(10 years, 8 months ago)
Commons ChamberIt is important that the hon. Gentleman understands that any decision to go down that road pre-charge is for the police to make, not for the CPS. The CPS can be consulted and after charge, when it is reviewing cases, it may identify cases that it can recommend should go down that route and have the charges dropped. I cannot tell him what happened to the other seven; I shall try to find out and write to him. It is desirable that the project be taken forward. It is not without difficulty: there are human rights issues, and often people say they are asylum seekers or have claimed asylum and therefore cannot be removed. That said, the fact that even that small number of people have been removed seems to me to be a step in the right direction.
What happens when those foreigners have been repatriated? Are they allowed automatically to come back to this country at a later date, or are they banned from returning?
Generally speaking, they are banned from returning to the United Kingdom, at least for a period of time. It depends on the nature of the offence: in some cases, the offence will be an immigration offence and may lead to a ban for a period of time; a serious criminal offence is likely to lead to a ban for ever.
(12 years, 5 months ago)
Commons Chamber6. What steps he is taking to increase the number of prosecutions for human trafficking.
The Crown Prosecution Service has charged and prosecuted 133 offences of human trafficking in the past 12 months, 1 May 2011 to 30 April 2012. The CPS prosecutes human trafficking-related cases under other legislation as well. The CPS is taking a number of steps to increase prosecutions, but is dependent on cases being referred for investigation by law enforcement agencies.
We have another Minister at the Dispatch Box who is also box office. May I encourage him to look at the problem where police spend time, money and effort breaking up criminal gangs of human traffickers, only for the CPS to charge them with much lesser offences, getting shorter sentences that are no deterrent to the human traffickers? It is essential that we prosecute people for human trafficking. What can the Attorney-General do?
(12 years, 8 months ago)
Commons ChamberAs the hon. Gentleman will appreciate, with my hat on as superintendent of the Crown Prosecution Service, it would be easy for me to ask for extra resources in all directions outside my own Department, but if he thinks that there are specific instances in which the service may be in some way deficient he should, I suggest, bring them to my attention or to that of my right hon. Friend the Home Secretary. The evidence that I have from the Crown Prosecution Service is that it receives very good co-operation from the agencies with which it deals.
I thought that the Government were carrying out a review of human trafficking sentences, with a view to reporting to Parliament by now on the changes that would make conviction easier. When is that report going to be published?
I am not in a position to give my hon. Friend a precise date. What I suggest, as he will appreciate that the issue is outside my departmental area, is that I write to him when I have ascertained whether we have further detailed information on it.
(12 years, 10 months ago)
Commons ChamberI appreciate the hon. Lady’s point, which is an important one. It is the view, and certainly the policy, of the Crown Prosecution Service that it will continue to prosecute cases of domestic violence and to give them a high priority, as I have said in this House on several occasions before. I would be very concerned if any of the other changes taking place in civil legal aid were to have an impact on that, but I have no reason to suppose from my discussions with the Director of Public Prosecutions that that is the case. The emphasis on prosecuting domestic violence remains a top priority for the Crown Prosecution Service.
Many of the victims of domestic violence have been trafficked into this country for domestic servitude. What is the Government’s view on providing legal aid to victims of human trafficking?
In so far as somebody may be a victim, they do not need legal aid. My hon. Friend will be aware that for victims of human trafficking who, in the course of human trafficking, may have technically committed offences, there is a protocol in place to ensure that they should not be prosecuted without very good reason. From that point of view, I do not see, in terms of my responsibilities for criminal justice, that their needing legal aid as victims comes into it.
(13 years ago)
Commons ChamberI appreciate the hon. Gentleman’s point, and for the reasons that I gave in answer to the hon. Member for Wigan (Lisa Nandy), I can see that it has considerable force, but I do not think that it is the specific responsibility of the CPS to deliver on this. It would require work with other agencies to achieve it and, for those reasons, it is something that I am happy to see taken forward, but it is not something that the CPS on its own can deliver.
The Attorney-General is right that the issue of guardianship is for other parts of the Government. However, he is responsible for sentencing. The Government, in their human trafficking strategy, promised a review by December. Will he update us on how that review is going and congratulate the Prime Minister on marking anti-slavery day by having a reception in Downing street on 19 October?
