Tag: Robert Buckland

  • Robert Buckland – 2020 Comments on Pausing the Prisoner Early Release Programme

    Robert Buckland – 2020 Comments on Pausing the Prisoner Early Release Programme

    The comments made by Robert Buckland, the Secretary of State for Justice, on 19 August 2020.

    This has been an unprecedented situation but thanks to the hard work and dedication of our staff we have stopped coronavirus taking hold in prisons, which means we can now pause the early release scheme.

    We continue to keep this decision under review, but independent public health experts have judged our approach effective and we continue to do all we can to help the NHS and prevent our staff and prisoners from being at risk.

  • Robert Buckland – 2020 Comments on the Judicial Review Process

    Robert Buckland – 2020 Comments on the Judicial Review Process

    Comments made by Robert Buckland, the Lord Chancellor, on 31 July 2020.

    Judicial review will always be an essential part of our democratic constitution – protecting citizens from an overbearing state.

    This review will ensure this precious check on government power is maintained, while making sure the process is not abused or used to conduct politics by another means.

    I’d like to thank Lord Faulks and the other panel members for undertaking this important piece of work and look forward to their recommendations.

  • Robert Buckland – 2020 Comments on Nightingale Courts

    Robert Buckland – 2020 Comments on Nightingale Courts

    The text of the comments made by Robert Buckland, the Lord Chancellor, on 19 July 2020.

    Our action to keep the justice system running throughout the pandemic has been globally recognised, with these Nightingale Courts being the latest step in this effort.

    They will help boost capacity across our courts and tribunals – reducing delays and delivering speedier justice for victims.

    But we won’t stop there. Together with the judiciary, courts staff and legal sector, I am determined that we must pursue every available option to ensure our courts recover as quickly as possible.

  • Robert Buckland – 2020 Comments on Sentencing for Assaults on Emergency Workers

    Robert Buckland – 2020 Comments on Sentencing for Assaults on Emergency Workers

    The text of the comments made by Robert Buckland, the Justice Secretary, on 13 July 2020.

    Being punched, kicked or spat at should never be part of the job for our valiant emergency workers who put their lives on the line to keep the public safe.

    Now more than ever they must be able to do their extraordinary work without the fear of being attacked or assaulted, which is why we’re determined to look at how our laws can protect them further.

    We will continue to do everything in our power to protect our police, prison officers, firefighters and paramedics – and ensure those who seek to harm them feel the full force of the law.

  • Robert Buckland – 2020 Statement on Courts and Tribunals

    Robert Buckland – 2020 Statement on Courts and Tribunals

    Below is the text of the statement made by Robert Buckland, the Lord Chancellor and Secretary of State for Justice, in the House of Commons on 1 July 2020.

    I am today setting out progress being made to recover the operations of our courts and tribunals in response to the pandemic. Responsibility for the courts and tribunals is shared with the Lord Chief Justice and Senior President of Tribunals, to whom I am very grateful for continued close collaboration in this endeavour.

    Since March, 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. To achieve this, HM Courts & Tribunals Service (HMCTS) has rapidly expanded the use of technology to allow hearings to be conducted by phone and video and temporarily closed around half of its building to focus effort and resources more effectively. The most urgent cases have been prioritised by the judiciary to ensure public safety, protect the vulnerable and safeguard children.

    As a result, our courts and tribunals in England and Wales have been able to sustain more activity than many other comparable jurisdictions internationally. Huge credit must go to the judges, magistrates, HMCTS staff, legal professionals and all those involved in proceedings for their work in the face of the extraordinary challenges posed by the pandemic.

    Having responded effectively to the immediate crisis, HMCTS is now fully focused on recovering its operation to increase courts and tribunal capacity to deal both with normal workloads across jurisdictions and outstanding cases. The challenges of doing so are no less great, not least because of the constraints imposed by social distancing. But doing so is essential if we are to ensure that our justice system delivers for those it is there to serve.

    As part of the Prime Minister’s plan for economic recovery, he announced yesterday that HMCTS will be receiving £142 million of additional capital funding this year to speed up technological improvements and modernise courtrooms, building on the rapid progress made to keep the system running during the coronavirus pandemic. Of this £142 million, £105 million is allocated to improving the court and tribunal estate. This investment—along with £48 million already in the HMCTS budget—will see £153 million invested in improvements to court and tribunal buildings over the coming year, which is the biggest single investment in maintenance of the court estate for over 20 years.

