Category: Criminal Justice

Victoria Prentis – 2023 Statement on the Prosecution Fee Increase

The statement made by Victoria Prentis, the Attorney General, on 7 February 2023.

Parity of fees paid to prosecution and defence barristers ensures fair representation on both sides of criminal cases.

Like many, I have been concerned to hear reports that on occasion, the CPS has struggled to recruit suitably experienced staff to prosecute complex cases, especially those involving rape and serious sexual offences. Ensuring that victims’ voices are heard requires prosecutors, delivering a core part of this Government’s commitment to breaking down barriers to justice.

That is why it is welcome news the Treasury will provide the Crown Prosecution Service with the additional funding it needs to increase prosecution fees in line with those agreed for defence legal aid fees last year.

This is an issue that I have championed alongside the Bar Council and CPS, and it is an outcome that reflects the importance of a well-functioning justice system.

February 7, 2023
Yvette Cooper – 2023 Speech on the National Police Response to the Hillsborough Families Report

The speech made by Yvette Cooper, the Shadow Home Secretary and Labour MP for Normanton, Pontefract and Castleford, in the House of Commons on 1 February 2023.

I thank my hon. Friend the Member for Liverpool, West Derby (Ian Byrne), and all the other Merseyside MPs, for pursuing this matter, and I thank my hon. Friend for securing this urgent question.

Ninety-seven people lost their lives as a result of what happened at Hillsborough on that terrible day 34 years ago. We remember the football fans who never came home, and we must also never forget the shameful cover-up that followed. The Hillsborough families have fought for decades against obfuscation and lies to get to the truth. Everyone hoped that the report from the Right Rev. James Jones would be a turning point, and I welcome the work that the former Home Secretary did in commissioning that report, but it is five years on. The police have rightly said:

“Police failures were the main cause of the tragedy and have continued to blight the lives of family members ever since.”

Nevertheless, five years is too long, and what makes this even more shameful is the fact that there is still no Government response to what has happened. The Home Secretary said yesterday that it was because of active criminal proceedings, but those finished 18 months ago, and the work could have taken place even while those proceedings were ongoing.

In September 2021 the Government announced that the response would be published by the end of the year, and we are still waiting. The Home Secretary also said yesterday that the Government were engaging with families, but what engagement has taken place? Has the Home Secretary met the families? Has she met the bishop? And I have to ask, where is she today? Previous Home Secretaries have shown respect to the families and acknowledgement of the appalling ways in which they have been wronged by being here to respond, and it is a devastating failure of responsibility and respect to them for her not to be here to respond.

The key measures on which we need a Government response are well known: the duty of candour, the public advocate and the elements of the Hillsborough law. The Labour party stands ready to support that law and get it into statute. Will the Government now commit themselves to supporting it, and recognise what the bishop has said about its being “intolerable”, given the pain of those families, not to have a response? The report is entitled “The patronising disposition of unaccountable power”. Does the Minister accept that that is exactly what this continued delay will feel like to so many families and survivors now?

Chris Philp

I entirely agree with the shadow Home Secretary’s opening comments—and, indeed, with what has been said by other Members—about the appalling impact that this has had on the families of those who so tragically lost their lives. When I took my own son to a Crystal Palace football game a few weeks ago, I thought about how awful it must have been to be trapped in those circumstances, which is a terrible thing to contemplate.

As the shadow Home Secretary said, the police have apologised for the terrible failings that took place on the day and in the years subsequently. It is right that they have apologised to the families, and to the country as well. In relation to the timing, I have already said that there were legal proceedings ongoing. It has been 18 to 21 months since those concluded, which is why since I was appointed I have asked for the work to be sped up, and it will be concluded rapidly and it will respond to all the points in full.

I repeat the point I made earlier that a number of things have happened already. The right hon. Lady mentioned the independent public advocate. As she will know from her own time in government, where a public consultation has taken place, it is generally speaking a prelude to action. On the question of co-operating with inquiries, the 2020 statutory professional standards for policing did introduce that requirement, but the response needs to cover all the points, and that will happen soon.

February 5, 2023
Theresa May – 2023 Speech on the National Police Response to the Hillsborough Families Report

The speech made by Theresa May, the Conservative MP for Maidenhead and the former Prime Minister, in the House of Commons on 1 February 2023.

