Oral Answers to Questions
Debate between Robert Buckland and Melanie Onn(4 years, 6 months ago)
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Melanie Onn (Great Grimsby) (Lab)
In June, a 15-year-old and an older accomplice broke into my house to steal my car. Thankfully, Humberside police force was excellent. It found those two and made sure they were imprisoned and put on remand. However, that 15-year-old was released on tag but apparently has removed the tag and stolen two further vehicles, which have been crashed into community buildings and people’s homes. Can the Minister please explain to my community how the current system is working to protect them?
Robert Buckland
I listened to hon. Lady’s case with care and concern. I think it merits a further conversation, and I will have that with her.
Domestic Abuse Bill
Debate between Robert Buckland and Melanie Onn(4 years, 6 months ago)
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Robert Buckland
May I make some progress? With the greatest respect to my colleagues, I shall finish the point about what the new DAPO will mean. It will be issued by the police. It may, for example, require the perpetrator to leave the home of the victim for up to 48 hours, and the issue of that notice will then trigger a police application to a magistrates court for a longer-term DAPO to protect the victim.
Of course, it will not always be the case that a single incident necessitates the issuing of a notice. That being the case, the Bill also allows for a victim, the police or any other person, with the permission of the court, to apply for one of these orders, and it would also be open to a judge or magistrate to decide for themselves to make a DAPO as a corollary to existing proceedings in the criminal, civil or family court. So, this is a fully flexible instrument. It can be tailored by the court to meet the needs of the individual victim, and it would be for the courts then to determine its length, or indeed to decide that it should be open-ended until such time as a further order was made. Really importantly, the court will be able to attach not just restrictions but positive requirements. For example, an order could prohibit the perpetrator from contacting the victim, require that perpetrator to attend a behavioural change programme and compel them to wear an electronic tag to monitor compliance with an exclusion zone around the victim’s home. Crucially, breach of that order will be a criminal offence, with a maximum penalty of five years in prison.
Melanie Onn (Great Grimsby) (Lab)
I take the opportunity to welcome the tone that is being struck this afternoon. That is incredibly important.
On the point that the right hon. and learned Gentleman is making about DAPOs, we already have a system whereby if a person is convicted of a domestic abuse crime, there is a possibility that there will be a light sentence; they could end up with a suspended sentence. That is what happened in the case of a constituent of mine—the perpetrator got a suspended sentence. Processes were put in place to ensure that the perpetrator did not repeatedly harass or contact the victim, but nevertheless that continued, and there was no action, despite those breaches of conditions, to re-arrest the perpetrator. So what confidence can victims have that the new process will be any better than the present one?
Robert Buckland
The hon. Lady has given a powerful illustration of the importance of this order, because it can be run alongside a criminal conviction. So even if there is a suspended sentence, as in the case that she cited, an order can be passed—a DAPO—that will have its own criminal consequences. It gives that extra strength, that extra purchase, not just to the authorities but to the victim, to know that there is a mechanism by which the perpetrator can be held to account if they breach the terms. With respect, I think this is an important additional element, but I bear what the hon. Lady says very much in mind.
I want to ensure that we get these new orders right, so we need to make the whole process as simple as possible for victims, and also for the police and others when navigating it. I want these new orders to be effective in changing abusive behaviour and protecting victims. We shall pilot these provisions, therefore, in a small number of areas before rolling them out nationally, so that issues of the sort that the hon. Lady and others have raised can be ironed out and dealt with, to make the provisions as effective as possible. The worst thing to do in these circumstances—we have all been here before as legislators—is to talk nobly and grandly about our intentions, pass the legislation and then find that nothing has changed. When we do so, all we have done is to raise victims’ expectations, only to cruelly let them down. We are all responsible for that, so let us get this right.
If we are to strengthen the protection afforded to victims, we need to employ more measures to keep them safe. So, in addition to the DAPOs, the Bill seeks to build on two other preventive tools: the domestic violence disclosure scheme, which we all know as Clare’s law; and the polygraph testing of high-harm perpetrators.
Clare’s law has been in operation for over five years and I can see many Members—myself included—who campaigned very hard as Back Benchers to get that moving and to make a difference. It has been a success. Just to remind the House, the scheme has two elements: the right to ask and the right to know.
The right to ask allows an individual—or a relevant third party, such as a family member—to ask the police to check whether a partner, or ex-partner, has had a violent or abusive past. If police records show that an individual might be at risk of domestic abuse from their partner or ex-partner, the police can consider the disclosure of relevant information.
