People with Disabilities (Victims of Rape) Oral Answers to Questions — Attorney-General House of Commons debates, 27 July 2010

Kerry McCarthy (Bristol East, Labour)

What assistance the Crown Prosecution Service gives to people with disabilities who are giving evidence as victims in rape cases.

Edward Garnier (Solicitor General; Harborough, Conservative)

Giving evidence as a victim in a rape case must be a traumatic experience, no matter whether the person has a disability or not. The Crown Prosecution Service endeavours to ensure that individually tailored support is given to all victims. Victims with disabilities are eligible for a range of special measures to enable them to give their best evidence. In appropriate cases, prosecutors offer to meet victims personally to discuss the need for special measures.

Kerry McCarthy (Bristol East, Labour)

I am afraid that the Minister’s answer reflects the fact that my question has appeared on the Order Paper in a substantially different form from how it went into the Table Office. What I am really concerned about is that people with disabilities, particularly learning disabilities, are disproportionately the victims of rape, yet the prosecution rate in such cases is very low. What more can be done to ensure that, despite any difficulties they might have in giving evidence, their cases are brought to court?

Edward Garnier (Solicitor General; Harborough, Conservative)

I will endeavour to assist the hon. Lady, irrespective of the way in which her question ended up on the Order Paper. First, I want to congratulate her on her appointment as the shadow Minister for those affected by disability issues. I am sure that she will be an active participant in these debates, and I hope that policy will develop as a consequence- [ Interruption. ] I was endeavouring to be genuinely helpful, Mr Speaker.

The main point that I want to get across to the hon. Lady is that any prosecution depends on evidence, and achieving best evidence from people with disabilities is vital. If she is right in saying that a disproportionate number of people with disabilities are raped and that their cases do not get to trial, we must do all that we can-and I do mean “we”-to ensure that their evidence is presented to court in a way that juries can consider and, if appropriate, bring in a true verdict of guilty.

Alan Beith (Berwick-upon-Tweed, Liberal Democrat)

Will the Attorney-General keep in mind the recommendation of the Justice Committee that the courts are quite capable of treating people with learning disabilities, and those with mental health problems, as credible witnesses? The Crown Prosecution Service should not be frightened to bring such witnesses before the courts.

Edward Garnier (Solicitor General; Harborough, Conservative)

I entirely agree with the right hon. Gentleman. As I hope I indicated in my first reply, the Crown Prosecution Service does its very best to ensure that all victims of rape are properly treated and that their evidence is put before the court so that the alleged defendants, or alleged criminals, can be brought to justice. I have absolutely no doubt that the CPS will do its very best. I should add that, having recently attended the Judicial Studies Board course on serious sex offences, I know that the judiciary are acutely aware of the need to deal with the sort of problems that the right hon. Gentleman mentioned.

Caroline Flint (Don Valley, Labour)

Given that one of the vulnerabilities that people with learning disabilities face is that if they are abused or raped in a residential setting, some of those carrying out these rapes will move to another care home and might get lost in the system, and given that the Government have announced that they no longer intend to proceed with putting the application for anonymity on to a legislative basis, but want to look at non-statutory options, may I urge the Solicitor-General and his right hon. and learned Friend the Attorney-General to ensure that there is wide consultation on any non-statutory option to extend anonymity?

Edward Garnier (Solicitor General; Harborough, Conservative)

The point is well made and noted.

Rehman Chishti (Gillingham and Rainham, Conservative)

Certain European jurisdictions have the use of specialist rape courts, which enable best evidence and have increased conviction rates, so would the Attorney-General consider that?

Edward Garnier (Solicitor General; Harborough, Conservative)

All judges who try serious sexual offences cases are specially trained, as are the prosecutors from the Crown Prosecution Service and the people who assist prior to trials, such as those who work in the sexual assault referral centres and the independent domestic and sexual violence advisers, who were mentioned in an earlier question. My hon. Friend makes a good point, which underlines our earlier discussions.

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Prisoner Release (Risk Assessment) Oral Answers to Questions — Justice House of Commons debates, 20 July 2010

Chi Onwurah (Newcastle upon Tyne Central, Labour)

What steps the Prison Service takes to communicate to police forces its assessment of the mental state of and threats posed to the public by prisoners immediately prior to release.

Nick Herbert (Minister of State, Justice; Arundel and South Downs, Conservative)

Police forces are notified of all prisoner releases. Procedures are in place in each prison under the national security policies to ensure that security information about offenders is analysed and shared with the police and other agencies if it is considered that it will help the police to protect the public from serious harm.

Chi Onwurah (Newcastle upon Tyne Central, Labour)

I referred to the mental health care and status of prisoners. The recent tragic events in Newcastle, on Tyneside and in Rothbury have highlighted how important the provision of good mental health care in prisons is. Will responsibility for that provision be given to local GPs in the reorganisation of the national health service, or will it be under the control of the prison?

Nick Herbert (Minister of State, Justice; Arundel and South Downs, Conservative)

First, I agree with the hon. Lady that it is important that we ensure adequate mental health care for prisoners, a very large number of whom suffer from mental health conditions. She will appreciate that I cannot comment specifically on the case to which she referred, which is the subject of an Independent Police Complaints Commission investigation and a police investigation. We are now considering carefully how the Government’s health reforms should fit in with how we want to provide health services in prisons.

Alan Beith (Berwick-upon-Tweed, Liberal Democrat)

I thank the Minister for being careful not to speculate about matters that are the subject of inquiries and possible criminal proceedings. Is he aware that the people of Rothbury were extremely supportive of the police in the difficult task that they carried out, and that the police were very appreciative of that support at a time when the whole community felt seriously threatened?

Nick Herbert (Minister of State, Justice; Arundel and South Downs, Conservative)

I am sure that my right hon. Friend’s comments will have been noted. As he knows, the Under-Secretary of State for the Home Department, my hon. Friend James Brokenshire, visited Rothbury yesterday and met local police and residents to discuss those issues. However, my right hon. Friend will understand that the Government cannot comment further, given that two people have been charged with conspiracy to murder and that there is an IPCC investigation.

Maria Eagle (Garston and Halewood, Labour)

Does the right hon. Gentleman recognise the importance of multi-agency risk assessment conferences in communicating between prisons, the police and others on any ongoing threats posed by specific perpetrators of domestic violence, and therefore in stopping that ongoing violent criminality in particular cases? Given that domestic violence accounts for 14% of all violent incidents, that almost 80% of victims are women, and that increasing focus on taking that crime seriously led to a 64% fall in its prevalence between 1995 and 2008, will he guarantee that MARACs will continue and even that they will be placed on to a statutory footing?

Nick Herbert (Minister of State, Justice; Arundel and South Downs, Conservative)

I am afraid that I cannot offer guarantees to the hon. Lady, but we can say in relation to that specific case that it is very important that all the lessons are learned about appropriate information sharing. The Government understand the significance of the domestic violence issues that she raises.

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