UKPOL.CO.UK

Category: Criminal Justice

  • Liz Truss – 2022 Comments on Withdrawing UK Judges from Hong Kong Court of Appeal

    Liz Truss – 2022 Comments on Withdrawing UK Judges from Hong Kong Court of Appeal

    The comments made by Liz Truss, the Foreign Secretary, on 30 March 2022.

    We have seen a systematic erosion of liberty and democracy in Hong Kong. Since the National Security Law was imposed, authorities have cracked down on free speech, the free press and free association.

    The situation has reached a tipping point where it is no longer tenable for British judges to sit on Hong Kong’s leading court, and would risk legitimising oppression.

    I welcome and wholeheartedly support the decision to withdraw British judges from the court.

  • Dominic Raab – 2022 Comments on Withdrawing UK Judges from Hong Kong Court of Appeal

    Dominic Raab – 2022 Comments on Withdrawing UK Judges from Hong Kong Court of Appeal

    The comments made by Dominic Raab, the Justice Secretary, on 30 March 2022.

    Since 2020 and the introduction of the national security law, our assessment of the situation in Hong Kong is that it has shifted too far from the freedoms that we hold dear – making free expression and honest critique of the state a criminal offence.

    This flies in the face of the handover agreement we have had with China since 1997 and, having discussed at length with Foreign Secretary and the President of the Supreme Court, we regretfully agree that it is no longer appropriate for serving UK judges to continue sitting in Hong Kong courts.

    I thank our judges for being a bastion of international rule of law in Hong Kong over the past 25 years.

  • Dominic Raab – 2022 Comments on Victim Support

    Dominic Raab – 2022 Comments on Victim Support

    The comments made by Dominic Raab, the Deputy Prime Minister, in the House of Commons on 25 March 2022.

    We want more victims to have the confidence to come forward, so that more criminals can be prosecuted and victims can get the justice they deserve.

    We’re increasing transparency through local scorecards, rolling out pre-recorded cross-examination for rape victims to more Crown Courts, and boosting funding for vital support services to £440 million over the next three years so that victims get the support they need.

  • Sadiq Khan – 2022 Comments on Policing in London

    Sadiq Khan – 2022 Comments on Policing in London

    The comments made by Sadiq Khan, the Mayor of London, on 24 March 2022.

    Tackling crime and making London safer is my number one priority. Thanks to our relentless efforts over recent years and record investment from City Hall, violent crime continues to fall. But there’s still much more to do to prevent violence and to stop the terrible loss of young lives in our city.

    My new Police and Crime Plan outlines how I will continue to be both tough on crime and tough on the complex causes of crime, taking the action needed to make our city safer and to ensure victims of crime are supported.

    We have a long-standing tradition in this country of policing by consent. But a series of deeply concerning incidents have seriously damaged public trust and confidence in our police. When trust is eroded, it makes it harder to tackle crime, with victims failing to report crime and witnesses discouraged from coming forward when they see criminal activity. That’s why my plan is also focused on ensuring the Met and the next Commissioner urgently make the changes and reforms necessary to rebuild trust and confidence with Londoners.

    As Mayor, I’m determined to ensure that we restore trust in the police and that we continue to build on the progress we have made in tackling violent crime across our city.

  • Chris Philp – 2022 Statement on Online Safety and Cyberflashing Offences

    Chris Philp – 2022 Statement on Online Safety and Cyberflashing Offences

    The statement made by Chris Philp, the Parliamentary Under-Secretary of State for Digital, Culture, Media and Sport, in the House of Commons on 14 March 2022.

    I wish to inform the House that the Government are legislating through the Online Safety Bill to create an offence related to the behaviour known as cyberflashing.

    It is important that we effectively criminalise this behaviour, which usually involves a person sending an unsolicited photograph or film of genitals—be it their own or another person’s—to another person or persons. Photographs and films can be sent in a variety of ways, including on peer-to-peer platforms, on dating or meeting apps, and social media. The recipients of such unsolicited images can experience significant humiliation, alarm, or distress.