    Today, HMCTS has also published a progress update on its recovery plans for the short and medium terms. It is available at www.gov.uk/hmcts and includes the following work.

    First, HMCTS is working to increase physical capacity to enable more cases to be heard. All courts and tribunal buildings are being reopened in line with wider advice on social distancing and public safety. Throughout April, over 150 of the 341 sites used for physical hearings were open to the public in response to the pandemic outbreak. As of the beginning of this week, 284 were open following detailed risk assessments and essential modifications to ensure they are safe. Nearly all locations will become ​operational throughout July, and a range of physical modifications are being made, such as the installation of screens where appropriate.

    New criminal jury trials, which had been suspended since late March, were restarted in four Crown courts in the week beginning 18 May, following the implementation of particular measures to ensure the safety of all participants. As of this week, a total of 25 courts are holding trials again.

    In addition, HMCTS is exploring options to stagger and extend the operating hours of courts and tribunals, including starting hearings at different times of day and weekend sittings, to manage the flow of people through our buildings and enable more cases to be heard safely. It is working closely with stakeholder groups in different jurisdictions to identify the areas that have the most impact in terms of increasing capacity. HMCTS is also actively locating other buildings from across England and Wales to use as court and tribunal locations or to support the expansion of existing sites. HMCTS is also actively locating other buildings, including new venues and former court buildings, to use as court and tribunal locations on a temporary basis. Ten sites have been identified across England and Wales and these will be confirmed and announced locally in due course.

    Secondly, HMCTS is working to expand access to audio and video technology to support more and new types of hearings. There has been a significant increase in the use of such equipment over the last three months and, with the right IT solutions, many more hearings could take place. HMCTS has been rolling out the cloud video platform (CVP) to all criminal courts, and there are plans to provide this across other jurisdictions too. Throughout July, CVP will start to be made available to an increasing number of county courts. We will be rolling out further hardware to improve the quality of video hearings, and we will be finding new, increasingly efficient ways of organising video lists.

    Thirdly, HMCTS is introducing a range of measures to make best use of judicial time, support court and tribunal staff and users and ensure the justice system is there for those that need it. It is supporting judges to list in ways that make full use of the space we can safely use and will support alternative dispute resolution for cases where it is appropriate. It is deploying laptops to staff to enhance flexible working to support case activity. In addition, HMCTS will review and implement measures to ensure all vulnerable users are supported effectively to ensure they can access services and participate fully in hearings.

    These are all important measures to support the recovery of our courts and tribunals. But returning to pre-covid-19 activity will require sustained and long-term focus. Alongside these operational measures being introduced by HMCTS, the Government continue to keep under review options that will enable more hearings to take place while social distancing restrictions remain in place.

    We will also make sure that we learn lessons from what has happened in our response to covid-19. The unprecedented nature of this public health emergency has required all parts of the justice system to adopt new ways of working without the preparation that would normally take place, and under conditions that have not previously been tested. While some changes will be time- limited and will stop with the end of the pandemic, others may be valuable in the longer term. We will ​therefore listen to feedback from judges, staff, practitioners and users to improve the way we work in the short term, and gather data and other evidence to support continuous improvement. We will also evaluate and review the measures put in place to respond to covid-19, so that we can learn lessons and make well-informed decisions about which should be adopted and/or adapted in the longer term.

    Implementation of the courts and tribunals reform programme has continued throughout the pandemic response and new digital services to the public have worked normally. The lessons learned will help inform the next phases of modernisation, building on the existing principles and plans.

    I will place a copy of “Covid-19: Overview of HMCTS response” in the Libraries of both Houses.

  • Robert Buckland – 2020 Statement on the Prisons Building Programme

    Robert Buckland – 2020 Statement on the Prisons Building Programme

    Below is the text of the statement made by Robert Buckland, the Lord Chancellor and Secretary of State for Justice, in the House of Commons on 29 June 2020.

    My right hon. Friend the Prime Minister has previously made clear his focus on tackling crime and last year announced investment of up to £2.5 billion to create 10,000 additional prison places that are decent, safe and secure and support the modernisation of the prison estate.

