Pat Scotland has women in her sights — which is highly appropriate for the
first woman to hold the post of Attorney-General since it came into being in
1315. This month, too, is International Women’s Month, so she has more than
enough excuse to promote an agenda for women.
As minister in charge of the Crown Prosecution Service, Baroness Scotland of
Asthal has responsibility for victims of crime and for the prosecution of
crimes such as rape and domestic violence, where women make up most of the
victims.
But she’s ideally placed also to look at women inside the system itself — in
the Government Legal Service, Crown Prosecution Service — and beyond, to the
wider legal profession and judiciary.
Last week she and Jacqui Smith, the Home Secretary, announced a £1 million
cash boost for tackling domestic violence and rape. Much of it will go to
specialist sexual advisers who are attached to courts to help victims
alleging rape or other sexual violence as well as domestic assaults. “This
extra money will help to bring more of these courts on stream much more
quickly,” she says.
The Government’s target is for 60 such courts within three years. But Lady
Scotland is impatient for progress. “The existing courts — there are 23 —
have seen a tremendous success rate in prosecutions, running at 70 per cent,
compared with 46 per cent in ordinary courts three years ago,” she adds.
Local teams, made up of specialist magistrates, prosecutors, trained police
and support agencies, apply for funding to set up a court in their areas.
“Traditionally there is a real attrition rate for these cases. Women, or men,
might be scared to give evidence or there is family pressure on them to drop
the case, so they withdraw. Or the court might be too far from the refuge
centre where they are staying or they are worried about their children.”
Some 6,000 prosecutions of domestic violence have gone through the 23 courts
in the past three years. The number of women murdered by a partner or former
partner in 2006-07 was 83, the lowest since 1999-2000.
The culture change that has occurred within the police on domestic violence
she wants replicated in their attitude to rape prosecutions. “There is a
culture change, but it is not changing fast enough.”
Two weeks ago John Yates, Metropolitan Police Assistant Commissioner, admitted
that the police were contributing to the “appalling” conviction rate in rape
cases because officers too often failed to take alleged victims seriously
enough.
There is a problem, Lady Scotland argues, to do with myths held by the public
at large about rape, and this was to some extent reflected in the police
force. “Women have a problem telling anyone because of the stigma attached
to rape and the fear of how people will respond. A lot of people somehow
think that the rape victim is at fault.”
A working party is putting together an agreed set of misconceptions or myths
and will decide how best to ensure juries have the information, she says.
Several proposed reforms on rape have fallen by the wayside or been overtaken
by events. But one that is going ahead is that the video of a complainant’s
first account of the attack to police could be used in evidence. New
training is also under way for judges after a Court of Appeal case last year
that set out how they should deal with drunken rape cases. “I hope with all
these initiatives, including more than 100 specialist rape prosecutors who
are being set up, that we will get better results.”
Prostitution is also an area ripe for action. But Jack Straw, the Justice
Secretary, has just dropped measures to overhaul the law on prostitution to
ensure that a Bill that prevents prison officers striking is law by May.
Lady Scotland insists she wants to bring the measures back, however. Plans
to scrap the term common prostitute from the statute book — 184 years after
it was first used in the Vagrancy Act 1824 — were also lost. There was “no
question that when parliamentary time allows, this will be back on the
agenda. There is no change of policy.”
She is cautious, though, about the idea floated by Harriet Harman, the deputy
Labour leader, for outlawing prostitution, as in Sweden. “We are looking at
what we can do to reduce demand. We have to look at all the options — but I
think [a ban] would be challenging. We are determined, though, to do
everything we can do to stop this activity — we’ve had blitzes, for example,
on kerb crawling.”
She backs non-custodial penalties for prostitutes where possible, so that they
can be rehabilitated, have drug problems treated and be helped off the
streets. “If there is no danger [in a non-custodial penalty], they are not
violent, you have to ask whether a more effective way of helping these woman
to cease this form of criminality would be in the community.”
Courts have discretion now but prosecutors could help to encourage a shift
from custody, she adds. “I can’t say what judges and magistrates should do,
but the prosecution now has a bigger role in helping courts with sentencing
and courts have a wider range of options.”
On women in the legal profession Lady Scotland also plans action. In that
profession, she and fellow minister, Vera Baird, QC, the Solicitor-General,
are rarities. But already their mark can be seen — and not just in the new
red-leather chairs and light wood furniture in Lady Scotland’s office (“it
was all very dark and masculine”), complete with doorstop styled as a red
stiletto.
Mr Straw recently lamented the shortage of women at the top of the law and
judiciary. “Isn’t it great?” Lady Scotland enthused. “We do now have women
making up 45 per cent of entrants to the Bar. But I am talking to a number
of women judges about this — they do want to make a difference. There are
things one can do . . . one has got to look at why [few women make the
top].”
At the Bar, the lifestyle remains “very tough”, trying to secure a work-life
balance if a woman has children. She is married to a barrister and has two
sons. “But there’s an extremely good story to tell in the CPS: 45 per cent
of senior prosecutors and 26.5 per cent of chief Crown prosecutors are
women, and one of the reasons is that women can manage their families. Many
at the Bar do manage careers and children — but we have to make it much
easier to do that.”
More movement in both directions between private practice and the Government
Legal Service or CPS would help and for people to move more easily up
through the judicial ranks: Baroness Butler-Sloss, for example, started out
as a district judge. Paralegals in the CPS or legal executives, she says,
can in theory become judges. As more women are concentrated in these jobs,
that — in turn — will boost numbers of women at the top. “You can now start
as an administrative assistant and work up to being a High Court judge.”
More controversially, she favours allowing prosecutors to apply to be circuit
judges. At present they cannot sit part-time as recorders on criminal cases,
the key stepping stone to the circuit bench. With proper training this could
be possible. “I hope there would be a way.”
More women are becoming district judges, but she says that there is need for
more women judges generally: “We have only one woman law lord. I am
delighted that there is now a woman Attorney, and not just because it’s me.
But it’s a bit odd that I am the first.”
It's rather arrogant to presume that a coloured woman is appointed just because she's coloured and a woman.
starling, Lancaster,
It seems the ultimate in white male entitlement to seriously think that all white male candidate are intrisically better qualified and deserving, and therefore any other candidate (esp. female AND non-white) is 'only' being considered because of mere tokenism.
OneLove, Erkelenz, Germany
Its not that men arent good enough! It is based on the best candidate! If it happens to be a woman with an ethnic minority background, she cant help it! It is a good thing though! Finally women who are from an ethnic minority are somewhat breaking the barriers of the "glass ceiling". I hope this is a trend that is an encouragement which blooms!
J, leic, UK
Does she think that a white man should be denied a job even if he is the best candidate? Because that will happen more and more often if the likes of her get their way. This is not about fairness, it is about promoting one group regardless of fairness.
Oliver Chettle, Bedford,
I tend to agree with Terry. It's a shame that people aren't appointed on their merits, but tokenism is more of a priority than ability. Just look at Baroness Amos in the House Of Lords!
Roger, Norfolk,
ethnic and female=ideal qualifications apparently. see harriet harpersons ( mrs jackj dromey) utterances yesterday
terry sullivan, morden,