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Written Question
Rape: Criminal Proceedings
Thursday 16th January 2020

Asked by: Nick Thomas-Symonds (Labour - Torfaen)

Question to the Attorney General:

To ask the Attorney General, what the average number of days taken from a report of rape to a decision to charge was in each year since 2015.

Answered by Michael Ellis

Records held by the Crown Prosecution Service (CPS) provide data showing the average number of days from receipt of the pre-charge case from the police to the decision to charge. The CPS does not have a record of the number of days from the date a crime was reported to the police to the date the police refer the case to CPS for a charging decision.

The table below shows the average number of days from the date a case is received from the police to the date the decision to charge was taken for cases flagged as rape in each year from 2015/16 to 2018/19.

2015 – 2016

2016 – 2017

2017 – 2018

2018 - 2019

Average police and CPS time to charge

52.70

67.28

77.98

107.68

In cases where a file is submitted to the CPS for early investigative advice or where there is insufficient evidence to bring a charge at the first referral, the prosecutor will advise the police officer on the further evidence to be gathered. Once this further evidence has been gathered the officer will return the case to the CPS in order for a charging decision to be made. With the increase in use of early investigative advice, the CPS is more often involved at an earlier stage in proceedings, which has an effect on the average number of consultations and overall timeliness.


Written Question
Rape: Prosecutions
Thursday 16th January 2020

Asked by: Nick Thomas-Symonds (Labour - Torfaen)

Question to the Attorney General:

To ask the Attorney General, how many and what proportion of cases of suspected rape were given No Further Action as a result of insufficient evidence to proceed in each of the last three years.

Answered by Michael Ellis

The Crown Prosecution Service (CPS) maintains a central record of the number of suspects, flagged as rape suspects, referred to prosecutors for a pre-charge decision and the number of decisions not to prosecute suspects following the charging decision.

The table below shows the volume and percentage of legal decisions not to prosecute for evidential reasons in each year from 2016/17 to 2018/19.

2016-2017

2017-2018

2018-2019

Volume

%

Volume

%

Volume

%

Legal Decision: No Further Action: Evidential

2061

31.2%

1786

29.7

1816

35.5

Data Source: Case Management Information System


Written Question
Sexual Offences: Convictions
Thursday 16th January 2020

Asked by: Nick Thomas-Symonds (Labour - Torfaen)

Question to the Attorney General:

To ask the Attorney General, what steps the Government is taking to improve conviction rates for rape and sexual offences.

Answered by Michael Ellis

Rape is a devastating offence that can have a significant and profound impact on victims, and the CPS is committed to bringing perpetrators of these horrific crimes to justice. The CPS welcomes and accepts all recommendations made in HM Crown Prosecution Service Inspectorate’s ‘Rape Inspection’ report, published in December 2019, and joint work with the police is already underway to make improvements. This work covers a range of areas, including case progression, digital capability and disclosure, expertise, supporting victims, and stakeholder engagement.

The ongoing cross-Government review into this complex area will offer comprehensive findings across the whole criminal justice system, and I look forward to its completion.


Written Question
Sexual Offences: Prosecutions
Thursday 16th January 2020

Asked by: Nick Thomas-Symonds (Labour - Torfaen)

Question to the Attorney General:

To ask the Attorney General, what steps he is taking to increase the number of reported rape and sexual offences that are brought to trial.

Answered by Michael Ellis

The reduction in suspects charged in rape and serious sexual offence cases is a cause of concern. Both Government and the CPS are committed to exploring what improvements can be made to the handling of these horrific cases and making progress in this area.

The CPS welcomes and has accepted all recommendations made in HM Crown Prosecution Service Inspectorate’s ‘Rape Inspection’ report, published in December 2019, and a joint action plan with the police is already underway to make improvements. The ongoing cross-Government review into this complex area will also offer comprehensive findings across the whole criminal justice system, and I look forward to its completion. The CPS will address any issues highlighted by the review openly and honestly.


Written Question
Rape: Prosecutions
Monday 24th June 2019

Asked by: Nick Thomas-Symonds (Labour - Torfaen)

Question to the Attorney General:

To ask the Attorney General, what proportion of reported rape cases that were passed to the Crown Prosecution Service by the police forces of England and Wales were returned to the police for further evidence to be gathered in 2017-18.

Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport

Rape is a horrific crime which has a significant and profound impact on victims. It is vital to ensure that cases are investigated thoroughly in order to bring them to justice. To achieve this, it is necessary in many cases to seek further information before a prosecutor is able to determine whether or not to charge. This process ensures that cases are as robust as possible once they reach the court.

In 2017-18, cases were referred back to the Police for 61% of suspects in cases recorded as rape in the system. Whilst one situation where the CPS may refer a case back to the Police is to request further evidence, it could also be in instances when the Police have sought ‘early investigative advice’ from the CPS to assist in determining the evidence required for a charge. It is not possible to separate cases where the CPS has requested further evidence and when the Police have sought early investigative advice.


