Category: Criminal Justice

Suella Braverman – 2022 Statement on the Serious Fraud Office and the Unaoil Case

The statement made by Suella Braverman, the Attorney General, in the House of Commons on 21 July 2022.

I wish to provide details of the findings of an independent review I commissioned into the Serious Fraud Office (SFO) failings identified by the Court of Appeal in the case of R. v. Akle and Anor (2021). I committed to this in my written statement of 9 February 2022.

The objectives of the review were to consider and provide recommendations in relation to the following matters:

1. What happened in this case and why? In particular, assessing the two key failings identified in the judgment: a) What occurred as regards SFO contact with third-parties and why; and b) Why did the SFO disclosure failures identified in the Court of Appeal judgment occur?

2. What implications, if any, do the failings highlighted by this case have for the policies, practices, procedures and related culture of the SFO?

3. What changes are necessary to address the failings highlighted by the judgment and any wider issues of SFO policies, practices, procedures or related culture identified by the reviewer?

I am grateful for Sir David Calvert-Smith’s work on leading this review. His findings fall into two categories: thematic failings and events. Sir David found five recurrent themes that were fundamental to the Court’s judgment, some of which indicate general organisational issues within the SFO’s control and where failures occurred. These themes are: record-keeping; compliance with casework assurance processes; resourcing; understanding about priorities; and distrust between the case team and senior management resulting from the latter’s contact with David Tinsley. Sir David highlights a sequence of 17 events or mistakes that led to the Court’s judgment.

Following these conclusions, Sir David makes eleven recommendations which the Attorney General’s Office (AGO) and SFO accept. They broadly cover:

1. Case assurance—all cases should have sufficient resources, all members of case teams should comply fully with case assurance processes and all contact with defendants, suspects and their representatives should be recorded as necessary. Superintendence should be revised and considered further.

2. Disclosure—all cases should have effective disclosure strategies and management, and the Attorney General’s Office and SFO should work together to identify any necessary changes to the Attorney General’s disclosure guidelines.

3. Personnel—all staff should be able to raise concerns about cases, the relationships between investigators and prosecutors should function as envisaged under the Roskill model, and there should not be “interregnum periods” between Directors or General Counsel.

Building on work already undertaken by the SFO a clear plan of action to respond to the review recommendations has been developed. I will be closely monitoring the SFO’s progress and delivery of that plan and will provide an update to Parliament in November 2022 and February 2023.

I will place a copy of the review and the response in the Libraries of both Houses so that they are accessible to Members. Junior officials’ names have been redacted from the published review in line with standard Government practice. The SFO has waived legal privilege in relation to legal advice referred to in the review only for the purposes of this review.

The documents will also be available on gov.uk.

July 27, 2022
Priti Patel – 2022 Statement on Immigration and Border Control

The statement made by Priti Patel, the Home Secretary, in the House of Commons on 20 July 2022.

Today will see the publication of two documents supporting the Home Office’s strategy for the future border: “An Independent review of Border Force” (CP 700) and the “New Plan for Immigration: Legal Migration and Border Control” strategy statement (CP 706). These documents have been laid before both Houses today and will be made available on gov.uk.

The strategy statement sets out our ambition for transformational change for everyone using our systems and crossing the UK border. We will deliver a fully end-to-end digital customer experience which will bring benefits to all.

This is an ambitious plan in which we will continue to deliver a world-leading legal migration and border system. The plans we have set out in this strategy statement are essential for a streamlined, digital system which responds to customer needs and enhances the security of the UK. Our flagship permission to travel scheme will mean that it is easier for our friends to come to and contribute to the UK, but harder for those not using legal means to come here. We will be more easily able to tackle problems upstream and know more about those who use the system to come here.

I would like to thank Alexander Downer for his work in conducting the BF review and all those who have been involved. The recommendations in this report are our commitment to a package of reforms for Border Force so it can continue to respond to emerging threats, keep our border secure, and ease the passage of legitimate travellers and goods across our border in a world that is very different from when Border Force was formed a decade ago.

The publication of the strategy and report on the BF review is a pivotal step in achieving the vision for the future of the border which will increase public confidence that we are improving the efficiency and effectiveness of the UK border and making it more secure to tackle future challenges.

July 27, 2022
Dominic Raab – 2022 Statement on the Pay Award for the Judiciary

The statement made by Dominic Raab, the Deputy Prime Minister, in the House of Commons on 19 July 2022.

I am today announcing the Government’s decision on pay for the judiciary.

