Category: Criminal Justice

  • Kit Malthouse – 2021 Statement on the Deletion of PNC Records

    Kit Malthouse – 2021 Statement on the Deletion of PNC Records

    The statement made by Kit Malthouse, the Minister for Crime and Policing, in the House of Commons on 8 February 2021.

    Further to my statement to the House on the 18 January, this is an update on the work being carried out to recover the records deleted from the Police National Computer (PNC) in error.

    The Home Office is taking forward a four-phase plan to respond to the incident and recover the data:

    Phase 1 has been completed and involved using code to identify and extract the complete list of what had been deleted;

    Phase 2 has also been completed and involved analysis to establish an accurate list of the affected systems and records for each force;

    Phase 3 is ongoing involves recovering the data from the PNC and the IDENT1 (Fingerprint) and National DNA systems;

    Phase 4 will involve work to ensure we are deleting any data that should have been deleted as usual when this incident first began.

    Phases 1 and 2 of the work found that a total of 209,550 offence records have been wrongly deleted, which are associated to 112,697 persons’ records. Of these 15,089 individuals have had their data deleted in totality. Our analysis has identified that only 195 full fingerprint records were deleted, with all these records relating to cases over 10-years old. We have also confirmed that no records of convictions have been deleted. Our analysis shows that 99.5% of the deleted records were created prior to 2011.

    Phase 3 is now well under way and technicians are confident that all the data that has been deleted can be restored. Work to recover that data is moving forward as quickly as is possible, but it is vital that the data is restored safely to protect the integrity of the data. Our current assessment suggests that the work will take approximately 12 more weeks to complete, though clearly, we will accelerate this if we possibly can.

    While the data is incomplete, there is the possibility that law enforcement partners will not have access to records and information that could help progress their inquiries and investigations.

    Outlined below are details of such mitigation activities:

    First, they can search the Police National Database (PND). This is a national intelligence database that holds records of arrests of individuals and contains information that will allow law enforcement partners to judge whether there is biometric information or other key evidence missing from the affected systems. If missing data records are identified, then the investigating officers can request copies of biometric samples and arrest records from the owning organisations.

    Second, forces have a wide variety of local systems in place to log calls and to maintain custody records. These are frequently used as the primary system into which information is entered, before it is then integrated into PNC for national use.

    Third, the police can also continue to search other relevant national databases, such as the violent offender and sex offender register.

    Fourth, where an individual is suspected of a crime and the PNC confirms the existence of a duplicate set of fingerprints then officers can request the set of prints from the force who retain a hard copy.

    Fifth, if the police have enough evidence and they believe that the DNA of a suspect is required but cannot find any records on the PNC or other systems, they can arrest suspects and collect their DNA in line with their powers.

    Sixth, the Home Office, and our suppliers, have worked to make the incorrectly deleted DNA profiles available to policing while the full capability is restored. In order to deliver this mitigation, we have restored the DNA database backups to a temporary, secure location. We have made this data accessible to forces and national agencies this week and setup a business process has been created to enable matching in support of ongoing investigations. During this period all audit and legislative requirements will be met.

    Finally, the Home Secretary and I have commissioned an external review led by Lord Hogan-Howe to ensure the necessary lessons are learned to avoid similar incidents in the future.

    The review is expected to report by the middle of March. After the review has concluded and been considered by the Home Secretary, a summary will be placed in the Library of the House.

    We will provide a further update to the House in due course.

  • Nick Thomas-Symonds – 2021 Comments on Police Data Loss

    Nick Thomas-Symonds – 2021 Comments on Police Data Loss

    The comments made by Nick Thomas-Symonds, the Shadow Home Secretary, on 8 February 2021.

    This statement confirms many of the worst fears about the impact of this catastrophic data loss.

    It comes with no guarantees that the deleted data can be restored, whilst, even in the best case scenario, there will be 3 months during which criminals could walk free due to a dangerous lack of police records. A recent Ministerial letter also confirmed this could impact on international investigations.

    We do not trust a Government with this appalling lack of leadership and grip will be able to rectify these huge errors. An independent review is welcome, but Ministers need to take personal responsibility for this huge security breach.