The apology from the police is, of course, welcome, but it would have been far better for them to have done their job properly on that fateful April day, 34 years ago. If they had done so, families of the 97—and, indeed, the whole Liverpool community—would not have gone through the suffering and anguish that they have had to bear over the past 34 years.

Let me say first to my right hon. Friend that I do not think saying vaguely that the Government’s response will be available this spring is good enough: five years on, they must now publish it. Secondly, does my right hon. Friend agree that one of the elements that can be put in place to help families if, sadly, such an event—a tragedy of this sort— happens in the future is the introduction of an independent public advocate, which was promised in the Conservative party manifesto in 2017? Will he give a commitment now that the Home Office will not put any barriers in the way of the work of the Ministry of Justice in introducing such a body?

Chris Philp

As I mentioned, for approximately four years following the publication of the report there were ongoing criminal legal proceedings which nobody wanted to prejudice, but, as I have said in the House and as the Home Secretary said yesterday, we do now want to get on and respond quickly and comprehensively to the bishop’s report. As for the introduction of an independent public advocate—a measure being worked on by the Ministry of Justice, as the right hon. Lady said—a public consultation has taken place. The response is being worked on in the usual way, but it is happening at pace.

February 5, 2023
Ian Byrne – 2023 Speech on the National Police Response to the Hillsborough Families Report

The speech made by Ian Byrne, the Labour MP for Liverpool West Derby, in the House of Commons on 1 February 2023.

Since that awful day on 15 April 1989, 97 people have died directly from the actions of South Yorkshire police and other agencies, including the emergency services, the Football Association and Sheffield Wednesday Football Club, with families destroyed and survivors traumatised—so traumatised that many have since taken their own lives.

The lies and smears from the cover-up by the establishment, which acted with impunity and arrogance because it could, meant that justice was never delivered for all those who have died and suffered since. In 2017, Bishop Jones delivered the report “The patronising disposition of unaccountable power: A report to ensure the pain and suffering of the Hillsborough families is not repeated.” Shamefully, we have not yet had a Government response to his recommendations in the report commissioned by the then Prime Minister, the right hon. Member for Maidenhead (Mrs May).

Yesterday, Bishop Jones said that the delay was intolerable. His recommendations are, in essence, the Hillsborough law, which so many in this place and outside have since campaigned for. We must always remember that these recommendations are to ensure that no other community goes through the suffering that we have endured since 1989. They will hopefully futureproof the ability to gain justice.

Yesterday, we finally had the response to the report from the College of Policing and the National Police Chiefs’ Council. This was the first apology from the police force for its actions since the disaster 33 years ago. For so many, including myself, it is far too little and far too late.

Yesterday’s recommendations from the police did not go anywhere near far enough to change the culture that we came up against in our quest for justice. I ask the Minister whether this Government will do the right thing for future generations in our nation and implement a Hillsborough law containing Bishop Jones’s recommendations with immediate effect. The families and survivors of so many disasters and consequent state cover-ups deserve nothing less, and these injustices must never again be allowed. If a Hillsborough law had existed in 1989, we would have had a chance of justice for the 97; without it we had none.

Chris Philp

I fully understand and respect the sentiments that the hon. Member so powerfully expressed in his remarks. On the timing and the years that have passed since the bishop’s report, for much of that time there were ongoing legal proceedings and, of course, no one wanted to prejudice those for obvious reasons. That accounted for about four years—from 2017 to about May 2021—but about 21 months have passed since then and I agree that the Government response does need to come out quickly. Indeed, since my appointment a couple of months ago I have asked for it to be sped up, and I want to make sure that that happens this spring, following, of course, consultation with the families, which is extremely important. That will include responses to the points that the hon. Member made.

I reiterate that the statutory changes made to the professional standards for policing in 2020 include a duty of co-operation on police officers in relation to inquiries, which, as he has said, is very important. He is right: we do need to get on and respond comprehensively to the bishop’s recommendations, which is what I am working on.

February 5, 2023
Chris Philp – 2023 Statement on the National Police Response to the Hillsborough Families Report

The statement made by Chris Philp, the Minister for Crime, Policing and Fire, in the House of Commons on 1 February 2023.

