HC Deb 05 December 2001 vol 376 cc409-11W
Andrew George

To ask the Parliamentary Secretary, Lord Chancellor's Department (1) what means of communication there are between a(a) victim and (b) victim's family and the prosecuting counsel during court sittings; and if measures are under review; [20327]

(2) what plans he has to ensure that (a) victims and (b) victims' families have the opportunity to draw the attention of the prosecutor to material matters with which they disagree. [20328]

The Solicitor-General

Communications between the prosecuting advocate and witnesses prior to a trial are governed by the Bar's Written Standards for the Conduct of Professional Work. The standards provide that a barrister may have contact with a witness with a view to introducing himself or herself, explaining the court's procedure and answering any questions about it which the witness may have. They also place upon the barrister a responsibility to ensure that witnesses are put as much at ease as possible. Victims, or the members of a victim's family, should be treated in the same way. Crown Prosecutors who are solicitors should also adhere to the same standards.

In the Crown court the prosecuting barrister will be supported by a CPS caseworker. If the victim or members of the victim's family wish to contact the prosecution barrister during the hearing itself, the first point of contact will be the caseworker. In many cases, the caseworker will be able to deal with the query without reference to the prosecuting barrister. In some cases the caseworker will need to refer the victim's comments to the prosecuting barrister. If the caseworker is engaged on another case in a different court, the usual means of communication between the victim or the victim's family and the prosecuting barrister will be via the usher or a police officer.

In the magistrates court the prosecutor will not have the support of a caseworker and is, as a result, reliant in practice on the usher or a police officer to communicate to him or her any comments that the victim or the victim's family may have during the hearing.

The Crown Prosecution Service believes that more could be done to encourage victims or the families of victims to make the prosecutor aware of things said in court that are material and are factually incorrect.

The CPS is therefore currently considering in consultation with Victim Support how victims could be better informed as to when it is appropriate to communicate with the prosecutor and the means by which it can be done.

Andrew George

To ask the Parliamentary Secretary, Lord Chancellor's Department (1) what assessment he has made of the effectiveness of the Bar Code of Conduct in respect of guidance that defence counsel should advise the prosecution with sufficient advance notice of the proposed use of any derogatory remarks to be made against an alleged victim; [20330]

(2) what (a) representations he has made to and (b) discussions he has had with the Bar regarding its Code of Conduct (i) in respect of the notice given by the defence to the prosecution of any derogatory remarks proposed to be made by them about the alleged victim of a crime and (ii) in respect of other matters where the reputation, honour or naming of a victim is liable to be drawn into controversy or in any other way besmirched. [20329]

The Solicitor-General

The guidance to defence counsel is set out in the Standards Applicable to Criminal Cases, which are annexed to the Code of Conduct for the Bar of England and Wales. The relevant paragraph (Annex F12.2(k)) is worded as followsA barrister acting for the defence … should as to anything which he is instructed to submit in mitigation which casts aspersions on the conduct or character of a victim or witness in the case, notify the prosecution in advance so as to give prosecuting counsel sufficient opportunity to consider his position…".

All practising members of the Bar are expected to be familiar with the Code of Conduct and to apply its principles and standards. The Code is issued subject to the approval of the Lord Chancellor. Neither the Bar nor the Lord Chancellor routinely monitors compliance with the Code but the Bar, through complaints referred to its Professional Conduct Committee, is able to assess the effectiveness of particular parts of the Code upon which a complaint is based. No complaints have been made about individual barristers failing to observe the guidance set out above.

I have made no representations, nor had any discussions with the Bar in relation to the Code of Conduct and the operation of the specific guidance on derogatory mitigation. I am able to confirm that no such discussions have taken place involving the Attorney General or the Lord Chancellor's Department.

Andrew George

To ask the Parliamentary Secretary, Lord Chancellor's Department what plans he has to ensure that alleged victims of crime have adequate time in which to(a) consider the decision of the CPS to accept an alteration of a plea and (b) be told when the appeal is to be heard. [20326]

The Solicitor-General

The right hon. Lord Williams of Mostyn QC, published guidelines 12 months ago outlining the approach that should be adopted by a prosecution advocate when considering the acceptability of a defendant's plea. The guidelines emphasise that the prosecution should keep victims or victims' families attending court informed of developments in a case and, whenever practicable, speak to them so that their views and interests can be taken into account as part of the decision-making process.

The police are responsible for keeping the victim or victim's family informed of the progress of Court of Appeal cases. The police receive this information from the Criminal Appeals Office in all cases involving a death or sexual offence and in any other case in which the victim has indicated that he or she wishes to be kept informed of case progress.