Sentencing White Paper

Debate between Robert Buckland and Philip Hollobone

Wednesday 16th September 2020 Commons Chamber

[Robert Buckland]

We are of course talking about criminal justice, and I can assure the hon. Lady that she will be impressed by the progress we will make as a result of the work I have been doing on criminal legal aid—the £51 million increase that I have ordered for the remuneration of advocates—and further to review the whole system of criminal legal aid. On the general point about access to justice, the people of Liverpool will, I know, warmly welcome the measures we take to remove serious offenders from the streets of that city and other great cities of the north-west; those measures will really protect the public in a way her constituents will applaud.

[Mr Philip Hollobone (Kettering) (Con)]

The Government already accept the principle of sentence escalation. For example, under the coronavirus legislation, those in receipt of covid-related penalty notices face a doubling of the fine on each repeat offence. Will the Secretary of State extend sentence escalation to other crimes, especially serious and violent crimes, so that repeat offenders face a stiffer sentence each time they commit the same offence?

[Robert Buckland]

My hon. Friend is absolutely right to make the point that as a point of principle those people who have been grimly accustomed to and far too familiar with the criminal justice system in the accumulation of sentences merit stiffer terms of imprisonment or stiffer forms of sentence. The courts should and must take that into account when assessing the overall sentence to be passed. With regard to prolific offenders, the tightening up of the minimum term provisions that we are announcing today goes quite a significant way towards the desired outcomes that he and millions of other people seek.

Vanessa George: Early Release from Prison

Debate between Robert Buckland and Philip Hollobone

Tuesday 23rd July 2019 Westminster Hall

[Luke Pollard]

rose—

[Mr Philip Hollobone (in the Chair)]

Order. Is the Minister giving way?

[Robert Buckland]

I have finished.

Question put and agreed to.

Oral Answers to Questions

Debate between Robert Buckland and Philip Hollobone

Tuesday 9th July 2019 Commons Chamber

[Mr Philip Hollobone (Kettering) (Con)]

IPP prisoners are those imprisoned indefinitely for public protection who have been found guilty of serious violent and sexual offences. In 2011, 300 were released. In 2017, 616 were released. How can the public feel safe when more than 10 of these people a week are being released on to our streets?

[Robert Buckland]

My hon. Friend asks an important question about sentences of indeterminate length for public protection. I assure him that the Parole Board applies the most rigorous of tests before release. Indeed, the number of recalls to prison pursuant to that regime is about 1,000 prisoners. We still have 2,500 within the estate subject to that regime. There are counterweights that suggest to me that some prisoners have been there for too long, but I hear what he says.

Oral Answers to Questions

Debate between Robert Buckland and Philip Hollobone

Tuesday 4th June 2019 Commons Chamber

[Robert Buckland]

My hon. Friend is quite right to chart the issues at HMP Lewes. I am glad to say that the prison is now fully staffed and performance has begun to improve in the second half of last year, but I accept that things have not recovered to the position that Lewes had been in when the inspectorate made a previous visit. However, the number of assaults has fallen to a level similar to that of three years ago, and work continues to be done. From the centre, both I and Her Majesty’s Prison and Probation Service will continue to support the new governor in her work.

[Mr Philip Hollobone (Kettering) (Con)]

Is the new prisons Minister prepared to repeat the pledge of his predecessor that he will resign if there is not a significant reduction in violence in prisons within 12 months?

[Robert Buckland]

As I have said already in this House in an Opposition day debate, I am going to do it my way.

Oral Answers to Questions

Debate between Robert Buckland and Philip Hollobone

Thursday 7th March 2019 Commons Chamber

[The Solicitor General]

My hon. Friend is right to highlight the work of my public legal education committee, which released its vision statement in October 2018. Among the goals that we have set, we are looking at scaling up the delivery of PLE via the legal profession, using on and offline methods, and we are looking to embed it in public services as an aspect of early intervention in health advice and community settings.

[Mr Philip Hollobone (Kettering) (Con)]

9. What information his Department holds on the most recent prosecution for treason.

[The Solicitor General (Robert Buckland)]

The most recent prosecution for what is sometimes known as high treason was that of William Joyce, also known as Lord Haw-Haw, in 1946. Treason remains an offence that can be prosecuted. However, its provisions are somewhat archaic. Modern criminal and terrorism offences are more likely to be applicable and provide sufficient sentencing power, and usually offer a better chance of a successful conviction.

[Mr Hollobone]

Will the Solicitor General strongly encourage the Law Commission to revise its 2008 guidance that the Treason Act 1351 has ceased to be of contemporary relevance, so that the law may be applied to British nationals who betray our country by going abroad to join a jihad against Her Majesty’s armed forces?

[The Solicitor General]

My hon. Friend is right to remind us that the 1351 Act is very much on the statute book. The question of who the sovereign’s enemies are is perhaps easily answered when we have clearly defined state actors who are clearly acting against the interests of our country. It is somewhat more difficult when it comes to returning foreign fighters, but I assure him that when people come back to this country who have committed atrocities abroad and where there is evidence, we will prosecute them.