I am extremely grateful to the hon. Gentleman for his question. I know this is a subject with profound personal resonance for him. I pay tribute to him and many others for the work they have done and continue to do in memory of the victims of this awful tragedy and to ensure that the lessons are learnt.

The Hillsborough disaster was an awful, devastating tragedy. Its impact continues to be felt to this day, especially by the families and friends of the victims. I am sure the thoughts of the whole House are with them. It is imperative that lessons are learned from the experiences the Hillsborough families have gone through, so I am very grateful to Bishop James Jones for the report he produced, which highlighted a number of points of learning for the Government, the police and other agencies.

As my right hon. Friend the Home Secretary said during yesterday’s debate, the Government are fully committed to engaging with the Hillsborough families prior to the publication of the Government’s formal response. Since arriving in the Home Office two or three months ago, I have asked for this work to be sped up, and we are expecting it to come out in the course of this spring. The National Police Chiefs’ Council and the College of Policing published their response earlier this week. I welcome their commitment to avoid repeating the mistakes that were made, and I welcome the apology that they gave. They made it clear that strong ethical values and the need for humanity and humility in the police response to public tragedies are critical. One of the commitments they rightly made earlier this week was to substantially strengthen and update their own code of ethics in relation to these issues.

Some important steps have been made by the Government in the past few years, which have addressed a number, but not all, of the points that Bishop James Jones published. For example, in 2020 a suite of police integrity reforms was introduced, on a statutory basis, via the professional standards for policing, which included, crucially, a duty to co-operate with inquiries. Other initiatives have already been taken forward to support bereaved families, including the removal of means-testing for exceptional case funding to cover legal support for families at an inquest, which broadens the scope and access for families; and the refreshing of our “Guide to Coroner Services for Bereaved People” so that it is more tailored to their needs and provides improved guidance for others involved in the inquest process. The Inquiries Act 2005 also provides a statutory process for funding legal representation requests. Last year, the Home Office also established an independent pathology review, and additional consultation with the families is now taking place. A consultation has also taken place on retaining police documents, which was the subject of a recommendation made by the bishop, and the Ministry of Justice has also consulted on establishing an independent public advocate.

Those steps are important. They go a long way to improving the situation, but they do not cover everything that the bishop recommended, which is why we will be responding in full. We intend to do so in the spring, but after, of course, full and deep engagement with the families concerned.

The Government are committed to making sure that these lessons are learned following this awful tragedy and I, as the newly appointed Police Minister, will do everything that I can to work with Members across the House, particularly those representing the affected communities, to make sure that this does now happen quickly.

February 5, 2023
Mary Kelly Foy – 2023 Parliamentary Question on the Prosecution of Hate Crime

The parliamentary question asked by Mary Kelly Foy, the Labour MP for City of Durham, in the House of Commons on 1 February 2023.

Mary Kelly Foy (City of Durham) (Lab)

What steps she is taking to ensure effective prosecution of hate crime.

The Solicitor General (Michael Tomlinson)

We are committed to delivering justice for victims of hate crime. All CPS prosecutors are trained about hate crime, and its specialist prosecutors help to lead that work. The latest figures show that the CPS has prosecuted nearly 13,000 hate crime offences, with a charge rate of 86% and, importantly, a conviction rate of 84%.

Mary Kelly Foy

As we mark the start of LGBTQ History Month, it was shocking to see in the year-end figures for hate crime a 41% increase in offences targeting people’s sexuality and a 56% increase in offences targeting people’s transgender identity. What are the Government doing to stop prejudice and fear, which led to that rise in crime, being stoked against the LGBTQ community?

The Solicitor General

In the hon. Lady’s area of the north-east, the CPS is particularly successful in getting uplifts to sentences in relation to hate crime. In the last rolling year to date, it has been successful in obtaining uplifts in 90% of cases. The question she raises is important and the CPS is working incredibly hard in that area.

February 5, 2023
Aaron Bell – 2023 Parliamentary Question on Prosecutions for Fraud and Bribery

The parliamentary question asked by Aaron Bell, the Conservative MP for Newcastle-under-Lyme, in the House of Commons on 1 February 2023.

Aaron Bell (Newcastle-under-Lyme) (Con)

What steps she is taking to help the Serious Fraud Office investigate and prosecute fraud and bribery.