The Government received the Senior Salary Review Body’s (SSRB) report on 28 June 2022. This will be presented to Parliament and published on www.gov.uk.

The Government value the independent expertise and insight of the SSRB and have considered the advice in the report.

The recommendation made by the SSRB for the judiciary is for a pay award of 3.5% for all judicial office holders within the remit group for 2022-23, applied equally to all salary groups.

I intend to reject the SSRB’s recommendation and propose a 3% pay award for all judicial office holders within the remit group for 2022-23. This ensures that the judiciary are not receiving a pay award in excess of what is on offer to court staff and senior civil servants.

This increase, together with the Government delivering on their commitment to introduce a new judicial pension scheme, demonstrates the value the Government place on our independent judiciary.

July 26, 2022
Priti Patel – 2022 Statement on Pay and Allowances for PCCs and PFCCs

The statement made by Priti Patel, the Home Secretary, in the House of Commons on 19 July 2022.

The Senior Salaries Review Body published its report today. The SSRB considered the pay and allowances for Police and Crime Commissioners and Police, Fire and Crime Commissioners in England and Wales. The Government value the independent and expert advice of the SSRB. We thank the Chair and members for their thoughtful commentary and observations.

The SSRB’s report recommends:

PCCs should move to three pay groups, in line with the proposals for chief constables.

With effect from 1 May 2022, PCC pay should be increased to:

Group 1: £108,800

Group 2: £94,300

Group 3: £83,200

PCC pay increases in future years in line with the SSRB-recommended annual pay increase for chief police officers between formal SSRB reviews in line with the electoral cycle.

A pay supplement of 7.5% for PCCs taking on the additional responsibility for fire and rescue governance.

A loss-of-office payment for PCCs in line with that available to Members of Parliament.

That home security for PCCs is treated as a business expense and not a personal benefit.

PCCs and PFCCs play an important role in reducing crime and protecting the public, providing their communities with the opportunity to have a direct say in policing in their area through their locally elected and accountable PCC or PFCC.

It would be inappropriate for me to make significant or structural changes to PCC remuneration. I believe these issues should be considered when the future structure of chief police officer pay is settled. Therefore, we have chosen not to accept in full the SSRB’s recommendations.

The Government have decided that with effect from 1 May 2022, the current PCC salary pay bands will be increased by £1,900, in line with the award for all police officers.

July 26, 2022
Priti Patel – 2022 Statement on Police Officer Pay and Allowances

The statement made by Priti Patel, the Home Secretary, in the House of Commons on 19 July 2022.

The eighth report of the Police Remuneration Review Body (PRRB) was published today. The body considered the pay and allowances for police officers up to and including the chief officer ranks in England and Wales. The Government value the independent and expert advice of the PRRB. We thank the Chair and members for their thoughtful commentary and observations.

Our police officers play a vital role in this country, fighting crime and keeping us safe. They do an extraordinary job under increasingly extraordinary circumstances, and it is right that they are fairly rewarded.

The review body recommends a consolidated increase of £1,900 to all police officer pay points for all ranks from 1 September 2022, equivalent to 5% overall. It is targeted at those on the lowest pay points to provide an uplift of up to 8.8%, and between 0.6% and 1.8% for those on the highest pay points. The Government recognise that increases in the cost of living are having a significant impact on the lower paid. It is within this context and after careful consideration that we have chosen to accept this recommendation in full. As at March 2022 there are 142,526 police officers who will receive this consolidated increase.

The PRRB also recommends that the Police Constable Degree Apprentice minimum starting salary—currently £19,164—should be raised to pay point 0—£23,556 with effect from 1 September 2022. This recommendation is accepted in full.

The review body further recommends an increase to London weighting and the dog handlers’ allowance of 5%; and that parties should review the requirement and appropriate level for the dog handlers’ allowance. These recommendations are also accepted in full.

To support this, the Home Office will, from within its existing budgets, provide forces with additional funding for pay over the spending review period of at least £70 million in 2022-23, £140 million in 2023-24 and £140 million in 2024-25.

Pay awards this year strike a careful balance between recognising the vital importance of public sector workers, while delivering value for the taxpayer, not increasing the country’s debt further, and being careful not to drive even higher prices in the future. Sustained higher levels of inflation would have a far bigger impact on people’s real incomes in the long run than the proportionate and balanced pay increases recommended by the independent pay review bodies now. These awards should be viewed in parallel with the Government’s £37 billion package of wider support for the cost of living, which is targeted towards those most in need.

