PARLIAMENTARY DEBATE
Prosecution of Sexual Offences - 27 October 2016 (Commons/Commons Chamber)

I regularly meet the Director of Public Prosecutions to discuss this and other topics. The Crown Prosecution Service continues to prioritise rape and serious sexual offending and has taken steps to ensure that prosecutors are able to prosecute these cases effectively. Those steps include increasing the number of specialist staff in its rape and serious sexual offences units, providing specialist training for prosecutors and developing closer working arrangements with the police.

A constituent of mine is a victim of rape. A complete lack of communication and action from the police has left her unable to move on and recover from the horrific ordeal. After a year and a half, the case—which the superintendent deemed “a professional embarrassment”—has finally been brought to the CPS. However, this might not be the end of my constituent’s torment. Does the Attorney General agree that communication with victims is vital in effectively prosecuting offenders and that the Director of Public Prosecutions should ensure that every victim is kept updated, that their views are taken into account on key decisions and that a high level of communication is upheld?

Yes I do agree, and what the hon. Lady describes clearly does not sound acceptable or in line with the standards we would all expect. There are two things that I think are important. The first is that the prosecutors should be involved as early as possible, so that advice can be given to the police about the development of an investigation with a view to prosecution. The second is to ensure that when a case comes to court, we continue the communication that we should have had up to that point with victims and witnesses and that people are given to understand what is going on around them. Courts can be very confusing places, and we only add to the distress if we do not take the trouble to explain the process to those who are, through no fault of their own, suddenly involved in it. That is one of the things we will look to do better.

I welcome the increased number of prosecutions for rape, but will the Attorney General outline what more can be done to improve the consistency across different areas and also the prosecution rate?

My hon. Friend is right that although we should welcome the increased volume of prosecutions that are taking place, there is still a divergence in the way in which this is done across the country. For that reason, the CPS has set up a national delivery board and is looking at ways in which we can understand why those differences exist and is attempting to resolve them. As my hon. Friend says, this is also a matter of making sure that prosecutors are properly trained, as they are, and have the resources they need to do the job well.

As this is my first question in this role, I refer to my entry in the Register of Members’ Financial Interests and the fact that I am a non-practising door tenant at Civitas Law in Cardiff.

The Attorney General will be aware of the grave recent concern about the admissibility of a complainant’s previous sexual history in rape trials. Does he agree that single, high-profile cases can give rise to wider perceptions about the law, partly because of the level of coverage they receive, and will he undertake to tackle those wider perceptions?

I welcome the hon. Gentleman to his new responsibilities. It is good to see him across the Dispatch Box. He will be pleased to learn that this is probably the only part of Parliament where he does not have to apologise for being a lawyer.

There is concern about the subject that the hon. Gentleman has raised, and we need to accept that that concern is sensible and deal with it. We need to look at a number of things. We need to understand more about the decision in this particular case. We need to understand whether a change in the law is appropriate and, if not, whether it is sensible to look at the guidance that is given to judges about when such evidence is admissible and at the guidance that judges give to juries about how that evidence should be used. We need to do all those things before we are in a position to understand what, if any, changes are needed.

I am grateful to the Attorney General for his welcome and I look forward to debating with him and, indeed, my fellow Welsh lawyer, the Solicitor General, across the Dispatch Box.

Prosecution lawyers will, of course, deal with these applications for the admissibility of a complainant’s sexual history before the courts. I am glad to hear that the Attorney General has committed to looking at the guidance given to judges and at what judges say to juries. In addition, will he look at the guidance given by the Crown Prosecution Service to the lawyers who appear before the courts and regularly deal with these applications?

Yes, I will. He will know that in the case he raises the Crown Prosecution did indeed oppose the admission of this evidence at the Court of Appeal stage. It is certainly worth looking at all the guidance and indeed at the whole picture. This provision is, as far as I am aware, not routinely used, but we must be confident that the message sent to those who are willing but currently worried about reporting these sorts of offences is not that they are not encouraged to do so—quite the reverse; they are. We need to ensure that those messages are clear.