§ 31. Mr. LockWhat discussions he has had with the legal profession concerning cross-examination of complainants by unrepresented defendants in rape cases; and if he will make a statement. [17697]
§ The Attorney-GeneralThis is an important issue, which is being carefully considered by the working group on vulnerable witnesses, on which my Department is represented. The group is consulting very widely with the legal profession. I personally have had discussions with counsel in the case that has recently caused such concern. One of the counsel is a chair-designate of the Bar.
§ Mr. LockI am grateful to my right hon. and learned Friend for that answer and the care that is clearly being invested in the matter. It is very important that victims in rape cases should not have to undergo torture in court a second time unless it is absolutely necessary. Does he accept that a further problem is that counsel who prosecute cases for the Crown undertake a valuable job and are, to use an analogy from the other place, very much the thin cats of the Bar? Is there any evidence that cases—especially rape cases—are being lost because fees are too low to ensure adequate representation?
§ The Attorney-GeneralI assure my hon. Friend that the prosecutors are certainly not fat cats. They are very hard working and are chosen exceedingly carefully to ensure that the best counsel is available; they are sympathetic, understanding and have experience of handling exceedingly difficult cases, especially when the issue of consent is raised. That is certainly my professional experience.
There is no evidence whatever that cases are lost due to lack of remuneration. In fact, generally across the board, the conviction rate in contested cases is about 60 per cent—five percentage points higher than in 1991–92. A recent survey of rape cases shows that the conviction rate in jury trials is 48 per cent., even though such cases are evidentially much more difficult to prove. That is certainly my professional experience.
§ Mr. RoweGiven the very unhappy increase in the number of juveniles appearing in rape cases, does the Attorney-General agree that protection of juveniles in court cases is essential? Will he give an assurance that the Piggott report will be implemented in full? What other steps is he taking to ensure that juveniles especially are not subjected to such horrendous experience?
§ The Attorney-GeneralI fully understand the hon. Gentleman's concern. I was engaged only a year past July in a case involving a number of juveniles in his part of the world. There is a working group which deals with vulnerable or intimidated witnesses. It has consulted far and wide and asked for comments. It is examining and calling evidence from the Law Society, the Criminal Bar Association of England and Wales, the Council of Circuit Judges, the Association of Provincial Stipendiary Magistrates and the Magistrates Association, among others. I very much hope that the report will be available before too long.
A great deal can be done in the meantime. As regards children, applications can be made for evidence to be seen on video. As regards other vulnerable witnesses, applications can be made, in accordance with the guidelines of the Court of Appeal, for a screen to be erected to protect the victim witness from the defendant. That is frequently done and works exceedingly well. I am sure that the Lord Chancellor will listen very carefully to the working group if there are improvements to be made.