Written Question
Rape: Prosecutions
Monday 24th June 2019

Asked by: Nick Thomas-Symonds (Labour - Torfaen)

Question to the Attorney General:

To ask the Attorney General, what proportion of reported rape cases in 2017-18 passed to the CPS by the police forces of England and Wales were returned to the police for further evidence to be gathered, and were not subsequently returned to the CPS with that further evidence.

Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport

The CPS recognises that rape and serious sexual offences have a significant and profound impact on victims. It is vital to ensure that cases are investigated thoroughly in order to bring them to justice. To achieve this, it is necessary in many cases to seek further information before a prosecutor is able to determine whether or not to charge. In such cases, an action plan requesting further evidence will be provided to the police by the CPS.

When the Police are unable to respond to the action plan, the case is administratively finalised. This is an administrative process where cases are closed on the CPS’s Case Management System if, after reminders from the CPS, the Police do not submit further information. Such cases may be reopened if, at a later date, new material is provided to the CPS by the Police enabling them to decide whether to charge.

The Police may also seek ‘early investigative advice’ from the CPS to assist in determining the evidence required for a charge. In these cases the CPS may also administratively finalise a case if after receiving CPS advice, the Police do not re-submit the case.

In 2017/18, 22% of all rape cases referred to the CPS were administratively finalised.


Written Question
Hate Crime: Convictions
Tuesday 19th December 2017

Asked by: Nick Thomas-Symonds (Labour - Torfaen)

Question to the Attorney General:

To ask the Attorney General, how many incidents of hate crime resulted in convictions in (a) 2016 and (b) 2017.

Answered by Jeremy Wright

The Crown Prosecution Service (CPS) maintains a central record of the number of defendants flagged as committing hate crime offences that were prosecuted and convicted through its Case Management System.

The table below shows the volume and proportion of hate crime prosecutions and convictions during each of the last three years.

-

2014 - 15

2015 - 16

2016 - 17

-

Volume

%

Volume

%

Volume

%

Convictions

12,220

82.9%

12,846

83.2%

12,072

83.4%

Unsuccessful

2,518

17.1%

2,596

16.8%

2,408

16.6%

Total

14,738

15,442

14,480

Data Source: Case Management Information System

The CPS does not hold a record of the number of reported incidents of hate crimes. Such information is recorded by the 43 police forces. The data reported in the table above shows prosecutions completed by the CPS after receipt of the case papers from the police.


Written Question
Hate Crime: Disability and Homosexuality
Tuesday 19th December 2017

Asked by: Nick Thomas-Symonds (Labour - Torfaen)

Question to the Attorney General:

To ask the Attorney General, what steps the Government is taking to ensure that the Crown Prosecution Service has adequate resources to tackle crimes against gay and disabled people.

Answered by Jeremy Wright

Tackling hate crime is a priority for the CPS and for wider government and the CPS is committed to allocating sufficient resource to tackle hate crime across all monitored strands. The CPS has resourced a network of Hate Crime Coordinators in each of its Areas, acting as a central point of contact for specialist advice and providing oversight of hate crime cases.

In 2016-17, disability hate crime performance included the highest ever volume of completed prosecutions at 1,009, with a conviction rate of 79.3%. There were also 1,375 completed prosecutions for homophobic hate crime, with a conviction rate of 83.2%.


Written Question
Legal Profession: Training
Thursday 7th September 2017

Asked by: Nick Thomas-Symonds (Labour - Torfaen)

Question to the Attorney General:

To ask the Attorney General, with reference to his oral contribution of 27 October 2016, Official Report, column 410, whether he plans to look at guidance given by the Crown Prosecution Service to the lawyers who appear before the courts and regularly deal with applications of sexual offences.

Answered by Robert Buckland

Specially trained rape and serious sexual offences (RASSO) prosecutors are committed to robustly opposing applications pursuant to Section 41 Youth Justice and Criminal Evidence Act 1999 where it is appropriate to do so and are assisted in this process by online legal guidance and by face-to-face training which is compulsory for all RASSO prosecutors. With a view to ensuring that performance is maintained in this important area the CPS is currently developing a new training course on the Section 41 provisions which is designed to assist both RASSO prosecutors and members of the independent Bar. The CPS is also in the process of updating legal guidance for prosecutors on rape and sexual offences which will feature a detailed section on the operation of the Section 41 provisions. The new training course and guidance will be launched later this year. As part of a wider evaluation of the operation of the Section 41 provisions I intend to look at both of these new CPS training products when they have been completed.


Written Question
Barristers
Friday 2nd December 2016

Asked by: Nick Thomas-Symonds (Labour - Torfaen)

Question to the Attorney General:

To ask the Attorney General, in how many cases the Crown Prosecution Service instructed QCs when the defence case was not presented by a QC in each year since 2010; and what proportion of the total number of cases brought to court that figure represented.

Answered by Robert Buckland

The Crown Prosecution Service (CPS) does not maintain a central record of whether the defendant was represented by junior or senior counsel. This information could only be obtained by examining CPS case files, which would incur disproportionate cost.