    I am officially today, jointly with my right hon. Friend the Chief Secretary to the Treasury, reaffirming the Government’s commitment to building 10,000 additional prison places by announcing the funding and delivery of around 6,500 of these places through the construction of four new prisons which will provide a much-needed boost to the construction sector as it moves into a post covid-19 world.

    This work starts with Full Sutton, in East Yorkshire, where we already have outline planning permission for a new 1,440-place prison. Further work is under way to identify and secure sites for a further three new prisons which we anticipate will each comprise 1,680 places, subject to geographical and planning constraints.

    Together, these four prisons will create around 65% of the 10,000 additional places and will build on the design and progress that we have already made at Wellingborough and Glen Parva, as well as on the work we have done to ensure faster, cheaper and more efficient construction for public services, in particular using modern methods of construction.

    This demonstrates a clear commitment from the Government to the UK construction sector and its determination to help the country and the construction ​market get back on its feet following the covid-19 pandemic by offering a clear pipeline of work and investment.

    My right hon. Friend the Chief Secretary to the Treasury and I want to take this opportunity to thank constructors around the country for their commitment to keeping construction sites open and operating, and for their innovation enabling sites and associated activities to follow Public Health England (PHE) guidance and adhere to social distancing measures.

    The impact of covid-19 on the construction sector has been felt both in the demand for new buildings and the ability to operate safely in line with Government guidance. Her Majesty’s Prison and Probation Service (HMPPS) has felt this impact directly at the construction site for the new resettlement prison at Wellingborough in Northamptonshire. HMPPS has worked with suppliers throughout the covid-19 pandemic to ensure that construction has continued safely. Workers are following PHE guidance and the Construction Leadership Council’s site-operating procedures.

    While no decisions have been made on who will operate these four new prisons, we maintain this Government’s commitment to a mixed market in custodial services, and it is our ambition that at least one of these new prisons will be operated by the public sector to support the modernisation of the public prison estate. We have previously announced that the operation of both our new prisons at Glen Parva and at Wellingborough will be competed for via our prison operator services framework in shorter, targeted mini-competitions. Following a successful and robust evaluation of the bids received for the Wellingborough operator competition, we have a successful bidder, which will be announced soon.

  • Robert Buckland – 2020 Statement on the Probation Services

    Robert Buckland – 2020 Statement on the Probation Services

    Below is the text of the statement made by Robert Buckland, the Lord Chancellor and Secretary of State for Justice, in the House of Commons on 11 June 2020.

    With your permission, Madam Deputy Speaker, I should like to make a statement on the Government’s plans for the future of probation services in England and Wales. I want to take this opportunity to pay tribute to the commitment and hard work of staff in both the national probation service and the community rehabilitation companies who have jointly risen to the challenge of covid-19 in swiftly adapting to the new restrictions, and who have continued to deliver critical frontline services during this difficult time.

    Beyond the immediate changes to our ways of working, however, covid-19 also presents an ongoing challenge to the implementation of our ambitious programme of probation reform. Probation services are currently split between the NPS, supervising high-risk offenders, and private sector CRCs, supervising low and medium-risk offenders. Those changes were made as a result of a 2010 manifesto commitment to end the situation where short-term offenders received no support after their release from custody. That commitment was the right one to make and, of course, it still stands. The current CRC contracts will come to an end in June next year, and last year my predecessor announced plans in this House to replace the current CRC contracts by moving to a unified model. This will see responsibility for the supervision of all offenders transfer to the NPS, while each NPS region will have a private sector partner—a probation delivery partner—responsible for providing unpaid work placements and behavioural change programmes.

    Covid-19 does not change our ambition to cut crime, to keep the public safe and to tackle reoffending so that fewer people become victims of crime. Strong and reliable probation services are essential in realising that ambition. However, given the significant operational impact that covid-19 has already had and the uncertainty it brings for the future, it is right that we should reassess our plans. Protecting the public is my and the Government’s absolute priority. For that reason, I believe it is essential that we continue to deliver changes to how offenders are supervised by June next year as planned. However, the disruption caused by covid-19 makes delivery of other parts of our plans considerably more complex, and looking ahead, it is vital for public and judicial confidence that we have the flexibility to deliver a national response to any future challenges that covid-19 presents. For these reasons, I am today setting out changes to streamline the reforms, giving priority to unifying the management of offenders under a single organisation by June next year as planned, while giving us greater flexibility to respond to an uncertain picture across the criminal justice system and beyond.