  • Suella Braverman – 2021 Comments on the Unduly Lenient Scheme

    Suella Braverman – 2021 Comments on the Unduly Lenient Scheme

    The comments made by Suella Braverman, the Attorney General, on 1 February 2021.

    For over 30 years, the ULS scheme has helped victims of crime and their loved ones get justice. The scheme includes many more offences now than it did when it was first launched, allowing us to look at more sentences which don’t appear to fit the crime.

    In the vast majority of cases, judges get it right, but the scheme is important to ensure that certain cases can be reviewed where there may have been a gross error in the sentencing decision.

  • Priti Patel – 2021 Statement on Tackling Child Sexual Abuse Strategy

    Priti Patel – 2021 Statement on Tackling Child Sexual Abuse Strategy

    The statement made by Priti Patel, the Home Secretary, in the House of Commons on 25 January 2021.

    Last week, on 22 January, the Government published the tackling child sexual abuse strategy. As the first strategy of its kind, it sets out an ambitious blueprint for preventing and tackling all forms of child sexual abuse—whether these crimes take place within the family, in the community or online. In the past, a culture of denial emboldened offenders committing these heinous crimes. This must never happen again.

    The strategy builds on previous work across Government to tackle child sexual abuse. It recognises the scale of the problem, its hidden nature, and the way it continues to evolve, outlining a fresh approach focused on the relentless pursuit of offenders and better protection for victims and survivors.

    The recently published paper on group-based child sexual exploitation highlighted that the data collected on offender and victim characteristics is inadequate, and that there is a need to improve the quality and extent of data collected in relation to the modus operandi of offending. The strategy therefore commits to working with local authorities to understand and respond to threats within their communities, and to collecting higher quality data on offenders so that the Government can build a fuller picture on the characteristics of perpetrators and help tackle the abuse that has blighted many towns and cities in England.

    In addition, the strategy outlines the immediate steps we will take to tackle all forms of offending, including:

    Investing in the UK’s world-leading child abuse image database to identify and catch more offenders quicker, including new tools to speed-up police investigations;

    Committing to a review of Sarah’s law to make it easier for parents and carers to ask the police if someone has a criminal record for child sexual offences;

    Supporting local areas to improve their response to exploitation through funding for the Home Office-funded prevention programme;

    Preventing abuse by raising awareness through communications and engagement with parents and the wider public, as well as providing professionals with skills and resources to intervene early;

    Providing victims and survivors with the support they need to rebuild their lives, ensuring their rights are protected in the criminal justice system and investing to improve support services and embed best practice;

    Working with partners overseas to strengthen child protection systems in countries where children are particularly at risk, and clamping down on individuals who travel abroad to rape and abuse children.

    Using new legislation and enhanced technology to stop offenders in their tracks, including introducing the ground-breaking Online Safety Bill and GCHQ collaborating with the tech industry to identify and develop solutions to crack down on large-scale online child sexual abuse.

    Protecting children and the most vulnerable in our society is one of the Government’s most fundamental and important roles. This strategy underlines my unwavering determination to crack down on perpetrators, place victims and survivors at the heart of our approach and restore confidence in the criminal justice system’s ability to tackle these repulsive crimes.

    The tackling child sexual abuse strategy is available on gov.uk. A copy of the strategy will also be placed in the Libraries of both Houses.

  • Conor McGinn – 2021 Comments on De-radicalisation in Prisons

    Conor McGinn – 2021 Comments on De-radicalisation in Prisons

    The comments made by Conor McGinn, the Shadow Security Minister, on 25 January 2021.

    With growing concerns about the links between extremists in prison and terrorists who have carried out attacks on the outside, it’s clear that the Government is failing at de-radicalisation in prisons.

    Ministers need to announce a coherent de-radicalization strategy in prisons, as well as urgently assessing how to protect the public from those who continue to pose a dangerous security threat despite being behind bars.

  • Priti Patel – 2021 Statement on Drug Misuse and Project ADDER

    Priti Patel – 2021 Statement on Drug Misuse and Project ADDER

    The statement made by Priti Patel, the Home Secretary, in the House of Commons on 20 January 2021.