Most overall pay awards in the public sector are similar to those in the private sector. Survey data suggests the median private sector pay settlement, which is the metric most comparable to these pay review body decisions, was 4% in the three months to May. Median full-time salaries are higher in the public sector, and public sector workers also benefit from some of the most generous pensions available.

July 26, 2022
Priti Patel – 2022 Statement on the Metropolitan Police Commissioner Appointment

The statement made by Priti Patel, the Home Secretary, on 11 July 2022.

I am pleased to announce that Her Majesty the Queen has approved the appointment of Sir Mark Rowley QPM as the new Commissioner of the Metropolitan Police Service, following my recommendation after a highly competitive recruitment process. I also had regard to the views of the Mayor of London, as occupant of the Mayor’s Office for Policing and Crime.

The Metropolitan Police Service faces major challenges, having been moved to the engage phase by Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services (HMICFRS), and needs to demonstrate sustained improvements in order to regain public trust in London and nationally. It is vital that the right person is in place to take on the biggest leadership role in policing in this country. I expect the new commissioner to work with HMICFRS’s policing performance oversight group to make the necessary improvements.

Sir Mark brings a wealth of experience with him and I am confident he will be able to exercise the strong and decisive leadership required, in order to deliver the sustained improvements that are so urgently needed. This will be a difficult time for the force as it seeks to regain the public’s trust, but I am confident that Sir Mark is the right person to meet this challenge.

At a time when the Government are investing record sums into policing—including the recruitment of 20,000 additional police officers across England and Wales—the new commissioner will need to focus on delivering the aims we set out in our Beating Crime Plan: cutting crime, reducing the number of victims and make our capital and country safer. But, reflecting the context in which this recruitment has been made, I also want the new commissioner to focus on getting the basics right, restoring confidence in policing, and ensuring that Londoners and those who visit our capital city get the service they deserve from the Metropolitan police.

Support for police is often based on personal experience, and the public have a set of basic expectations of the criminal justice system. They expect to be able to contact their local police, knowing their names and how to reach them. They want to see police in their neighbourhood confronting crime and making streets safer. They expect crimes to be investigated, offenders caught and punished, and when a case proceeds for justice to be swift and certain. The Beating Crime Plan outlines our approach to this, but to be successful the new commissioner must embed the aims and objectives in wider strategic plans.

While it is the responsibility of the Mayor to hold the commissioner to account for the Metropolitan police’s transformation, I will be closely monitoring progress. I look forward to working with them both to drive real change in the force. The public deserve nothing less.

July 12, 2022
Sadiq Khan – 2022 Statement on Appointment of Mark Rowley as Commissioner of the Metropolitan Police

The statement made by Sadiq Khan, the Mayor of London, on 8 July 2022.

The Home Secretary and I have agreed that Sir Mark Rowley is the best person to lead the Metropolitan Police as the new Commissioner at this extremely challenging time.

A series of appalling scandals have not only exposed deep cultural problems within the Met but have contributed to a crisis of confidence in London’s police service. Sir Mark has made clear to me that he is determined to be a reforming Commissioner, committed to implementing a robust plan to rebuild trust and confidence in the police and to drive through the urgent reforms and step change in culture and performance Londoners deserve. As Mayor, I will support and hold him to these promises as I continue to hold the Met to account.

Sir Mark has demonstrated to me that he is the outstanding candidate for this role. He brings a wealth of great experience to the position, including exceptional leadership during the 2017 terror attacks and a genuine commitment to increasing engagement with diverse communities across our city. The experience he has gained outside policing over the last 4 years will also bring a valuable new perspective to the Met. Above all, he is committed to policing by consent and shares my ambition to get to a place where all Londoners feel protected and served, and where we have a police force that everyone – including the many brave and dedicated officers in our city – can be proud of.

I look forward to supporting Sir Mark Rowley and working closely with the Home Secretary as we work to restore trust and confidence in the police, ensure that the Met gets the basics of policing right, and build on the significant success we have made in driving down violence and crime in our city.

July 9, 2022
Mark Rowley – 2022 Comments on His Appointment as the Commissioner of the Metropolitan Police

The comments made by Mark Rowley on 9 July 2022, following the announcement of his appointment as the next Commissioner of the Metropolitan Police.

I feel deeply honoured to be appointed to be the next Metropolitan Police Commissioner. Our mission is to lead the renewal of policing by consent which has been so heavily dented in recent years as trust and confidence have fallen.