I join my hon. Friend in congratulating the Prime Minister on properly commemorating anti-slavery day. I am afraid, however, that I am not in a position to give my hon. Friend an update. There is a timetable for this report to come out. If I have any further information on the matter, I shall write to him.
(13 years, 4 months ago)
Commons ChamberI entirely agree with my hon. Friend. I have to say that those suggestions have always struck me as being at the rather far-fetched end of the spectrum. The evidence overwhelmingly shows that Dr Kelly committed suicide: he was not killed by anyone.
The Attorney-General has done the House a great favour by coming here and making such a full statement. It should be an example to other Ministers. He said in his statement that he is routinely asked to apply to the High Court for inquests. For the House’s information, will he say how many times he has actually gone to the High Court?
Generally speaking, I do not have to do it myself, but give permission for it to be done. I did that very recently in a case where a body had been found and never identified. Some considerable time afterwards identification became possible, so the inquest had to be reopened for the purpose of identifying that the person who had died and had been long buried was, in fact, the person concerned. That is an example. It is part of my functions to do it. I have to review each such case, but generally speaking, I give my permission to others to do it, and do not have to take that role myself.
(13 years, 5 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
May I take a contrary view? Members of this House have absolute privilege that they use responsibly and for judges to criticise Members of this House seems to me to be an abuse of their power. Will the Attorney-General spell out quite clearly that judges should butt out?
I have to say to my hon. Friend that I am not quite sure what they are supposed to butt out from. If he is suggesting that they should butt out from doing their duty and following the judicial oath that they take, I am afraid I disagree with him.
(14 years ago)
Commons ChamberThe Crown Prosecution Service works closely with the police and other related organisations to try to improve its ability to prosecute human trafficking cases. It has, for example, only very recently sent a senior prosecutor to Vietnam to discuss the issue of child trafficking into this country from that country. In addition, we are adherent to the EU directive on trafficking, which we ratified and implemented. It provided that all member states should, in accordance with the basic principles of its legal system, provide for the possibility, as I have just said, of not imposing penalties on victims for their involvement in unlawful activities. One of the reasons for that is to facilitate their coming forward so that a prosecution of the traffickers can take place.
How does the Attorney-General square that statement with the fact that the Court of Appeal recently released three young women from prison who had been trafficked into this country and forced into prostitution but were prosecuted by the CPS against the advice of the police and the POPPY project?
It is difficult for me to comment on an individual case, although if my hon. Friend wishes to draw the particular circumstances to my attention I am more than happy to write to him about it. As I said a moment ago, the policy of the CPS and the principles it follows under the code of Crown prosecutors put the public interest at the forefront of a prosecution. Where the public interest is thought not to require a prosecution, no prosecution will be brought.
(14 years, 3 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
As I said, anyone who saw the video of what happened must be seized with very serious concern about the matter. That is a view that I entirely endorse. Therefore, for the same reason, I am extremely unhappy, as I am sure everyone in the House is, that we should be in the position that we are in today with such a complete lack of clarity in the matter. There may well be lessons to be learned overall, but I came to the House to answer for the CPS, which had to take the material available to it and act on it. As I said before, I do not believe there is anything in what I have seen of how the CPS has conducted itself in this matter to make me think that it was not seeking throughout to try to ensure that justice was done in this case. I hope that the hon. Gentleman will be able to accept that.
Does the Minister agree that the liberty of every citizen in this country relies on the separation of powers, that members of the public should not be tried by television and the media and that the CPS has looked at this properly and reached a proper decision?
My hon. Friend does make an important point—in this country, we have the presumption of innocence and it is also right that we only prosecute where the code test is passed and there is a credible basis on which a prosecution can be brought. Those are onerous burdens for the CPS, which it has to discharge impartially, free of political control and fearlessly. I have not the slightest doubt that in this matter that is what it has sought to do. The fact that the outcome is unsatisfactory—from the House’s viewpoint and that of many, particularly, I might add, the family of the deceased, for whom everyone in the House must have the greatest sympathy—does not, in fact, undermine the validity of what the CPS was trying to do.