    Under those revised plans, we will end the competitive process for probation delivery partners. The delivery of unpaid work and behavioural change programmes will instead be brought under the control of the NPS alongside offender supervision when the current CRC contracts end in June next year. This will give us a critical measure of control, resilience and flexibility with the services that we would not have had were they delivered under 12 contracts with a number of organisations. We can reassure the judiciary and the public that, whatever lies ​ahead, offenders serving community sentences will be punished and make their reparation to society, and that programmes to address their behaviour will be delivered.

    In making these changes, we cannot forget the role of specialist and voluntary organisations, which are vital in providing rehabilitation and resettlement support to more vulnerable individuals, such as women being released from prison or serving community sentences. They have also shown great innovation in continuing to deliver critical services during this challenging time, for which I commend them and express my deep gratitude. I am determined to preserve a role for these types of organisations, as well as the private sector, in the delivery of probation services. In the future system, we will, therefore, retain a dynamic framework for specialist rehabilitative services, but we must take account of the pressures that the market is currently facing. We will therefore prioritise the delivery of those specialist resettlement and rehabilitative services that are most needed in order to build a solid foundation that can be delivered within this timeframe and later built upon. We will be opening the dynamic framework for eligible organisations to register their interest in the coming days, and I encourage all organisations with an interest in providing rehabilitative services to register.

    The unified model for probation delivery will ensure that we make the best use of the talents and skills in the public, private and voluntary sectors. For staff currently employed by the CRCs, the arrangements will mean that they will be in scope to transfer into the national probation service or to dynamic framework providers once CRC contracts expire in June 2021, depending on the work that they do. As we adopt a whole-system approach to criminal justice reform, it is vital that we continue to work together in partnership.

    The Government remain fully committed to a mixed market in delivering custodial services, including our private sector partners, who run a high number of high-performing prisons in our estate. We are currently running a competition to operate the new prison that we are building at Wellingborough, which is due to end shortly, followed by a further competition to operate another new prison at Glen Parva. Our private sector prison partners will thus continue to play an important role in the custodial services sector, including as we deliver our ambitious programme of prison reforms, investing up to £2.5 billion to transform our prison estate and to create an additional 10,000 prison places.

    I am confident that the changes I have set out represent the most sustainable approach for probation to deliver justice and to cut crime in the face of an unprecedented crisis. This approach will allow us to gain a critical measure of control over their recovery from covid-19 and to ensure that we are best placed to respond to any future disruption. I believe that these changes will also support our proposals to reform the sentencing framework, as I set out to the House last October. We have already made significant progress as a Government in delivering that agenda, including longer prison sentences for serious, violent and sexual offenders, but there is much more work to do if we are even better to protect the public and restore fuller confidence in the justice system. As part of this package of reforms, I want to deliver robust community penalties that offer an appropriate level of punishment while tackling the underlying drivers of offending.​
    These changes to the probation structures will help us to realise that ambition by giving us greater control over the levers necessary to strengthen community sentences. My officials will work closely with current providers, stakeholders and staff to ensure a smooth transition during this challenging time, ready for the new unified model to come into effect in June next year. I commend the statement to the House.

  • Robert Buckland – 2020 Statement on Prisons and Covid-19

    Robert Buckland – 2020 Statement on Prisons and Covid-19

    Below is the text of the statement made by Robert Buckland, the Lord Chancellor and Secretary of State for Justice, in the House of Commons on 2 June 2020.

    I am today announcing the Government’s plans for how Her Majesty’s Prison and Probation Service will start to recover from the impact of covid-19.

    I want to first pay tribute to the hard-working staff across the country who have continued to deliver essential services in spite of the virus. They have been striving tirelessly to make sure those in their care are safe and the public is protected.

    The Government have introduced strong measures to save lives and protect the NHS, including reducing face-to-face interactions in both prison and probation, minimising transfers between establishments, shielding the vulnerable, quarantining new entrants to prison and making greater use of technology to enable family contact and supervise offenders in the community.

    As a result of the success of these measures, we are formulating plans for how these restrictions can be cautiously rolled back over the coming weeks and months. This will happen within overarching frameworks for prisons and probation which have been published today. These decisions will be guided by public health advice and the best available data.

