job of interacting with victims and witnesses in a more effective way. We are making progress on that. Better communication, as I said, is important. Better training for prosecutors in dealing with cases, particularly where vulnerable witnesses or children are involved, is important and we are doing that too. Some of the measures that we are taking, which I referred to earlier, in respect of ways in which victims give evidence can also help in ensuring that the experience is distressing as little as possible.
May I, through the Attorney General, thank the Government for deciding to reverse their decision to close Stockport courthouse, which has excellent facilities for victims and witnesses? Given that Her Majesty’s inspectorate has said that services to victims and witnesses require improvement, can the right hon. Gentleman set out precisely what the Government will do to provide that?