    My right hon. Friend the Secretary of State for Health and Social Care (Matt Hancock) and I have today announced the investment of £148 million to dismantle criminal gangs, reduce the demand for illegal drugs and help those in treatment and recovery, to make communities safer.

    The Government are determined to take concerted action to address drug misuse, given its associated harms and that it is a significant driver of crime. This funding, which includes the largest increase in drug treatment funding for 15 years, will see more illegal drugs taken off the street and communities made safer, delivering on our pledge to “build back safer” from the pandemic.

    This £148 million package comprises of £40 million for financial years 2021-22 to tackle drug supply and take down county lines gangs and £80 million for financial years 2021-22 for drug treatment services across the country. Additionally, £28 million over three years will be directed towards Project ADDER (addiction, diversion, disruption, enforcement and recovery), an innovative and targeted project to reduce drug-related offending, drug deaths and prevalence of drug use.

    Funding will be directed to key local areas, to help drive down the prevalence of drug misuse and drug-related deaths in the community. Project ADDER will trial a new system-wide approach to drug misuse, which combines a targeted police approach with enhanced treatment and recovery services. It brings together the police, local councils and health services, to reduce drug-related offending, drug deaths and drug use and will run for three financial years in five areas, including Blackpool, Hastings, Middlesbrough, Norwich and Swansea Bay. These areas will benefit from the £28 million funding which will allow local police to ramp up activity to target local gang leaders driving the drugs trade and enable enhanced treatment and recovery services to help those people affected by drug use.

    £40 million of the funding will be used to disrupt drug supply and “roll up” county lines. This will stop communities being blighted by drug-related crime. This funding, which doubles our investment from last year, will allow us to continue and enhance our response to county lines. That response is already delivering real results: since November 2019 more than 3,400 people have been arrested, more than 550 lines have been closed, and more than 770 vulnerable people have been safeguarded as a result of this work. The new funding will also allow us to take wider action against the highest harm criminals involved in trafficking drugs to the UK, including through enhanced work with international partners.

    And an extra £80 million will also be invested in drug treatment services across England to give more support to people struggling with drug addiction, which we know can fuel crime. This funding will increase the number of treatment places available, including to divert offenders into tough and effective community sentences, and also to make sure that prisoners get into treatment on release. By providing treatment and saving lives, former offenders will also have the chance and support to break the cycle of crime and addiction.

    Together the funding will help to drive down crime and violence in communities affected by the scourge of illegal drugs as we build back safer from the pandemic.

  • David Lammy – 2021 Speech on Serious Criminal Cases Backlog

    David Lammy – 2021 Speech on Serious Criminal Cases Backlog

    The speech made by David Lammy, the Labour MP for Tottenham, in the House of Commons on 20 January 2021.

    We all know the numbers. The backlog of criminal cases in the Crown court has grown to more than 54,000. Including the magistrates courts, it has reached more than 457,000 cases. Serious criminal cases are being delayed by up to four years. Convictions are at by far their lowest this decade. Estimates show that the current scale of increase in the backlog would take 10 years to clear at pre-pandemic rates.

    Numbers do not tell the whole story. Behind criminal cases, there are victims: victims of rape, robbery, domestic abuse, and violent assault. Each of those victims is being denied the speedy justice that our society owes them. It has been repeated many times, but it is true: justice delayed is justice denied. This is not just the case because of the pain that delays cause victims and the wrongly accused—it is because delays to justice can affect the verdict.

    On Tuesday, four criminal justice watchdogs for England and Wales warned of “grave concerns” about the impact of court backlogs. Victims and witnesses may avoid the justice system entirely because of the delays. Witnesses may be unable to recall events properly many years after the event. As a responsible Opposition, we accept that the pandemic has caused unprecedented challenges for the justice system. However, we do not accept the Government’s presentation of the backlog as a crisis that has resulted only from coronavirus. Before the pandemic, the Crown court backlog stood at 39,000 cases.