    In prisons there will not be a simple easing of restrictions across the estate but national guidance will ensure there is consistency in decision making by governors. That means establishments will progress at their own speed, taking full account of their specific circumstances.​

    We know it will not be a straightforward return to normality. As the Prime Minister has set out, the whole country now needs to prepare for an extended period of living with and managing the threat from the virus.

    But over the coming weeks and months, we will restart aspects of daily prison life, such as social visits, education and work, and face-to-face probation supervision, including unpaid work and accredited programmes, with adaptations where necessary to ensure safety.​

    We will continue to closely monitor the situation, and only proceed once it is safe to do so. Should restrictions need to be re-imposed to ensure the safety of staff and those in our care we will not hesitate to do this.

    During this time, we will continue with measures such as providing additional temporary accommodation, and making careful use of our end of custody temporary release powers, to ensure we are able to manage the possibility of any future outbreaks.

  • Robert Buckland – 2020 Statement on the Domestic Abuse Bill

    Robert Buckland – 2020 Statement on the Domestic Abuse Bill

    Below is the text of the statement made by Robert Buckland, the Lord Chancellor and Secretary of State for Justice, in the House of Commons on 28 April 2020.

    I beg to move, That the Bill be now read a Second time.

    It is a great pleasure to open this Second Reading debate, albeit with a sense of déjà vu. Those of us who had the privilege of being in the House on 2 October last year will not have failed to be moved by the many powerful contributions we heard, including from the hon. Member for Canterbury (Rosie Duffield), who recounted her own very personal and heart-wrenching experience of domestic abuse. She was not alone in showing great courage by bringing home to this House the devastating impact of domestic abuse on the lives of survivors, as this Bill has also brought forth very personal accounts from, among others, the hon. Members for Bradford West (Naz Shah) and for Swansea East (Carolyn Harris). On that occasion, I was able to share my own personal experiences, as a young barrister, of domestic abuse. I will not repeat them today, because I have no doubt that we will hear some memorable speeches in this debate—more testimony, adding power to what has already been said.

    After the last debate, some Members approached me privately to share with me their own domestic abuse experiences—stories that are still raw and still cannot be told. For many of us, the sounds and sights witnessed in our homes, often as children, still haunt us many years on. The experiences we have heard recounted by Members are, sadly, all too frequently repeated across the country. I have heard no more harrowing account recently than that of Claire Throssell, whom I had the privilege to meet last October. Claire’s young sons, Jack and Paul, were killed at the hands of her abusive partner. No one can imagine the pain and suffering that she has had to endure, but we owe her a debt of gratitude for giving such a powerful voice to the survivors of domestic abuse.

    Gratitude is also due to Tracy Graham, a victim of controlling and violent domestic abuse who this year chose to speak out, go public and share her experiences with my local community in Swindon via the new Swindon domestic abuse support service, which I helped ​to launch just before lockdown, seven weeks ago. Tracy is not only a domestic abuse ambassador for the service, but is volunteering with the local police as well, to help to support domestic abuse victims who are going through what she went through. She truly is an inspirational young woman—one of many who are standing up, stepping forward and sharing their harrowing experiences, to the benefit of current and future survivors and victims.

    It is right, in this time of covid-19, to dwell a little on the impact that this pandemic is having on victims of domestic abuse and their families. We are seeing evidence of it in the increased calls to domestic abuse helplines. My local refuge had an increase in referrals of 80% in one week, and the helpline in my local area had an increase in the number of calls of nearly 30%. People are speaking up and speaking out about domestic abuse, but it is happening even at this time of great crisis.

    The phrase “Stay at home”, which we so associate with the directions to deal with covid-19, should be words of reassurance and comfort. The home should be a place of safety, both physical and mental. The concept of the home as a refuge is such a strong one, yet for too many people it is not a refuge. At this time of lockdown, that fear, distress and suffering is multiplied. I assure all victims that help is available. The police continue to respond to incidents of domestic abuse, and anyone in immediate danger should not hesitate to call 999 and the emergency services. Where necessary, the existing civil order framework can be used to remove a perpetrator from the family home in order to protect victims of abuse.