Under the right to know, the police may proactively decide to disclose information to keep a potential victim safe. In the year to March 2018, there were over 5,500 disclosures under that scheme—a welcome and encouraging statistic. However, I am clear, and the police accept this, that Clare’s law does not always operate as well as it should, which is why the Bill puts the guidance underpinning the scheme on a statutory footing, and places a duty on police forces to have regard to that guidance. We believe that will help to raise awareness of the scheme, increase the number of disclosures and ensure greater consistency across England and Wales.
I acknowledge that, in contrast to the rest of the Bill, there has been a degree of scepticism about polygraph testing, including from the Joint Committee, but I can assure the House that it is not a panacea—it is not a gimmick; it is a genuine attempt better to protect victims. I will tell the House why. It has been used successfully in the management of sexual offenders for the past six years. In that context, it has been shown conclusively that polygraph examinations provide useful information—useful intelligence—including what is disclosed by the offender, to help those responsible for supervision better to manage the risk of reoffending.
Given that evidence, I suggest that we at least test whether there are similar benefits to be secured in the management of high-risk domestic abuse offenders. To that end, the Bill allows the National Probation Service to conduct a three-year pilot among that cohort and, if successful, to roll the scheme out.
Oral Answers to Questions
Debate between Robert Buckland and Melanie Onn(5 years, 7 months ago)
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The Solicitor General
We can see an increase in public interest—we have reached a figure of nearly 1,000 inquiries from members of the public and agencies this year. We are using social media and the mainstream media to publicise the scheme, talking about individual cases of note and making sure that as many people as possible, including victims and their families, know about their rights.
Melanie Onn (Great Grimsby) (Lab)
In July, a 13-year-old took to the rooftops in Grimsby and caused over £2,000 of damage—tearing down tiles, throwing them at police cars and hitting a police officer. Frankly, he has been causing misery for his neighbours and the whole town for months. He has just been given a year’s supervision, a curfew and a fine of just £20. What confidence can the Solicitor General give to people in Grimsby that this sentence will be effective in deterring other young people from behaving in such a lawless fashion?
The Solicitor General
The hon. Lady rightly raises a case of great concern to her constituents, and we as constituency MPs will have similar experiences. I cannot comment on the individual case, but it sounds to me as though it probably would not be within the scheme.
The Solicitor General
Indeed, the question the hon. Lady asks is about confidence, and we are playing our part as Law Officers to ensure that it increases. The fact that she has raised the case today will again help those responsible to understand the need for consistency when it comes to dealing with serious offences.
Oral Answers to Questions
Debate between Robert Buckland and Melanie Onn(6 years, 10 months ago)
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Melanie Onn (Great Grimsby) (Lab)
9. What assessment he has made of the effect of the aggravated offences regime on the level of successful prosecutions for hate crime.
The Solicitor General (Robert Buckland)
The Crown Prosecution Service has taken a number of steps to improve its prosecution of all strands of this type of crime, including the aggravated offences, and that includes the delivery of vital face-to-face training. Its hard work in this area has resulted in significant increases in the use of sentencing uplifts in all strands of hate crime.
The Solicitor General
The hon. Gentleman is right to press the Government on those issues. My concerns are twofold: first, we need to get the existing law properly used and enforced by way of training and the actual use of it by the police and the Crown Prosecution Service; and, secondly, we need to get the response to the Law Commission recommendations right. I want to ensure that this House passes laws that are properly enforced. Too often in the past, we have been too quick to pass laws that have then failed the expectations of those who deserve protection. He is right that we will be looking at that as soon as possible.
Melanie Onn
Reports of hate crime rose by 57% following Brexit. CPS staffing budgets have more than halved since 2010. Is the Attorney General therefore confident that the CPS is adequately resourced to deal effectively with these reports and ensure that victims of hate crime do indeed get justice?
The Solicitor General
I can reassure the hon. Lady that the trends in relation to the prosecution of hate crime continue to increase, particularly with regard to racially and religiously aggravated hate crimes. The increase in the past year was 1.9%, which means that more than 13,000 cases are now being prosecuted. That is reflected across the piece when it comes to homophobic crime and disability hate crime. There is no bar at all to the CPS’s pursuing these cases and marking society’s condemnation of this sort of criminal activity.