    The Government plan to implement the Law Commission’s recommendation for how this offence should be constructed as laid out in the Law Commission’s “Modernising Communications Offences” report, published in July 2021. This will involve inserting a new section 66A into the Sexual Offences Act 2003 to create a new criminal offence of intentionally sending or giving a photograph or film of any person’s genitals to another person with the intention that that person will see the genitals and be caused alarm, distress or humiliation, or for the purpose of obtaining sexual gratification and reckless as to whether the recipient will be caused alarm, distress or humiliation.

    We hope it will address increasing public concern expressed about behaviour of non-consensual sending of images of genitals, especially over electronic networks, and the harms associated.

    I would like to express my sincere thanks for all the work that the Commission has carried out as part of this review over the past four years.

  • Victoria Atkins – 2022 Statement on New Prisons

    Victoria Atkins – 2022 Statement on New Prisons

    The statement made by Victoria Atkins, the Prisons Minister, in the House of Commons on 7 March 2022.

    I am pleased to provide an update today on our progress in delivering the biggest prison building programme in over a century. We are committed to delivering 20,000 new prison places to meet demand, cut crime and keep the public safe. These new prison places will create a more secure and modern estate, providing a productive environment to reform prisoners.

    HMP Five Wells

    The first prisoners arrived at HMP Five Wells on 4 February and the prison was officially opened by the Deputy Prime Minister, Dominic Raab, yesterday, marking the completion of the first prison in our programme of six new prisons.

    HMP Five Wells, in Wellingborough, is a purpose-built category C resettlement men’s prison, designed to house around 1,700 men over seven houseblocks, supported by six ancillary buildings. It is built on the site of the former HMP Wellingborough, a category C prison that was closed 10 years ago.

    HMP Five Wells is the first of its design to be built, based on work that brought together the lessons of previous prison builds, practical prison expertise of both staff and prisoners, academia, and international expertise. The new prison’s design has a focus on safety and security and is equipped with security measures that contribute to cutting crime. The prison is designed to facilitate education and skills development, providing an environment to better equip and support prisoners on release and to reduce reoffending.

    Naming and operator of the new prison at Glen Parva

    I can announce today that, following public consultation and a meeting of local representatives, the new prison at Glen Parva will be named HMP Fosse Way. I am grateful for the submissions received by the public to name the new prison. The name HMP Fosse Way has strong links to Leicestershire and reflects the history of the local area—the Fosse Way is a Roman road that runs through Leicestershire and is reflected in the name of a number of local institutions.

    I can also announce today that, following a rigorous evaluation process, Serco has been successful in its bid to provide prison operator services at HMP Fosse Way. This is another important milestone in our ambitious programme of new prisons. HMP Fosse Way will also be a category C resettlement prison holding around 1,700 men.

    Glen Parva’s construction continues to boost Leicestershire’s economy and create hundreds of jobs. As of December 2021, 30% of the on-site workforce were from the local area and over £96 million has been spent locally. We have also invested over £400,000 in recruitment and skills training. Our contract with Serco will provide further economic benefit by providing over 600 long-term jobs once the prison is operational. This significant investment in the local community supports the Government’s ambition to level up the UK’s economy.

    Four new prisons

    Today I am pleased to announce that one of the four additional new prisons will be run by HMPPS. This, added to the expansion of the existing public sector estate, will mean that over half of all the additional capacity planned in the coming years will be run by the public sector. This reaffirms our commitment to a balanced approach to custodial services which includes a mix of public, voluntary and private sector involvement.

    The three other new prisons will be operated by the private sector, which we are confident will provide a high-quality and value-for-money service. As with the competitions for HMP Five Wells and the new prison at Glen Parva, bidding operators for the three new prisons will compete for the contract and HMPPS will continue to provide a “public sector benchmark” against which bids will be rigorously assessed. If bids do not meet our expectations in terms of quality and cost, HMPPS will manage the new prisons.