Northern Ireland Backstop

Debate between Robert Buckland and Philip Hollobone

Tuesday 19th February 2019 Commons Chamber

[The Solicitor General]

I am grateful to the hon. Gentleman. The Spelman-Dromey amendment actually committed us to a course of action whereby this House would not leave without a withdrawal agreement and future relationship. Those are not quite the same things as the assertions that he makes. He knows that I am as anxious as he is to achieve a deal. He represents a constituency that I know well, which has, shall we say, more than its fair share of challenges. I want to help him and his constituents. The way to do that is to end the uncertainty and support the deal.

[Mr Philip Hollobone (Kettering) (Con)]

Is it the policy of Her Majesty’s Government to replace the backstop with alternative arrangements?

[The Solicitor General]

My hon. Friend knows the Government’s position. The Prime Minister set out a number of ways in which there could be a revision to the withdrawal agreement. Those matters are being actively pursued, and we will come back as soon as possible, and hopefully satisfy my hon. Friend that he will be able to do the right thing and support a withdrawal agreement that will facilitate the Brexit for which he has campaigned for so long.

Oral Answers to Questions

Debate between Robert Buckland and Philip Hollobone

Thursday 13th December 2018 Commons Chamber

[Mr Philip Hollobone (Kettering) (Con)]

7. What comparative assessment he has made of the effectiveness of the CPS’s recent prosecution performance in (a) Northamptonshire and (b) England.

[The Solicitor General (Robert Buckland)]

CPS performance in Northamptonshire is above the national rate in several areas. The latest figures for the first quarter of 2018-19 show that the conviction rate for Northamptonshire magistrates courts was 85.7%, which is above the national rate of 84.8%. Figures also show lower hearing numbers per guilty plea case than the national rate, which reflects the fact that the CPS is putting cases together efficiently.

[Mr Hollobone]

I thank the Crown Prosecution Service for its work in Northamptonshire. Which aspects of its work does the Solicitor General think are in most need of improvement?

[The Solicitor General]

The CPS in Northamptonshire and the east midlands, like in all other regions, acknowledges that it should never rest on any laurels it might gather. I urge my hon. Friend to meet the chief Crown prosecutors and staff to focus on particular areas where he thinks the CPS in Northamptonshire and the east midlands needs to make progress. Recent quarterly and monthly figures show that in many areas, such as burglary, it has been above average, but I am sure it would welcome his constructive input.

Withdrawal Agreement: Legal Advice

Debate between Robert Buckland and Philip Hollobone

Thursday 29th November 2018 Commons Chamber

[The Solicitor General]

My hon. Friend will know the answer that I must give, which is that the convention applies. I can neither confirm nor deny the position with regard to the Attorney General as to the issue that he raises.

[Mr Philip Hollobone (Kettering) (Con)]

I hope that the Solicitor General is correct in his interpretation of the Humble Address motion and the Government’s response to it, but if he is wrong, the House might well bring proceedings of contempt against the Government, which is the most serious charge that the House can bring. When was the last time that a Government were held to be in contempt of the House of Commons?

[The Solicitor General]

I am not going to start speculating in reply to my hon. Friend’s question. It would not be right of me; this is a matter for Parliament. I would like to think that people understand that my respect and support for this place know no equal.

Oral Answers to Questions

Debate between Robert Buckland and Philip Hollobone

Thursday 21st June 2018 Commons Chamber

[The Solicitor General]

The hon. Gentleman is right to talk about the aftermath of a prosecution, and work is ongoing between the CPS and the police not just to signpost, but to provide active support for victims after their horrific experiences.

[Mr Philip Hollobone (Kettering) (Con)]

Two prosecutions does not sound like much. What is the Solicitor General’s estimate of the number of forced marriages in the UK each year?

[The Solicitor General]

With respect, it is difficult for me to estimate. Being realistic, prosecutions are not reflecting the number of forced marriages that exist, but we saw an increase in convictions between 2011-12 and last year from 23 to 32. We also now have over 1,500 forced marriage protection orders, which are designed to prevent the crime from taking place at all.

Oral Answers to Questions

Debate between Robert Buckland and Philip Hollobone

Thursday 22nd March 2018 Commons Chamber

[Mr Philip Hollobone (Kettering) (Con)]

1. What assessment he has made of the effectiveness of the performance of the Crown Prosecution Service in Northamptonshire.

[The Solicitor General (Robert Buckland)]

The CPS in Northamptonshire excels in a number of key areas. For example, its rape conviction rate is nearly 10% above the national average. I also highlight the case of Nicholas and Joan Taylor, who were convicted of 84 offences related to child abuse committed against 11 victims over a decade. That was the subject of one of the largest investigations conducted by Northamptonshire police, resulting in life sentences with minimum terms of 18 years.

[Mr Hollobone]

Which aspects of its performance does the CPS in Northamptonshire need to improve?

[The Solicitor General]

Like any other area, CPS East Midlands is aware of the need to improve its victim communications and liaison, and its engagement with the community, to ensure that the quality of its casework improves. I do, however, commend the service for its work on hate crime, with a conviction rate of over 90%.

