Rape and Sexual Violence — House of Commons, 2022-03-08
Topic: Law and Crime
Robert James MacGillivray Neill (Conservative, Centre-right): This is an appropriate day on which to have this important debate because as we celebrate International Women’s Day we also need to recognise the particular challenges and threats that women and girls sadly face in our society. We all want the experience of victims of rape and serious sexual offences in the criminal justice system to improve. We also want to ensure that the guilty are convicted of these offences. That has to be done in a way, which, in our criminal system, safeguards the rights of an accused person, who is of course innocent until the offence is proved against them. That is always a difficult balancing act, and particularly difficult in sensitive cases such as these. I say that as someone who has probably prosecuted and defended more rape and serious sexual offences than most people currently in this House. This requires investment in resource, in training and in sensitivity The best way we can increase the level of rape convictions in this country is to improve the quality of the evidence gathering, so that when the files go to the Crown Prosecution Service to take a decision to charge, more cases meet the threshold. We cannot lower the threshold in any criminal case. The threshold for prosecution is the same for any criminal case, and so it must remain. In other words: is there sufficient legally admissible evidence for a reasonable prospect of conviction? The key problem is that not enough cases so far are reaching that threshold Interestingly, when cases of rape and serious sexual offences are charged and get to trial, the conviction rate when they go before a jury is broadly similar to that for other serious offences of violence. A positive thing about our jury system is that, whatever polling there is about the misconceptions about rape that allegedly exist in general society, once the jurors have been empanelled, sworn their oath, heard the evidence and listened to the directions of the judge, they take their responsibilities very seriously indeed and generally set those misconceptions aside. We must ensure that we keep the Judicial Studies Board’s model guidance to judges up to date, and that the judiciary take that seriously themselves The problem is getting these cases to the Crown court in the first place. It is appropriate that the chief inspector of the Crown Prosecution Service and the senior inspector of Her Majesty’s inspectorate of constabulary gave evidence to the Justice Committee today, as my hon. Friend the Member for Newbury (Laura Farris) said earlier. They gave compelling evidence about the challenges that we face. There is much being done. The end-to-end rape review is important, Operation Soteria is important and they said that there was a willingness for there to be greater collaboration across the system, but there are still issues I want to highlight one issue in particular, which is the question of delays. We have talked about the significant amount of delay, with an average of 706 days from the reporting of the offence to the start of the trial. It is interesting when we break that figure down, because the evidence we heard from the chief inspectors was that there is an average of 218 days from the start of investigation to sending the file to the Crown Prosecution Service for a charging decision. From receipt of the papers by the Crown Prosecution Service to a decision to charge: 21 days. From the decision to charge to the first appearance in court: 13 days. From the decision to charge to the first pre-trial and preparation hearing: 30 days. A plea is entered and directions are given, but it is another 320-odd days before the final disposal at trial That shows us where the problems are. On that evidence, it is not within the CPS. I pay tribute to the priority that the current Director of Public Prosecutions has given to rape and serious sexual offences, but the evidence is very clear that the biggest attrition rate, the biggest drop-out rate, among complainants comes in the period between reporting a case to the police and it going to the CPS for charge That means the police need to handle these cases much more sensitively. Good chief constables recognise that, and I also find it inexplicable why on earth any force would not have a RASSO unit. There are proper obligations to disclose unused material as part of the checks and balances in our system, but there is no reason why it should not be done speedily and sensitively. We need to make sure that happens, and we also need better training on proper evidence gathering, asking the right questions, probing intelligently to find supporting evidence and working with specialist Crown prosecutors to build a case That will get more cases over the charging line, and then we need to look at the delays in bringing cases to trial, which is where there is merit in exploring specialist courts and making sure we have enough ticketed judges and recorders to do it, as well as enough experienced advocates both prosecuting and defending—that is important to the experience of complainants, to just outcomes in such cases and to confidence in the system These are important matters that we need to address, and I hope the chief inspectors will come back to our Committee once the Government have responded to their joint thematic report, which raises important points and is obviously something this House will want to consider again in the future.