Criminal Justice System (Vulnerable Women)

Oral Answers to Questions — Solicitor-General – in the House of Commons at 10:30 am on 26 February 2009.

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Photo of Kerry McCarthy Kerry McCarthy Labour, Bristol East 10:30, 26 February 2009

What steps she is taking with ministerial colleagues to assist vulnerable women in the criminal justice system.

Photo of Vera Baird Vera Baird Solicitor General, Attorney General's Office

In common with other witnesses who are vulnerable or, indeed, intimidated, women in that category are entitled to special measures to help them to give evidence, such as giving it from behind a screen or by video link. In rape and domestic violence cases, which have high women victimisation rates, they can now have the help of an independent domestic violence adviser or independent sexual violence adviser, who will befriend and help the victim through the proceedings.

Photo of Kerry McCarthy Kerry McCarthy Labour, Bristol East

I thank the Solicitor-General for that response. I am sure that she will be aware of the recent case where a judge called a halt to a case of robbery on the grounds that the victim was too convincing in her identification evidence. My concern is that, in cases, particularly rape cases, that hinge on the victim's words, that may discourage women from coming forward, because they are damned if they are not convincing enough and they are damned if they are too convincing. What reassurances can my hon. and learned Friend give me that women will not be discouraged by the precedent that has been set?

Photo of Vera Baird Vera Baird Solicitor General, Attorney General's Office

As my hon. Friend said, it was not a rape case at all; it was a case, I think, about dishonest offence and identification. I am not very close to the case, but it appears as though the identification involved only a fleeting glimpse, which is a very dangerous thing to allow to go before a jury. If a person believes that they have recognised someone, they are very convinced of it and they sound strong, but the experience of the courts is that a fleeting glimpse can often mislead. I think that the case was withdrawn from the jury in that context, but I could not agree more with my hon. Friend that the turn of phrase used by the judge was most unfortunate and should not be taken seriously by any woman who is thinking of coming to court. The stronger she is in her evidence, by and large, the better, and we want to fortify all witnesses and victims to be able to feel that they can come to court and make complaints when justice requires it.

Photo of Martin Linton Martin Linton Labour, Battersea

In view of recent cases referred to the Court of Appeal for leniency, will my hon. and learned Friend consider reviewing the sentencing guidelines for rape?

Photo of Vera Baird Vera Baird Solicitor General, Attorney General's Office

The sentencing guidelines are kept under review primarily by the Sentencing Advisory Panel, which has strong links with public consultation, and then by the Sentencing Guidelines Council; between their reviews, the Court of Appeal keeps its eyes on such sentences. There have been a number of referrals because of undue leniency. When it has seen fit, the Court of Appeal has put those cases right and thereby sent out strong messages to future sentencing judges, with which for the time being we are very content.

domestic violence

violence occurring within the family