    These milestones are a significant step forward in our ambitious programme to deliver a future-proof and fit-for-purpose prison estate, with the capacity needed to meet demand, house prisoners safely and securely, and reduce reoffending.

  • Priti Patel – 2022 Statement on the Police and Crime Commissioner Review

    Priti Patel – 2022 Statement on the Police and Crime Commissioner Review

    The statement made by Priti Patel, the Home Secretary, in the House of Commons on 7 March 2022.

    Today, I am pleased to set out to the House a package of measures in support of this Government’s manifesto commitment to expand and strengthen the role of our directly elected police and crime commissioners (PCCs), and those mayors with PCC functions, including the findings from the second part of our internal review into the role of PCCs.

    Our two-part review will ensure PCCs can focus more sharply on local crime fighting, with stronger accountability to those they serve. As set out in the Government’s beating crime plan, PCCs allow the public’s voice to be heard on local policing and crime matters and hold chief constables to account for delivering what communities need. As such, PCCs continue to play a critical role in reducing crime and reoffending.

    Part 1 of the review focused on making it easier for the public to hold their PCC to account for their record on delivering the safer streets that they deserve. In March 2021, I announced a package of reforms that will ultimately help people judge their PCC at the ballot box and we are making good progress in bringing about these important changes.

    Today, I want to update the House on two specific measures from part 1, before I turn to our conclusions from part 2.

    The first gets to the heart of equipping our PCCs with the right tools and powers to work with their partners to tackle crime and anti-social behaviour. Our targeted consultation last year found broad support for “levelling up” PCCs by providing them with a wider functional power of competence so they have parity with the equivalent powers held by fire and rescue authorities and most mayoral combined authorities. By equipping PCCs with this new power, we will make it easier for them to act creatively to reduce crime and to make better use of police resources.

    Secondly, I pledged to consult on changes to the Policing Protocol Order. This is a document that sets out the roles and responsibilities of various people involved in policing, such as PCCs, chief constables and police and crime panels. I am therefore launching a targeted, stakeholder consultation to seek views from our policing partners on how we can refresh this document to provide a “brighter line” on the boundaries of operational independence and to better reflect my role as Home Secretary. If we are going to deliver on our shared mission to cut crime, it is essential that all those involved in policing understand their respective roles.

    Having focused in part 1 on strengthening their role, we wanted to use the second part of our review to ensure that PCCs have the information, levers and tools to help cut crime, drugs misuse and anti-social behaviour. After almost a decade since their introduction, it is time to focus on the “and crime” part of the PCC role.

    I will now give an overview of our part 2 conclusions. All our recommendations are set out in full as an annex (Annex A) and the attachment can be viewed online at: http://www.parliament.uk/business/publications/written-questions-answers-statements/written-statement/Commons/2022-03-07/HCWS664/.

    To cement PCCs’ role in offender management: PCCs are held locally accountable for reducing crime, but to carry out their duties effectively, we must give them the levers to work across their local criminal justice system. We will create a new statutory duty to lock in collaborative working between PCCs and the Probation Service. This step, in conjunction with the other measures we will bring forward, will help align the work of PCCs and local probation services around their shared goal to break the chain of reoffending.

    To improve the way PCCs work in partnership with others to fight crime and support victims: We need to see all public safety partners playing their full part in the fight against crime. It is essential that PCCs can bring local agencies together to tackle the issues that blight their communities—like drugs misuse, anti-social behaviour and neighbourhood crime. We will provide PCCs with the tools to do this by strengthening the guidance that underpins their role in convening partners to fight crime and drugs misuse, in line with Dame Carol Black’s independent review on drugs. We will also give PCCs a central role on local criminal justice boards, support their work on violence reduction units and clarify the local crime prevention landscape through an in-depth review of community safety partnerships in England and Wales. Of course, PCCs continue to play a vital role in supporting victims of crime. The Ministry of Justice Victims’ Bill consultation considered how to expand and strengthen PCCs’ role in relation to oversight of victims’ experiences in the criminal justice system and commissioning support services, and so it was not examined within part 2 of the PCC review, but the work is complementary and aligned. The consultation closed in February, and the Government will introduce the Victims’ Bill as soon as possible.