Oral Answers to Questions

Debate between Robert Buckland and Philip Hollobone

Thursday 21st December 2017 Commons Chamber

[The Solicitor General]

I can confirm that that data will be collected. This issue came to my attention when both the Attorney General and I wanted a widespread number of cases to be examined. It will be done in a more thorough way so that we have up to date and accurate data on this important issue.

[Mr Philip Hollobone (Kettering) (Con)]

4. How many British jihadists (a) have been prosecuted and (b) are being considered for prosecution since returning from Syria or Iraq.

Oral Answers to Questions

Debate between Robert Buckland and Philip Hollobone

Thursday 16th November 2017 Commons Chamber

[Mr Philip Hollobone (Kettering) (Con)]

Which CPS area is best at prosecuting online abuse cases, and how might its best practice be rolled out to other areas?

[The Solicitor General]

I do not have area-by-area figures, but I will endeavour to supply them to my hon. Friend. On hate crime, sentencing uplifts have increased, and they continue to do so, to 52.2% of cases last year—a rise from 33.8% in the previous year.

Oral Answers to Questions

Debate between Robert Buckland and Philip Hollobone

Thursday 16th March 2017 Commons Chamber

[The Solicitor General]

I am happy to indicate to the hon. Gentleman that I have regular conversations with ministerial colleagues about all these issues. I praise David Green for the work he has done in leading the SFO. I will continue to make the case for the Roskill model.

[Mr Philip Hollobone (Kettering) (Con)]

I suspect that those who have the necessary financial expertise to investigate, uncover, prosecute and prove complex financial fraud will probably get paid a lot more in the private sector working for business or the City. What can the Solicitor General do to ensure that the right people with the right skills are retained by the CPS and the SFO?

[The Solicitor General]

My hon. Friend knows that the SFO operates a model of funding that means it can be quite flexible as regards particular investigations. The important point is that we get the right people with the right specific expertise in particular types of serious fraud. Flexibility is the most important principle.

Oral Answers to Questions

Debate between Robert Buckland and Philip Hollobone

Thursday 8th December 2016 Commons Chamber

[The Solicitor General]

The hon. Lady is right to point out that important review, which I am glad to say is forming a key part of the Prime Minister’s taskforce. At all levels, proper emphasis is being placed on the serious nature of this type of offending. Let us not forget that other types of offence that encompass such behaviour need to be dealt with as well, so the complex case unit has a key and increasingly important role in the prosecution of such crime.

[Mr Philip Hollobone (Kettering) (Con)]

The Solicitor General is responsible for the prosecution of traffickers, not for the detection of them or for their sentencing. What are the main barriers to his securing successful prosecutions?

[The Solicitor General]

My hon. Friend is right to say that these are challenging offences. The problem is that very often the victims of this type of crime take a while to realise that they are in that position. When they come forward, they want a consistent approach from the authorities that gives them support when they come to give evidence. That is the emphasis of the CPS and other agencies, and with that increasing support we are seeing those barriers increasingly being removed.

Oral Answers to Questions

Debate between Robert Buckland and Philip Hollobone

Thursday 2nd July 2015 Commons Chamber

[The Solicitor General]

The hon. Gentleman is right to refer to previous failures, but things have moved on considerably in the right direction since the appointment of the current director in 2012. It is important that we give our full-throated support to the work of the SFO because, as the hon. Gentleman says, if there are doubts about the integrity and efficacy of that important arm of the prosecutorial authorities, we are in serious trouble indeed. I hope he will recognise that progress is being made.

[Mr Philip Hollobone (Kettering) (Con)]

Progress might be being made, but why is the SFO not performing better than it is, and what international comparisons have been made to identify better examples that it could follow?

[The Solicitor General]

I do not have chapter and verse on international comparators today for my hon. Friend, but I am more than happy to have that discussion with him. The Roskill model, which allows prosecutors and investigators to work hand in hand, is essential when it comes to this type of offending. It works and it must continue to be supported. Whatever the framework within it, that model of investigation is very important.

Oral Answers to Questions

Debate between Robert Buckland and Philip Hollobone

Tuesday 18th November 2014 Commons Chamber

[The Solicitor-General]

Coming back to the question from the hon. Member for Bolton West (Julie Hilling), she is right to make that point. It is encouraging to note that prosecutions have increased from 150 or so five years ago to between 400 and 500 now, but the action plan contains provisions to offer further training to prosecutors and the police so that they can be fully aware and put themselves into the shoes of people with learning difficulties. There was also a high-level management conference last week at which a service user with disabilities came to speak to prosecutors and to lay it on the line about their experience.

[Mr Philip Hollobone (Kettering) (Con)]

The proportion of cases being successfully prosecuted is impressive and increasing, but the overall number of convictions is still very small. I reckon that it is nine a week, out of a population of 63 million. Which parts of the country are doing this best, and how can the other parts of the country learn from them?

[The Solicitor-General]

I do not have the specific figures, but I know from a recent report from Her Majesty’s Crown Prosecution Service inspectorate that there have been examples of best practice in the north-west and the north-east. Those examples could be followed by other CPS areas to help to increase the number of prosecutions.