The Solicitor General (Michael Tomlinson)

Mr Speaker, you may remember that the SFO successfully prosecuted Glencore Energy UK Ltd and that the total amount the company will pay—£280 million—is the highest ever ordered in a corporate criminal conviction in the United Kingdom. We continue to work closely with the SFO to identify any policy changes that could support its ambitions.

Aaron Bell

My constituents want to see the Government crack down on corporate criminality. What measures are the Government considering in the Economic Crime and Corporate Transparency Bill to address corporate crime?

The Solicitor General

I am grateful to my hon. Friend for his interest. The Government recognise that the current law does not go far enough. That is why we have committed to addressing the need for a new “failure to prevent” offence in the Economic Crime and Corporate Transparency Bill. In addition, we are introducing a provision to extend the SFO’s pre-investigation powers.

February 5, 2023
Elliot Colburn – 2023 Parliamentary Question on Prosecution Rates for Domestic Abuse

The parliamentary question asked by Elliot Colburn, the Conservative MP for Carshalton and Wallington, in the House of Commons on 1 February 2023.

Elliot Colburn (Carshalton and Wallington) (Con)

What steps she is taking to help increase the rate of prosecutions for domestic abuse.

The Attorney General (Victoria Prentis)

We are committed to increasing the volume of prosecutions and supporting more victims. We enacted new provisions to increase the time that victims have to report domestic abuse offences to ensure that we bring more offenders to justice.

Elliot Colburn

Despite Carshalton and Wallington being a relatively safe part of London, domestic violence rates there are higher than the London average. Local charities such as Sutton Women’s Centre do a great job in training people to spot the signs, but what assurance can the Attorney General give me that CPS staff have access to that same training to bring that level of crime down?

The Attorney General

I thank Sutton Women’s Centre for its fantastic work in training the community to spot the signs of domestic abuse. All prosecutors in London are now domestic abuse trained. Close working with the police should continue to increase the rate of prosecutions.

February 4, 2023
Edward Timpson – 2023 Parliamentary Question on the Backlog in the Criminal Justice System

The parliamentary question asked by Edward Timpson, the Conservative MP for Eddisbury, in the House of Commons on 1 February 2023.

Edward Timpson (Eddisbury) (Con)

What assessment she has made of the effectiveness of the Crown Prosecution Service in tackling the backlog of cases in the criminal justice system.

Jerome Mayhew (Broadland) (Con)

What assessment she has made of the effectiveness of the Crown Prosecution Service in tackling the backlog of cases in the criminal justice system.

The Solicitor General (Michael Tomlinson)

First, I would like to pay tribute to my hon. and learned Friend the Member for Eddisbury (Edward Timpson) for his work as Solicitor General. From that work, he will know the significant amount of funding in the criminal justice system to help improve waiting times for victims. Both the Attorney General and I have seen that at first hand in our visits to regional Crown Prosecution Service areas.

Edward Timpson

I thank the Solicitor General for his answer. Further to the point raised by the hon. Member for Kingston upon Hull East (Karl Turner), in the first three quarters of 2022 there have been 235 ineffective Crown court trials caused by prosecution absence—the highest annual total since 2014—compared with just 19 in 2019. The recent uplift to defence fees has meant there is now more money in defending than in prosecuting, and consequently the CPS is struggling to find enough prosecutors for trials. What timescales is my hon. and learned Friend working to in order to address this situation?

The Solicitor General

I am grateful to my hon. and learned Friend for raising this point. Of course, I recognise the importance of ensuring that all those who work in the criminal justice system—both defence and prosecution—are paid and rewarded appropriately. He will have heard my answer earlier, and it is right that the Treasury has agreed to consider the CPS funding position. Discussions are ongoing, and I know that he will keep pressing.

Jerome Mayhew

The police are doing an excellent job in Broadland. They have just opened a new response centre at Postwick, improving response times and housing some of the many additional officers that this Government have provided. The CPS is the next line in the criminal justice journey. The CPS inspectorate undertook a report on local provision in March 2022. Can my hon. and learned Friend provide an update to the House on the performance since that date?