    To improve public confidence in policing: PCCs play an important role as the voice of victims and use their levers to tackle the issues raised by complainants. To do this well, PCCs must visibly hold the police to account on behalf of their whole community and use their role to help uphold police legitimacy. We will support PCCs by clarifying our expectations in this regard and work with the Association of Police and Crime Commissioners and the College of Policing to ensure PCCs have access to the best possible evidence about what helps foster local confidence in policing.

    To improve PCC’s access to criminal justice data: Without sharing information on a timely basis, local crime fighting activity cannot be delivered in a joined-up way. Local partners often deal with the same cohorts of offenders, but throughout the review, we heard that sharing data can be difficult and inconsistent. We therefore propose to take steps to support a more data-confident culture by issuing new central guidance, supported by examples of local good practice and bolstering the ability of PCCs to more confidently use this information. These steps will help PCCs to better understand how effectively and efficiently their police force is operating within the wider criminal justice landscape.

    If we are to strengthen and expand the role of PCCs in this way, this must be balanced by robust accountability to the public. We are taking further steps to strengthen the checks and balances on PCCs.

    To help ensure there is effective local scrutiny: We want to see police and crime panels acting as critical friends, helping the public to understand how their PCC is doing on the issues that matter to them. The review found that independent members on panels were important, bringing relevant skills, expertise and greater diversity; so we will focus on improving their recruitment and retention. We will also look at whether a regional model of panel support could improve the professionalism, quality and consistency of the support provided to panels.

    To help ensure the public can complain about their PCC if needed and trust that their complaint will be handled fairly and consistently: Police and Crime Commissioners are elected representatives, held to account to the public via the ballot box. The Home Office will further consider the processes for how complaints of criminal misconduct are handled, and the scope to align a new code of conduct with the regime for mayors and councillors in local government. This will also consider how to address the problems of vexatious and political motivated complaints, especially those which stem from disagreements with the political views of the commissioner, or complaints which are nothing to do with policing.

    The public, rightly, expect PCCs to behave appropriately and act with integrity. That is why there is already a high bar in place for PCC conduct. Having explored the options for introducing recall, the review has not recommended doing so, given the stringent disqualification rules in place for PCCs. I will keep this matter under review.

    Now that this two-part review has concluded, my Department will work with our partners to deliver the recommendations, including legislating where necessary, and when parliamentary time allows.

    I would like to put on the record my thanks to the advisory group which supported this review, comprising senior external stakeholders with expertise in the policing and criminal justice sector.

    I am confident that, as a package, our recommendations will better equip PCCs to reduce crime and protect the public, solidify their position within the criminal justice system and make it easier for the public to hold PCCs to account.

  • James Cartlidge – 2022 Statement on Nightingale Courts

    James Cartlidge – 2022 Statement on Nightingale Courts

    The statement made by James Cartlidge, the Parliamentary Under-Secretary of State for Justice, in the House of Commons on 3 March 2022.

    I am today setting out an update on the use of Nightingale court venues.

    Since the start of the pandemic, the priority of the Government, working closely with the judiciary and others, has been to ensure the justice system continues to perform its vital role while keeping court and tribunal users safe, in line with public health guidelines.

    Hotels, former courts and conference centres were rapidly transformed into courtrooms, known as Nightingale courts, during the pandemic to provide more space when social distancing was in place. These venues have provided our court estate with vital additional capacity as part of our continued efforts to recover from the impact of covid-19.

    Combined with other measures—such as removing the cap on court sitting days, the use of remote hearings, and increasing magistrates’ sentencing powers—we are beginning to see the levels of outstanding cases in our courts falling. The latest figures show that in December 2021 the Crown court backlog was under 59,000. This is a fall of over 2,000 cases since its peak in June 2021. Meanwhile, in the magistrates courts, the outstanding criminal caseload has dropped by almost 70,000 cases since its peak in July 2021.