I am grateful that the Home Secretary and Mayor are both determined to support the urgent reforms we need to deliver successful community crimefighting in today’s fast-moving world. These reforms include our use of technology and data, our culture and our policing approach. We will fight crime with communities – not unilaterally dispense tactics.

I also know that the majority of officers and staff retain an extraordinary sense of vocation and determination and want us to do better. It is my job to help them do that, whilst also being ruthless in removing those who are corrupting our integrity.

We will deliver more trust, less crime and high standards for London and beyond and we will work with London’s diverse communities as we together renew the uniquely British invention of ‘policing by consent’.

July 9, 2022
Priti Patel – 2022 Statement on Appointment of Mark Rowley as Commissioner of the Metropolitan Police

The statement made by Priti Patel, the Home Secretary, on 8 July 2022.

Sir Mark Rowley is a distinguished and exceptionally experienced police officer, having served the people of the West Midlands and Surrey before guiding the capital through some of its most challenging moments in the wake of the 2017 terror attacks, as the Met’s then head of counter-terrorism.

He now takes on one of the most important and demanding jobs in policing, leading the country’s largest force at a time when public trust in the Metropolitan Police has been severely undermined by a number of significant failings. Rebuilding public trust and delivering on crime reduction must be his priority.

This will be a challenging period, but with a focus on tackling neighbourhood crime and delivering the basics of policing, Sir Mark is committed to tackling the significant challenges confronting the force and to making London’s streets safer by driving down crime and bringing more criminals to justice.

As the largest police force in the country, we have supported the Met to recruit 2,599 extra police officers and increased their annual policing budget to £3.24 billion in 2022 to 2023. I look forward to working closely with Sir Mark to ensure this investment drives essential change to ensure the force delivers for the people of London.

July 9, 2022
James Cartlidge – 2022 Statement on Criminal Legal Aid

The statement made by James Cartlidge, the Parliamentary Under-Secretary of State for Justice, in the House of Commons on 30 June 2022.

In December the Independent Review of Criminal Legal Aid made clear the need for fee reform. Among a number of recommendations, the review called for an immediate pay increase of £135 million across the various criminal legal aid fee schemes. In response to these recommendations, in March, we consulted on proposals that would mark the most significant reform to criminal legal aid in more than a decade—and would include an additional investment of £135 million.

Our reforms are twofold. First, addressing the immediate fee increase as called for by the representative bodies, and second, focusing on longer term systemic change. We took this approach precisely because we recognise the urgent need for fee reform, and so we can act swiftly and decisively in the interests of our criminal legal profession. We have been working hard to analyse the responses of all stakeholders, so all our decisions are rooted in evidence. We will be publishing our formal response in due course, but I can confirm that we will be implementing a fee increase of 15% across the majority of fee schemes.

As set out in the consultation, there are a small number of schemes we are not uplifting at this stage. This includes the uplift to payment related to pages of prosecution evidence which the review found to encourage “perverse incentives”. We will be looking at how to address this as part of our longer term reforms and have set aside £20 million for those reforms initially. As well as reform to fee schemes we are considering wider issues, such as the potential roll-out of the successful “opt out” pilot for children, currently taking place at Brixton and Wembley police stations.

We want to make sure practitioners get paid properly for all the work they do. So, in addition to increasing fees, we are extending the scope of payment for pre-charge engagement work to cover work done ahead of an agreement, or where an agreement is not reached, in appropriate cases, in line with the Attorney General’s disclosure guidelines. We also intend to abolish fixed fees where individuals elect to have their case heard at the Crown court, and go on to plead guilty. We will lay a statutory instrument by 21 July, which will bring these changes into effect on 30 September this year. Considering the parliamentary process and operational changes required to do this, this is the quickest we are able to deliver this uplift. Solicitors and barristers will start to receive increased fees this year and our modelling suggests that over two thirds of the additional funding will have entered the system within the first year.

Our response to the longer term proposals, including details on the longer term funding and structural graduated fees schemes reform, will be published in the autumn, driven by the evidence in our consultation. Of course, we want to continue engaging with key stakeholders, including the Bar Council and Law Society as we develop our final policies. We are also considering the role of an advisory board as recommended by the review and plan to work closely with the Law Society and the Bar Council to design it with the intention of ensuring legal aid keeps pace with a modern justice system. Further details on the board including a terms of reference will be published in the autumn. If implemented, our longer term changes are good news for the criminal legal profession, helping us to build a sustainable sector that is fit for the future. Most importantly, they are good news for victims and everyone relying on the criminal justice system.

July 2, 2022