The Solicitor General

I recognise my hon. Friend’s expertise and interest in this matter. The inspection report for the east of England praised the quality of the work in the area, and the latest data suggests that performance continues to be strong. The area is now making all crime charging decisions more quickly than it did previously. My hon. Friend will be pleased to know that, in the face of the backlog, the conviction rate for the CPS in his region remains reassuringly high at 85%.

February 3, 2023
Robert Courts – 2023 Parliamentary Question on Support for Ukraine’s Judiciary and War Crimes Trials

The parliamentary question asked by Robert Courts, the Conservative MP for Witney, in the House of Commons on 1 February 2023.

Robert Courts (Witney) (Con)

What steps she has taken to support Ukraine’s judiciary in their conduct of war crimes trials.

The Attorney General (Victoria Prentis)

I thank my constituency neighbour for his question. This Government firmly believe in international accountability. Ukraine’s judiciary should be congratulated on prosecuting war crimes right now, in real time, during a brutal conflict. On Monday I met a delegation of Ukrainian judges in this building and heard how they are approaching this monumental task. They are grateful for our practical support, including an extensive training programme led by Sir Howard Morrison.

Robert Courts

What assessment has the Attorney General made of the international community’s progress in bringing Russian leadership to trial for the crime of aggression in Ukraine?

The Attorney General

The crime of aggression is one of the most significant in international criminal law. At Ukraine’s invitation, we have joined a core group of states to discuss the establishment of a bespoke tribunal. We are absolutely determined to play a leading role in ensuring international accountability for Russia’s actions.

Nick Smith (Blaenau Gwent) (Lab)

Will there be Russian war reparations to Ukraine, and how can the UK support that?

The Attorney General

At the moment, the international community is rightly focused on prosecuting war crimes. That is the right focus, as we hope that in so doing we will have a good effect on the behaviour of those fighting this conflict at the moment. We are undoubtedly starting to turn our minds to reparations, and there is a great deal of work going on within Government on how best to support the Ukrainians to do that. I know that the Secretary of State for Business, Energy and Industrial Strategy is very involved in that.

Mr Speaker

I call the shadow Minister.

Andy Slaughter (Hammersmith) (Lab)

Three weeks ago, the Secretary of State for Justice told me from the Dispatch Box that Russian war crimes would be pursued via Ukrainian domestic courts and the International Criminal Court, even though that denied the possibility of prosecuting Putin and his inner circle for the crime of aggression. At the time, the Attorney General appeared to share his view. Last week the Foreign Office welcomed the special tribunal necessary to try Putin, saying it would “complement established mechanisms”. That is welcome, and I think it is what the Attorney General has said today, but can she—because we know her to be a candid and thoughtful person—explain and confirm what by any definition is a screeching U-turn in Government policy?

The Attorney General

I am afraid I really would not describe this as a screeching U-turn—[Interruption.] No, not at all. This is a development in a very difficult area of international law. [Interruption.] I would just listen to this for a moment. It is a very delicate area of international law. This is a live and brutal conflict—we are all agreed on that—and it is right that most of the prosecutions take place in Ukraine, with real-time evidence and with witnesses present. Those prosecutions are going well, and I think we all support the Ukrainian judiciary in that. I hope very much that there will be an international moment of accountability following this war. I suspect that many courts will need to be involved, including both the ICC and any special tribunal.

Mr Speaker

I call the SNP spokesperson.

Angela Crawley (Lanark and Hamilton East) (SNP)

It is almost one year to the day since the beginning of Russia’s illegal invasion of Ukraine, and an estimated 7,000 civilian lives have been lost during this time, in one of the most barbaric atrocities against civilians recorded since the second world war. Given that the UK will host a major international meeting on war crimes in March, what further support will the Attorney General give on information sharing and testimonial gathering, and on ensuring that legal expertise will be fully utilised to hold Russian war criminals to account?

The Attorney General

I thank the hon. Lady for her question. It is fortuitous that the Lord Chancellor has just entered the Chamber, because in March he is hosting an important conference, with the Dutch, to discuss how further we can help and support the work of the ICC. Further, we have the work of the special tribunal that I mentioned, and we are providing a great deal of practical help on the ground in training Ukrainian judges and providing funding to help them to find evidence and to prosecute these crimes effectively.

February 3, 2023