Case Progress

Oral Answers to Questions — Solicitor-General – in the House of Commons at 10:30 am on 27 October 2005.

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Photo of Doug Naysmith Doug Naysmith Labour, Bristol North West 10:30, 27 October 2005

How prosecutors ensure that victims are kept informed about the progress of a case.

Photo of Mike O'Brien Mike O'Brien Solicitor General, Law Officers' Department

The prosecutor's pledge announced by the Attorney-General on 21 October reinforces the Government's commitment to victims. Under it, prosecutors commit themselves to improved contact with victims about the progress of a case. Also, the "No Witness, No Justice" programme, a joint initiative with the police, ensures that victims are kept informed about a case through local witness care units.

Photo of Doug Naysmith Doug Naysmith Labour, Bristol North West

I thank my hon. and learned Friend for that interesting reply. Does he believe that the prosecution can prevent publication and inappropriate reporting about victims in the media?

Photo of Mike O'Brien Mike O'Brien Solicitor General, Law Officers' Department

For vulnerable witnesses, it is possible for the prosecution to make an application under section 46 of the Youth Justice and Criminal Evidence Act 1999. Such witnesses may be eligible for reporting restrictions, but the court must be satisfied that the quality of their evidence or their level of co-operation are likely to be diminished by fear or distress at being identified by members of the public.

In addition, there are obvious obligations in respect of the application of the sub judice rules, which ensure that media reporting of particular cases is restricted. However, those rules apply only while a case is in progress.

Photo of Nigel Dodds Nigel Dodds Opposition Whip (Commons), Shadow Spokesperson (Work and Pensions), Shadow Spokesperson (Treasury)

Sometimes a difficulty arises with the manner in which victims are informed about the progress of a case. In one instance in my Constituency, the police caused great distress when they called at the home of a victim's family, who would have been happier if the information had been conveyed in a more sensitive way. Does the hon. and learned Gentleman agree that it might be worth looking at how such information is sometimes conveyed?

Photo of Mike O'Brien Mike O'Brien Solicitor General, Law Officers' Department

Certainly, how information is conveyed to people is important. For instance, a crime victim who is asked to give evidence in court can be distressed if the police visit is conducted insensitively. Obviously, police officers try to do their best, but they are human and therefore imperfect, and matters are not always handled properly. Increasingly, we are trying to get the CPS to take on much of that role, and we hope that it can be done in a way that enables the witness to have contact with witness care units, which provide not only that initial contact is made more sensitively but also that if a witness is nervous about having to give evidence, they have the opportunity to visit the court for a familiarisation tour. They can also be provided with help with child care, transport and other facilities to ensure that they are able to give their evidence, which is always a difficult thing to do, with the least possible trauma.

Photo of Brian Jenkins Brian Jenkins Labour, Tamworth

Will my hon. and learned Friend inform the House what special provision is given in the area where more victims withdraw before going to court than any other and where there is more intimidation and distress—domestic violence?

Photo of Mike O'Brien Mike O'Brien Solicitor General, Law Officers' Department

My hon. Friend is right; domestic violence accounts for 16 per cent. of violent crime and involves 13 million women victims and 3 million male victims each year. It is a serious matter. The CPS has launched a major drive against domestic violence and there is now a national network of co-ordinators who work with various agencies to support the victims of domestic violence. Specialist courts, piloted in Caerphilly and Croydon, have shown that pulling together the various agencies to provide support for victims can improve conviction rates, as victims do not so often withdraw their evidence. In one of those courts, for example, there has been a dramatic fall in the number of retractions of victims' statements, from 53 per cent. to 17 per cent., as a result of such support to victims of domestic violence. The Government aim to create 25 specialist domestic violence courts and we have invested £1 million to do so.

Photo of Dominic Grieve Dominic Grieve Shadow Attorney General

The Solicitor-General has confirmed that hitherto the main point of contact between a victim and authority on the progress of a case has been the police, and there are numerous examples of the breakdown of communication. He says that we shall move towards a new system in which the CPS will take the lead. Could he amplify that point? When will the crown prosecutor's office be the contact point for a victim rather than the police station, if that is the intention? How will that programme of change be rolled out?

Photo of Mike O'Brien Mike O'Brien Solicitor General, Law Officers' Department

From the point of charge up to appeal, the aim is to achieve better direct communication between the victim and the CPS. The police will still have much contact, especially with witnesses and victims, so both the police and the CPS will be engaged in the process. Previously, as the hon. Gentleman says, it was primarily the responsibility of the police to make and maintain those contacts and to issue warnings, but as a result of the prosecutor's pledge and the way in which the CPS has developed in recent years, the CPS is taking on much more of that role. As it is the focal point of the prosecution case during court proceedings it offers a far better contact, rather than the prosecutor having to ring the police station each time they know something and hoping that the police officer will be able to inform the victim. Direct communication, which is being rolled out across the country and to which the prosecutor's pledge will give real impetus, will lead to victims receiving a much better service in the criminal justice system.

Photo of Simon Hughes Simon Hughes Shadow Attorney General, Party Chair, Liberal Democrats

The Solicitor-General will know that many victims, like other witnesses, are told that, for their personal safety they need to move from their home or move their business during a case. Many people affected say that such protection is still unsatisfactory; they cannot happily live their lives somewhere else while the case is going on and certainly cannot carry on a business, so will he and his colleagues from other Departments look into the issue?

Photo of Mike O'Brien Mike O'Brien Solicitor General, Law Officers' Department

The hon. Gentleman speaks from personal knowledge, given the courage that he displayed in giving evidence in a particular case. He is right that some witnesses fear intimidation and, sadly, some have good cause to do so because of the nature of the criminals about whom they are giving evidence. The aim of the police and the Crown Prosecution Service is to provide the maximum reasonable safeguard and protection. It is always difficult to make the right judgment, particularly when dealing with criminals who are very effective at getting at witnesses. I will talk to the police and the Crown Prosecution Service about ways in which we can continue to strengthen the support that we provide for witnesses. The hon. Gentleman had the courage to give evidence, as do many other witnesses. However, some witnesses withdraw their evidence—we must change that and provide them with greater protection.

constituency

In a general election, each Constituency chooses an MP to represent them. MPs have a responsibility to represnt the views of the Constituency in the House of Commons. There are 650 Constituencies, and thus 650 MPs. A citizen of a Constituency is known as a Constituent

domestic violence

violence occurring within the family