Oral Answers to Questions

Robert Buckland Excerpts

Thursday 1st November 2018 Commons Chamber

[James Cleverly (Braintree) (Con)]

2. What assessment he has made of the effectiveness of the CPS in prosecuting crimes involving the exploitation of vulnerable people.

[The Solicitor General (Robert Buckland)]

The Crown Prosecution Service has had considerable success in prosecuting cases involving the exploitation of vulnerable people by gangs. The number of offences charged and prosecuted under trafficking and slavery legislation has risen year on year to 340 last year, and last month we saw the successful prosecution of Zakaria Mohammed, who is believed to be the first person to be jailed under modern slavery laws in respect of the exploitation of children.

[James Cleverly]

I thank my hon. and learned Friend for that answer. Does he agree that the use of some of the youngest and most vulnerable people in our society for county lines drugs trafficking is a particularly pernicious offence? What is the CPS doing to crack down on that activity?

[The Solicitor General]

My hon. Friend is right to focus on the menace of organised crime and county lines. The CPS has developed an approach to county lines, particularly when it comes to the investigation and prosecution of offences involving vulnerable people—in other words, how to treat them and whether they should be treated as victims or defendants.

[Kerry McCarthy (Bristol East) (Lab)]

The anti-slavery charity Hope for Justice has said that two thirds of UK modern slavery victims are in the waste industry. The Environment Agency is training its staff to spot this exploitation. What liaison is the CPS having with the Environment Agency on this matter?

[The Solicitor General]

The hon. Lady makes a very good point. The waste industry, car cleaning and such activities are clearly a focus for this type of unlawful behaviour. The police and the Crown Prosecution Service are indeed working with other agencies, but I take the particular point she makes and I will re-emphasise it to the CPS.

[Eddie Hughes (Walsall North) (Con)]

Will my hon. and learned Friend tell the House what the CPS is doing to support and protect vulnerable people who have been the victims of crime in order to secure their valuable evidence?

[The Solicitor General]

My hon. Friend is absolutely right to talk about the victims. I have mentioned the decision to be made about the vulnerable victims of human trafficking. We have a particular mechanism that we use to protect the position of people who might otherwise be in the country unlawfully and to give them support so an informed decision can be made about their involvement in the process. I am confident that the CPS is working very hard always to improve its approach to victims.

[Nick Thomas-Symonds (Torfaen) (Lab)]

The number of rapes reported has more than doubled since 2013-14, yet the Crown Prosecution Service’s “Violence against Women and Girls Report 2017-18” highlights a 23.1% fall in the number of defendants charged with rape compared with the previous year. Why does the Solicitor General think this has happened?

[The Solicitor General]

The hon. Gentleman is right to raise this issue. Since those figures have been obtained, I and others have been working very hard to establish what the often complex reasons for them are. Sadly, I think that a lot of them are long-standing ones. What is sometimes unattractively described as the rate of attrition, as well as the experience of victims in this service, is still something that needs to be dealt with fully. That involves not just the CPS end of it, but the very early stages of the investigation. I assure him that every effort is being made to try to close that gap in a meaningful sense.

[Nick Thomas-Symonds]

I hear the Solicitor General’s words, but clearly actions are necessary, too. This is a deep concern. I am sure that he will have seen the recent story in The Guardian newspaper that staff at the Crown Prosecution Service have been told:

“If we took…weak cases out of the system, our conviction rate goes up to 61%.”

Clearly, decisions to prosecute are subject, under the code for Crown prosecutors, as the Solicitor General knows, to the evidential test and the public interest test, not to some kind of arbitrary decision to get the figures up. Has that been said, and if it has been said, what action is he going take?

[The Solicitor General]

I assure the hon. Gentleman and the House that any suggestion that there should be an artificial target that trumps the tried and tested code for prosecutors would be wholly wrong. I will absolutely make sure myself, as will others within the CPS, that such observations—if, indeed, they have been made—are ones that carry no weight whatsoever.

--- Later in debate ---

[Robert Halfon (Harlow) (Con)]

4. What steps he is taking with the CPS and Cabinet colleagues to improve the effectiveness of the criminal justice system for victims of domestic abuse.

[The Solicitor General (Robert Buckland)]

Tackling domestic abuse is a top priority for this Government, and we are committed to securing justice for all victims. We have seen improved conviction rates—in 2017-18, the conviction rate for domestic abuse cases increased to 76.4%, which is the highest rate ever recorded.

[Robert Halfon]

In June 2012, Eystna Blunnie, a 20-year-old pregnant young lady was brutally kicked to death by her ex-fiancé, Tony McLernon, two days before her due date in Harlow. She sadly died in hospital and doctors were unable to save the baby. Despite McLernon’s death threats prior to the attack, he was not charged, and police assessed Eystna as being at “medium-risk” of domestic abuse. What changes has the Crown Prosecution Service made in how it decides to bring charges in cases of domestic violence, and what specialist training is given to CPS solicitors to deal with cases of domestic abuse and violence against women?

[The Solicitor General]

I pay tribute to my right hon. Friend and to the family of the victim for their dignity in the face of such tragedy. Steps have indeed been taken as the result of that case and others, for example: the existence of a victims’ right to review policy on prosecution decisions; the use of local scrutiny and inclusions panels to consider violence against women and girls cases; and the new offence of coercive control, which can capture cumulative abusive behaviour by one partner against another.

[Thangam Debbonaire (Bristol West) (Lab)]

Prosecuting cases of domestic violence is only possible if the police have sufficient officers and resources, so what conversations did the Solicitor General or Attorney General have with the Chancellor about police funding and were they satisfied with the result?

[The Solicitor General]

The hon. Lady knows police funding is a question for an announcement in December and the forthcoming spending review next year. I reassure her that the number of flagged referrals on domestic abuse from the police is remaining steady at about 110,000 in the past two years. As I have said, the number and rate of prosecutions continues to rise. We have seen a rise of over 50% in domestic abuse prosecutions in the past 10 years.

[Rehman Chishti (Gillingham and Rainham) (Con)]

6. What steps the Crown Prosecution Service is taking to increase the rate of successful prosecutions for terrorism.

--- Later in debate ---

[Christian Matheson (City of Chester) (Lab)]

8. What plans he has to undertake a review of the effectiveness of prosecutions under the Proceeds of Crime Act 2002.

[The Solicitor General (Robert Buckland)]

Dealing with illicit finance through the prosecution of money laundering offences is a priority for the Crown Prosecution Service and the Serious Fraud Office. Prosecutors have not identified any specific concerns regarding the effectiveness of prosecutions under the Proceeds of Crime Act 2002. We continue to use the Act, as it has evolved, to good effect.

[Christian Matheson]

I have a constituent who has been convicted, I believe wrongly, for fraud. Despite the prosecution accepting that he made no financial gain whatever from the allegations, the SFO went after him and his wife, who is entirely unconnected. Does the Solicitor General think that is fair and what possible avenues for redress do I have for my constituents?

[The Solicitor General]

I am grateful to the hon. Gentleman for raising the case. It would be invidious of me to comment on a particular case. I will simply say that there are different mechanisms within the Act that allow the pursuance of criminal proceeds. It might well be that in that case another mechanism is being used, but I will be happy to look at it further and write to him.



Royal Assent

[Mr Speaker]

I have to notify the House, in accordance with the Royal Assent Act 1967, that Her Majesty has signified her Royal Assent to the following Acts:

Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018

Non-Domestic Rating (Nursery Grounds) Act 2018

Mental Health Units (Use of Force) Act 2018

Northern Ireland (Executive Formation and Exercise of Functions) Act 2018

Middle Level Act 2018.