    We are working with and listening carefully to domestic abuse and victims organisations to make sure that we understand what their most pressing needs and priorities are, and we are committed to ensuring that victims have a comprehensive package of support available. We have launched a new campaign to signpost victims to the support services available and provided an additional £2.6 million to ensure that the national helplines have the capacity to respond to increased demand.

    In addition, we are working with the domestic abuse commissioner to ensure that refuges and other organisations that provide frontline support to victims will be able to access the £750 million fund set aside by my right hon. Friend the Chancellor to bolster charities that are responding directly to the pandemic. I am happy to say to the House that allocations under the charities package will be made very shortly indeed. The Home Secretary and I have together been very much engaged in tailoring the requests to ensure that help is targeted where it will make the most difference. Having spoken to police and crime commissioners, I know that many are making available extra resources for safe accommodation.

    I am grateful to the Home Affairs Committee for the report that it published yesterday on the pandemic’s impact on victims of domestic abuse. I welcome the Committee’s support for our public information campaign and the additional funding. We will of course respond promptly to the Committee’s recommendations.

    In short, this is a concerted period of direct action being taken by the Government. Measures are being taken to address directly the concerns that I know the shadow Home Secretary, the hon. Member for Torfaen (Nick Thomas-Symonds), whom I welcome to his post, will raise in due course.​

    Let me turn to the Bill, which is necessarily about strengthening protection and support for victims in the longer term. I share the frustration of Members from all parties that we are having to repeat a number of stages of this Bill, which was initially championed by my right hon. Friend the Member for Maidenhead (Mrs May). All parties want to see this Bill on the statute book, but we have to put to good use the time available to us since the election to make it an even stronger Bill than the one that came before the House last October.

    The aims of the Bill are fourfold: first, to raise awareness of this insidious crime; secondly, to better protect and support victims and their children; thirdly, to transform the response to the criminal, civil and family justice systems; and, fourthly, to improve performance across all national and local agencies. I shall take those objectives in turn.

    If we are to tackle domestic abuse effectively, it is vital that the nature of that abuse is properly understood and recognised. Part 1 of the Bill sets out a statutory definition of domestic abuse. It will apply for the purposes of the whole Bill, but we also expect it to be adopted across all agencies that have a shared responsibility for combating this crime and for helping survivors to rebuild their lives. The definition makes it clear that domestic abuse is not confined to violent or sexual abuse, but includes controlling or coercive behaviour, psychological abuse and economic abuse, too. Identifying and calling out domestic abuse in all its manifestations is just a first step. We then need to protect and support victims. In terms of protection, a number of civil orders are already available to help to safeguard survivors, but the existing landscape of occupation orders, non-molestation orders and domestic violence protection orders is complex, and none are, arguably, wholly adequate to the task.

    The new domestic abuse protection order—DAPO—will bring together the best elements of the existing civil order regimes. It will be available in the civil, criminal and family courts. It will be flexible, in that the court will determine the length of an order and decide what prohibitions, and positive requirements too, are appropriate to attach to it, including conditions that may compel the respondent to attend perpetrator programmes or require them to wear an electronic tag. The new DAPO will also have teeth, with a breach of conditions being a criminal offence punishable by up to five years’ imprisonment or a fine, or both.

    We want to get these new orders right so that they work for victims and their children, the police, the courts and others who will have to operate them. We will therefore be piloting these new orders in a small number of areas before rolling them out nationally.

    But protecting victims from abuse is never enough on its own. We also need to ensure that they are effectively supported as they reset their lives. The Bill, as reintroduced, includes a significant new measure to that end. When a victim of abuse has to flee their home and seek sanctuary in a refuge or other safe accommodation, it is not enough simply to provide that person with a safe place to sleep. In such circumstances, victims and their children need access to counselling and mental health support, advice about follow-on housing, help in enrolling children in a new school, or specialist support, such as translation services or access to immigration advice. We know that ​refuges and other providers of safe accommodation struggle to provide such support so, to plug that gap, the Bill will place new duties on tier 1 local authorities in England. Under part 4 of the Bill, such local authorities will be required to assess the need for accommodation-based support for all victims of domestic abuse and their children in the area. Having identified that need, the relevant local authorities will then be required to develop, publish and give effect to a strategy for the provision of such support in their locality.