    The relaxation of covid-19 restrictions means that courtroom capacity has returned to pre-pandemic levels. But continuing to use some of our Nightingale courts will now help drive court recovery further, tackling the backlog and ultimately helping to secure speedier justice for victims.

    So today this Government have confirmed arrangements to extend 13 Nightingale courts from March 2022. This equates to 30 extra courtrooms, mainly dealing with criminal work, but also some civil and family cases.

    The following Nightingale courts have been extended:

    Prospero House, London

    Barbican, London

    Croydon Jurys Inn, London

    Mercure Hotel, Maidstone

    Former court, Chichester

    Former county court, Telford

    Park Hall Hotel, Wolverhampton

    Maple House, Birmingham

    Former Magistrates court, Fleetwood

    Cloth Hall court, Leeds

    Civic Centre, Swansea

    Former Magistrates court, Cirencester.

    The decision to extend these Nightingale courts was based on operational need and venue availability, ensuring that these extra facilities are in the right place to meet demand and make best use of taxpayers’ money.

    Nightingale courts at Middlesbrough, Manchester, Liverpool, Bolton, Chester, Peterborough, Warwick, Winchester, Nottingham and 102 Petty France in London will end as planned at the end of March 2022. Use of the venue at Monument will end in early April, with HM Courts and Tribunals Service seeking a replacement venue.

    The sites which are closing as planned are not needed because HMCTS has reopened existing hearing rooms as social distancing measures have eased. We now have sufficient rooms in these areas for all the available Crown court judges. We are continuing to deliver a high volume of judicial recruitment, with a recruitment programme of a further 1,100 judges in 2022-23 planned in addition to around 1,000 recruited during this financial year.

    The extensions to Nightingale courts are part of our wider approach to increase capacity in line with local demand, building on measures taken over the last two years in response to the challenges of the pandemic, including:

    Legislating to double the sentencing powers available to magistrates from six months to a year to free up an estimated 2,000 extra days of Crown court sitting time each year;

    Investing a quarter of a billion pounds to support recovery in the courts in the last financial year, plus over £50 million for victims and support services;

    Ensuring there is no limit on the number of sitting days in the Crown court this year;

    Opening three rooms at Hendon Magistrates court that are currently being used for Crown court work, with a fourth due to open by the end of March 2022, providing custodial facilities for defendants on remand;

    Opening two “super courtrooms” in Manchester and Loughborough, which can accommodate multi-handed trials, and added portacabins at 14 locations to facilitate jury trials; and

    Arranging a temporary venue to hear a large trial in Walsall over the next 13 months, avoiding major disruption in the nearby Crown court.

    These plans, alongside the decisive action already taken by this Government to date, makes it clear that we remain totally committed to reducing delays in our courts, and pulling every lever available to us to deliver justice for all those who need it.

  • Dominic Raab – 2022 Comments on HMP Five Wells

    Dominic Raab – 2022 Comments on HMP Five Wells

    The comments made by Dominic Raab, the Deputy Prime Minister, on 4 March 2022.

    HMP Five Wells is a flagship example of this Government’s plan to create secure and modern prisons that cut crime and protect the public.

    From drug-recovery centres that employ abstinence-based treatment to world-class prisoner training courses, this smart prison is designed to tackle the key obstacles to cutting reoffending and making our streets safer.

  • Kit Malthouse – 2022 Speech on the Murder of WPC Yvonne Fletcher

    Kit Malthouse – 2022 Speech on the Murder of WPC Yvonne Fletcher

    The speech made by Kit Malthouse, the Minister for Crime and Policing, in the House of Commons on 22 February 2022.

    I congratulate the hon. Member for Ayr, Carrick and Cumnock (Allan Dorans) on securing this debate and recognise his indefatigable efforts to secure justice for PC Fletcher and her colleagues, friends and family. I thank him for the advance indication of his questions, which I will come to in a moment, and join him in celebrating the dedication and perseverance of PC Fletcher’s friend and colleague, John Murray—most recently, for bringing the case to the civil court, as well as for his continuous efforts ever since PC Fletcher’s death. They are testament to the high regard in which PC Fletcher continues to be held to this day. I also pay tribute to the hard work and commitment that the Metropolitan police has shown over a prolonged period in its efforts to bring to justice those involved in the murder of PC Fletcher. Her death was an appalling tragedy and my thoughts remain with all who loved her.