    That figure was the result of sustained attacks on the justice system by successive Conservative Governments: an entire decade of court closures, cuts and reduced sitting days. Blackfriars Crown court was sold off by the Government in December 2019. It is now sitting empty, but it is being rented out as a film set by the developer for a new series of “Top Boy”. The Minister said “recovery”, but meanwhile the Government are paying through the nose for Nightingale courts a stone’s throw away.

    Six hundred court staff, judges, lawyers and jurors have tested positive for covid-19 in the past seven weeks. A pilot scheme of lateral flow tests has now been authorised at only two courts in London and Manchester. A pilot scheme is not good enough, and neither is the plexiglass. Why have lateral flow tests not been implemented across the court system? The Minister knows that that is a serious problem and that we are a long way from recovery. Can he tell the House why the pitiful 19 Nightingale courts that he has managed to deliver fall so short of the 200 that Her Majesty’s Courts and Tribunals Service said were needed? Can he tell the House why lateral flow tests are not being trialled across the whole country? After 11 years of incompetence and cuts, will he admit that his Government failed to fix the roof while the sun was shining?

  • Chris Philp – 2021 Speech on Serious Criminal Cases Backlog

    Chris Philp – 2021 Speech on Serious Criminal Cases Backlog

    The speech made by Chris Philp, the Parliamentary Under-Secretary of State for the Home Department, on 20 January 2021.

    The covid pandemic is truly unprecedented. It has affected every corner of our lives—from hospital operations delayed, to schools closed, to businesses struggling and even to how Parliament itself operates, we have seen covid’s effects. The court system is no different: bringing people safely into buildings for trials—especially jury trials—and hearings is a difficult thing to do. That is why so much has been done to keep delivering justice in these difficult times.

    We have invested £142 million in upgrading court buildings and technology, alongside £110 million to increase capacity, making an investment of over a quarter of a billion pounds in court recovery this year. We are hiring 1,600 extra staff. We have opened 19 new Nightingale courts, with 35 new courtrooms. As of today, we have over 290 covid-safe jury trial courtrooms—substantially more than before the pandemic. We have installed plexiglass screens in 450 courts to protect users. We have installed cloud video platform technology in 150 magistrates courts and 70 Crown courts, allowing 20,000 remote hearings per week.

    In the first lockdown, and as these measures have been put into place, backlogs have, understandably, developed. That has been the case across the world. But the fruits of our labours are now being seen. We have been faster than almost every jurisdiction to recover and we believe that we were the first country in the world to restart jury trials, back in May. Since August, the magistrates court backlog has been relentlessly reducing, month on month. Crown court jury trials are obviously much harder, for reasons of social distancing, but even there, in the last four weeks before Christmas, Crown court disposals exceeded receipts for the first time since covid began. At this very moment, as we stand here, about 230 jury trials are taking place. The joint inspectors’ report said earlier this week:

    “It is a real testament to the criminal justice system that in spite of the pandemic…service was maintained.”

    I pay tribute to the judges, magistrates, jurors, witnesses, victims, lawyers, court staff, Crown Prosecution Service staff and Ministry of Justice officials who have made that monumental effort to deliver justice in spite of covid.

    We will not rest. We are adding more courtrooms, further increasing remote hearings, and examining options for longer operating hours. We are also taking action to mitigate the impact on victims and witnesses, this year providing an extra £32 million of funding and next year an extra £25 million of funding, including for rape and domestic violence victims.

    This year has been incredibly difficult in the courts, as in so many places, but through a monumental, collective effort the system is recovering. The recovery will gather strength and pace with every day that passes, and I know that everyone in the House will support that work.

  • Joanna Cherry – 2021 Speech on Data Loss at the Home Office

    Joanna Cherry – 2021 Speech on Data Loss at the Home Office

    The speech made by Joanna Cherry, the SNP MP for Edinburgh South West, in the House of Commons on 18 January 2021.