    Of course, these new duties will come at a cost—some £90 million a year, we estimate. I assure the House that my right hon. Friend the Housing Secretary is committed to ensuring that local authorities are appropriately resourced as part of the spending review.

    I know from my own experience of the legal system that appearing as a witness in criminal, civil or family proceedings can be—shall we say—a daunting experience, so we need to make sure that the victims of domestic abuse can give their best evidence in court. In the criminal courts, that often means being able to give evidence hidden from view of the alleged perpetrator or via a video link. The Bill provides that these and other so-called special measures will be automatically available to victims. In the family courts, for a long time, there have been calls for a bar on the practice of perpetrators being able to cross-examine in person the victims of domestic abuse. Such an experience is bound to be traumatising for victims—it must stop. We have listened to the views of the Joint Committee that examined the draft Bill. Indeed, the Bill as reintroduced now extends the circumstances in which the automatic prohibition on cross-examination in person applies, which is a welcome further step to safeguard and prevent the perpetuation of abuse through the courts.

    I know that there are wider concerns about the experiences of victims of domestic abuse in the family courts, which was why we established last year a specialist panel to examine how effectively the family courts respond to allegations of domestic abuse and other harms in private law proceedings, including around the provision of special measures. I aim to publish very shortly the panel’s recommendations, together with the Government’s response. One way we can improve the experiences of victims is by better integrating domestic abuse-related proceedings right across the various jurisdictions in our courts.

    With that in mind, we committed in our manifesto to pilot integrated family and crime domestic abuse courts. My right hon. Friend the Chancellor set aside £5 million in his March Budget to allow that important pilot to progress. Again, I expect to be able to inform the House soon as to how the trial of these new integrated domestic abuse courts will be taken forward. I will take a close personal interest, to make sure that there is a genuine bringing together of the jurisdictions around the victim, around the family—around those people who need the support and benefit of any orders and sanctions that the court might impose.

    It is not only the courts where there is room for improvement. The new independent domestic abuse commissioner will help drive consistency and better performance in the response to domestic abuse right across the relevant local and national agencies. The relevant agencies will be under a statutory duty to co-operate with the commissioner, and will be required to respond within 56 days to any recommendations that the ​commissioner makes. We are lucky to have Nicole Jacobs, who brings a wealth of experience to the role, and I fully expect her to perform her functions without fear or favour.

    I know that, on the previous Second Reading, a number of hon. Members argued for the post to be full time. We reviewed—with Nicole Jacobs—the appropriate time commitment for this role and have now extended it from three to four days per week. The Minister for safeguarding, my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), will keep this matter under review as we transition to the statutory arrangements provided for in part 2 of the Bill.

    We did not want to wait until the Bill became law to make that appointment, and I am very glad we did not, because Nicole Jacobs is already making a huge difference. One area where we want to draw on her experience is in the provision of community-based support. As I described, the provisions in part 4 of the Bill will make sure that victims of domestic abuse in safe accommodation receive the support they need, but of course most victims of abuse remain in their own home, and they need to be able to access appropriate support while doing so.

    Victim support services are provided in the community by police and crime commissioners, local authorities and other agencies, but the landscape is, frankly, complex, and there are undoubtedly gaps in the current provision. In order to determine what action needs to be taken, we must better understand the existing routes by which these services are commissioned and funded. To that end, the domestic abuse commissioner has agreed to undertake an in-depth exploration of the current community-based landscape of support. Once we have her findings and recommendations, we will work with her to understand the needs identified and to develop the right options for how best to address them.

    Finally, I will say a few words about the amendments put forward in the last Session by my hon. Friend the Member for Wyre Forest (Mark Garnier) and the right hon. and learned Member for Camberwell and Peckham (Ms Harman). It is absolutely right that we reinforce current case law that a person cannot consent to violence that leads to serious injury or death. To be clear, there is no such thing as the rough sex defence. I had a productive meeting with both Members to discuss the issue, and, as I made clear to them, we are looking at how best to address it. It is a complex area of criminal law, and we need to ensure that any statutory provisions have the desired effect and do not have any unintended consequences; we do not want to inadvertently create loopholes or uncertainties in the law that can then be exploited by those who perpetrate crimes. I am confident that we will be able to set out our approach in time for Report, and I am grateful for the continuing constructive engagement on this important and sensitive issue.