    The murder of PC Fletcher was one of the most notorious crimes of the past 40 years, representing an act of state-sponsored terrorism that resulted in the fatal wounding of a serving police officer on the streets of London. The hon. Member shared in great detail the findings of the civil case of 16 November 2021, which found that Saleh Ibrahim Mabrouk was jointly liable for the killing of PC Yvonne Fletcher.

    Following the conclusion of that case, many, including the hon. Member, have been lobbying for a criminal case to be brought against Mabrouk. In 2017, the Crown Prosecution Service made the decision not to pursue a prosecution in this case, and I understand that that decision was disappointing and frustrating for PC Fletcher’s family, friends and colleagues. It remains, however, an operational matter for the Metropolitan police and the Crown Prosecution Service to consider any criminal prosecution.

    It is important to note the differences in making a finding on liability in a civil court as opposed to in a criminal court. A civil court is required to make its findings on the balance of probabilities. That means that a court is satisfied, on the evidence available, that the occurrence of the event was more likely than not. A higher threshold is imposed in criminal cases, which requires an allegation to be proven beyond reasonable doubt. That means that the jury must be sure that the person is guilty. It is therefore not by any means automatic that Mr Murray’s success in the High Court would or could translate into a successful criminal prosecution.

    Sir Mike Penning

    The Crown Prosecution Service and the Metropolitan police can make such a decision only if they have the evidence that the Government have, which they have not handed over to the CPS. Will the Minister answer the question about whether or not the information that the Government have will be passed over to the CPS so that it can make that decision?

    Kit Malthouse

    I will come to that point in a moment, if I may.

    Following the Prime Minister’s meeting with the hon. Member for Ayr, Carrick and Cumnock in September 2020, the Home Office contacted the CPS in December of that year to ask whether it had received any more information on the case; it had not. The position remains the same as in 2017, which is that the CPS is not currently considering charges in the case. As with any case referred to the CPS by the police, a decision to prosecute is made in accordance with the code for Crown prosecutors, and a case must meet the evidential and public interest stages of the code test. In accordance with the code, the CPS will consider any new information referred to it by the police in relation to the case.

    On the hon. Member’s question about evidence being withheld, it has been the long-standing policy of successive Governments not to comment on the existence or otherwise of intelligence material. I am therefore unable to confirm or deny the existence of any material that may or may not relate to the case.

    The hon. Member asked for confirmation of whether the Government issued a comfort letter to Saleh Mabrouk. We are not aware of any evidence to suggest that any such letter ever existed or was ever issued.

    In response to the hon. Member’s question regarding the extradition of Mr Mabrouk, the House should know that whether an extradition application is sought in any case is an operational decision for law enforcement and prosecution agencies. The UK Government, as a matter of long-standing policy and practice, will neither confirm nor deny that an extradition request has been made or received until such time as an arrest has been made in relation to the request.

    On the question of a public inquiry, I am aware of the strong feeling in this case and of the early-day motion that the hon. Member tabled calling for such an inquiry. While of course we recognise the strength of feeling that the case evokes, the Government are not currently considering an inquiry into the death of PC Fletcher.

    In closing, I would like to state once more that my thoughts are with PC Fletcher’s family, friends and colleagues. They continue to have my deepest sympathy. I, like many, have often stopped at the memorial stone in St James’s Square to consider a moment in our history that had a huge impact on many of us who were around at the time. I would also like to recognise and pay tribute again to the efforts of John Murray and the courage and resilience that he has shown in seeking justice for PC Fletcher. Finally, I thank the hon. Member for securing this debate. The murder of PC Fletcher was a heinous act that shocked our country to its core, and she will never be forgotten.