    I thank the Minister for advance sight of his statement. Two weeks ago, the Home Secretary was boasting that the United Kingdom is now a safer place because of Brexit. However, before it was disbanded by the Government, the Select Committee on the Future Relationship with the European Union heard detailed expert evidence explaining why the United Kingdom is not a safer place as a result of the law enforcement part of the Brexit deal. One of the key reasons is that we have lost real-time access to Europe-wide databases on criminal records, DNA, fingerprints and, indeed, intelligence. That is not just my view but the expert view of Lord Ian Blair, the former Metropolitan Police Commissioner, and Lord Peter Ricketts, the former National Security Adviser. Now that situation has been further exacerbated by this loss of important fingerprint, DNA and arrest history records, which the police use for real-time checks on our own UK-wide databases.

    Mr Speaker, you really couldn’t make it up, yet curiously the Home Secretary is nowhere to be seen. Instead, she has sent her junior Minister to take the flak. I have two areas of questions for him. First, was this data cleaning operation in any way connected to the removal of records from the police national computer following the end of the transition period? Does the 400,000 figure include the 40,000 records that were removed from the police national computer post Brexit, or is it on top of that? Secondly, given the UK-wide nature of the database, what discussions have taken place with police forces in the devolved nations? Will the Minister commit to full co-operation with Police Scotland and other devolved forces until this issue is resolved?

  • Nick Thomas-Symonds – 2021 Speech on Data Loss at the Home Office

    Nick Thomas-Symonds – 2021 Speech on Data Loss at the Home Office

    The speech made by Nick Thomas-Symonds, the Shadow Home Secretary, in the House of Commons on 18 January 2021.

    I am grateful to the policing Minister for his statement and for advance sight of it, and I am grateful to him for his briefing over the weekend, but I must ask where the Home Secretary is. The loss of hundreds of thousands of pieces of data—data so important for apprehending suspects and safeguarding vulnerable people—is extraordinarily serious. It was the Home Secretary who needed to show leadership and take control. That is what previous Home Secretaries have done in a crisis. On the Passport Office, Windrush and knife crime, whatever their mistakes, Home Secretaries came to and answered to this House; they did not just offer a media clip, as has happened today. This Home Secretary, who is failing on violent crime and failing on the Windrush compensation scheme, with chaos on border testing, and who was found to have broken the ministerial code, will now not even answer to Parliament and the public on this most serious of issues. The Home Secretary likes to talk tough, but when the going gets tough, she is nowhere to be seen.

    Will the Minister tell us when the Home Secretary first knew about the data loss and why the public had to find out from the media? Given that the initial reports were of 150,000 items of data, and the figure now seems to be over 400,000, can the Minister be sure of how much data has actually been lost? In his statement, the Minister said that on 10 January the process of deletion was stopped, but will he confirm that the faulty script was introduced into the police national computer on 23 November, meaning that the problem was not identified for 48 days?

    The Minister said in his statement on Friday that

    “the loss relates to individuals who were arrested and then released with no further action”.

    This is serious in itself. For example, let us consider cases of domestic abuse: when suspects are released, the data becomes very important to protecting victims and making further arrests. In a letter, Deputy Chief Constable Malik, the National Police Chiefs Council lead for the police national computer, said that the deleted DNA contains

    “records…marked for indefinite retention following conviction of serious offences.”

    This is, therefore, not only data on individuals released with no further action; it includes data about convicted criminals, so will the Minister now correct the statement that he issued on Friday?

    Will the Minister confirm whether 26,000 DNA records and 30,000 fingerprint records held on separate databases have been deleted? Will he assure the House that the engagement with the PNC to delete the Schengen information system—SIS II—database was unrelated? What is the full impact on the UK visa system from the data loss, and how is it affecting ongoing police investigations and intelligence gathering?

    The PNC and the police national database are due to be replaced by the national law enforcement data programme, but the assessment by the Infrastructure and Projects Authority is that the successful delivery of the project is in doubt. Is it still in doubt? If so, why? There are reports that 18 months ago senior police outlined that the Home Office was not investing in the PNC and that it presented a significant risk to the police’s ability to protect the public. Was that warning heeded?

    Finally, if it is not possible to recover data via the process currently under way, what contingency plans are in place to seek to recover the data via other means? Does the Minister accept that maintaining the security of this vital data is critical to addressing crime, bringing criminals to justice and keeping our communities safe, and that if the Home Office is not doing that, it is failing the public?