    Domestic abuse is one of the most prevalent crimes in our society—let us be honest and frank about that. It is staggering that some 2.4 million people experience domestic abuse each year, and unforgivable that, on average, more than two individuals, the majority of whom are women, are killed each and every week in a domestic homicide.

    Tackling domestic abuse needs to be everyone’s business, from prevention to protection to prosecution to support. Legislation alone can never have all the answers, but I believe that this landmark Bill will make a significant contribution and I commend it to the House.

  • Robert Buckland – 2020 Statement on Joseph McCann

    Robert Buckland – 2020 Statement on Joseph McCann

    Below is the text of the statement made by Robert Buckland, the Lord Chancellor and Secretary of State for Justice, in the House of Commons on 5 March 2020.

    On 6 December 2019 Joseph McCann was given 33 life sentences at the central criminal court for a series of violent sexual attacks which he committed between 21 April and 6 May that same year. His victims, ranging from an 11-year-old boy to a 71-year-old woman, each suffered a terrifying ordeal, and I pay tribute to them for the courage they showed in giving evidence to secure McCann’s conviction. Mr Justice Edis ordered that McCann serve a minimum of 30 years before being eligible for release on parole.

    When he started these attacks, McCann was being supervised on licence by the national probation service, having been released automatically from prison on 15 February, after he had served half of a three-year determinate sentence for burglary and robbery offences, less time spent on remand. However, an initial management review and then a full serious further offence (SFO) review confirmed that the court imposed that sentence on 25 January 2018 on the understanding that it would run concurrent to a recall to prison in connection with an indeterminate sentence of imprisonment for public protection (IPP) which he had received in 2009 for aggravated burglary. However, staff in the national probation service (NPS) south-east and eastern division failed to recall McCann, both when he was remanded into custody on 21 August 2017 and when he received the new sentence on 25 January 2018. Had he been recalled, he would not have been released automatically on 15 February last year; rather, the parole board would have conducted a full risk assessment in order to determine whether it was safe re-release him on licence.

    There was only a limited amount which could be shared publicly, whilst we awaited the outcome of McCann’s trial, but under ministerial direction officials re-launched the recall policy framework in early July, giving NPS divisional directors and chief executives of community rehabilitation companies personal responsibility for ensuring that their staff understood the purpose of recall and the threshold for recall. Then, in January this year, alongside the recall policy framework, new mandatory training on recall for all probation staff was launched together ​with fresh operational guidance, to support staff in the judgments they need to make when presented with evidence of an offender’s increased risk or an offender breaching licence conditions.

    As a vital part of our service to victims, the NPS offers victims the opportunity to receive a copy of the SFO review, redacted only to fulfil our statutory obligations to protect the rights to privacy of third parties. After McCann had been sentenced on 6 December, NPS victim liaison officers contacted McCann’s victims and asked them whether they would like to meet an assistant chief of probation, in order to have the findings of the SFO review explained to them and to hear the action which has been taken to address the failings which the SFO review sets out. Meetings were then arranged, having regard to the victims’ preferences and availability, the first on 27 February and the final one on 5 March.

    Our primary responsibility is towards the victims, which is why I have waited until they have received the full SFO review before announcing further measures.

    In order to address the serious concerns which have arisen in this case and to provide wider public assurance, I have decided, exceptionally, to publish a version of the SFO review. This is not the full review, necessarily redacted, which has been shared with McCann’s victims, but it is a thorough and open account of what went wrong in this case and what has been done to put it right.

    Further, so we can be absolutely sure that all the lessons of this terrible case have been learned and addressed, I have asked Her Majesty’s chief inspector of probation, Justin Russell, to conduct an independent review. Justin has decided that the review will be in two parts: the first by pursuing specific lines of enquiry in relation to the management of McCann in custody and in the community and by considering whether HMPPS has taken all the organisational action necessary to improve practice in the areas in which it was found wanting, the second to take a wider look on the culture and understanding of recall in the probation service. The chief inspector has placed the terms of reference for his review here: https://www.justiceinspectorates.gov.uk/hmiprobation/about-our-work/inquiriesandreviews.

    When I receive the chief inspector’s reports, I will consider whether more needs to be done to strengthen probation practice. I am determined to do all that is necessary to protect the public from known offenders. They, and McCann’s victims in particular, deserve no less.