Asked by: Diana Johnson (Labour - Kingston upon Hull North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people have been convicted under section 53 of the Sexual Offences Act 2003 in each year since 2010.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
The Ministry of Justice holds data on the number of offenders convicted under section 53 of the Sexual Offences Act 2003, covering the period requested. This is publicly available and can be obtained through the Outcomes by Offence Data tool, using HO offence code: 02418 – Controlling a prostitute for gain.
The information is published quarterly as part of the Criminal Justice System statistics.
Asked by: Lord Blunkett (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to update the Rehabilitation of Offenders Act 1974.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
This government has recently reviewed and made significant changes to the Rehabilitation of Offenders Act (ROA) 1974. The Police, Crime, Sentencing and Courts Act 2022 amended the ROA to significantly reduce the length of time that someone needs to disclose most criminal records. These reforms will improve access to employment, which we know is a key factor in supporting rehabilitation and enabling former offenders to reintegrate into the community. Serious violent, sexual, or terrorist offences are excluded from these changes and continue to never be spent.
Where a person has a conviction disclosed, we are clear that this should not be an automatic bar to employment. Our guidance for employers states that they should make a balanced judgment on whether someone’s convictions make them unsuitable for a particular job. This should take into account the person’s age at the time of the offence, how long ago it took place, the nature of the offence and its relevance to the position in question, among other factors.
The ROA is kept under review. There are no current plans to make further changes, but please see further the answer I gave on 4 April to Question HL3362.
Asked by: Lord Blunkett (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, excluding sexual or violent offences, under what circumstances can someone subject to an Imprisonment for Public Protection sentence who has completed their license period have earlier, minor offences dropped from their record.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Rehabilitation of Offenders Act 1974 (the ROA) sets out when an offender is considered to be ‘rehabilitated’ for the purposes of the Act and the relevant rehabilitation periods for cautions and convictions (also referred to as when a caution or a conviction become ‘spent’). This does not mean that an offence is dropped from their record, rather that the offender only needs to disclose the spent caution or conviction in some circumstances.
The ROA also provides that where a person commits another offence before the first has become spent, then the rehabilitation periods are extended to the longest period. The ROA sets out that, as with other indeterminate sentences, IPP sentences can never become spent, regardless of whether the licence is terminated or not. The same, therefore, applies to any unspent caution or conviction imposed on the offender prior to the IPP sentence.
We have taken action through the Victims and Prisoners Bill to curtail IPP licence periods to give offenders the opportunity to move on with their lives. Whether the ROA should be reviewed in the light of these changes would require further consideration in the context of indeterminate sentences generally.
Asked by: Philip Davies (Conservative - Shipley)
Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, how many civil servants in his Department have a criminal conviction.
Answered by Mark Spencer - Minister of State (Department for Environment, Food and Rural Affairs)
The information requested is not held centrally and to obtain it would incur disproportionate costs.
New appointments to Defra undergo pre-employment criminal record checks. Where a conviction is flagged, appointment is dependent on a role-specific risk assessment. Convictions for the following offences result in the individual automatically failing pre-employment checks and not being appointed: life sentences, arson, sexual offences and hate and terror offences.
Defra has participated in the Going Forward into Employment Scheme for Ex-Offenders and has appointed to posts via this scheme. We can confirm that the numbers appointed under this scheme are currently less than 10. However, exact numbers may enable individuals to be identifiable and the privacy and confidentiality of this information requires us to ensure individuals are properly protected.
Asked by: Philip Davies (Conservative - Shipley)
Question to the Department for Education:
To ask the Secretary of State for Education, how many civil servants in her Department have a criminal conviction.
Answered by Damian Hinds - Minister of State (Education)
The department does not collect or hold information on the criminal convictions of its civil servants.
The department does require that, prior to commencing employment, individuals have cleared the Baseline Personnel Security Standard (BPSS). This includes a check for live convictions and is the minimum level of clearance for all people working across the Civil Service. These checks are also carried out for existing civil servants moving into the department.
If checks highlight convictions, the department will consider the appointment if a conviction relates to any of the following: life sentences, arson, sexual offences, hate and terror offences, the department will also consider the specific offence against the nature of the business, i.e., a conviction for fraud may rule you out for a finance role (the department also undertakes an internal fraud database check, which identifies civil servants who have been dismissed for committing internal fraud, or who would have been dismissed had they not resigned).
The department is engaged in the ‘Civil Service Prison Leavers’ scheme but has not yet made any appointments. This scheme ensures that if an individual is a prison leaver, then having a criminal conviction is not a barrier to joining the Civil Service. The department only asks about criminal convictions once a job offer has been made and excepted and the BPSS checks completed.
The department expects its civil servants to abide by the Civil Service Code of Conduct and the departmental standards of behaviour. Employees must inform their manager if they are arrested, are charged and released, refused bail, or convicted of any criminal offence. If they fail to do so, the department will take disciplinary action for non-disclosure.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many cases of (a) rape and (b) serious sexual offences are outstanding 12 months after the accused was charged.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
Our published data includes the number of cases outstanding at the court from the point of crown court receipt rather than charge. As of Q3 2023, there were 667 adult rape cases and a further 2,019 cases of sexual offences (excluding adult rape) that had been outstanding at Crown Courts in England and Wales for 12 months or more.
We recognise that lengthy waiting times can be particularly difficult for victims of rape and other serious sexual offences who wish to see justice done and move on with their lives. We are doing everything we can to address the outstanding caseload. We are taking action to maximise capacity and hear more cases so we can minimise the impact on victims. As part of this, we are:
We are also ensuring that all victims of rape and sexual offences are well supported throughout their engagement with the criminal justice system. This includes delivering our 24/7 helpline service for victims of rape and sexual violence; quadrupling victim support funding by 2024/25, up from £41 million in 2009/2010; and increasing the number of Independent Sexual and Domestic Abuse Advisors by 300 to nearly 1,000.
These actions have been delivered as part of our Rape Review Action Plan, which included ambition to return the number of adult rape cases reaching court to 2016 levels. This ambition was hugely stretching, as 2015 and 2016 marked the years where adult rape prosecutions and convictions were at their highest recorded levels.
We have exceeded this ambition well ahead of schedule. Across July - September 2023 we recorded 665 Crown Court receipts for adult rape, exceeding our original 2016 ambition of 553 by 20%. In practice, this means we have more than doubled the number of adult rape cases reaching court compared to when the Rape Review was first commissioned (2019). The number of people prosecuted for rape is 32% higher than in 2010.
Asked by: Lord Dobbs (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, in each of the past five years in England and Wales, how many prosecutions were brought for rape and serious sexual assault; how many allegations of rape or serious sexual assault reported to police have not been taken to prosecution; and what percentage of prosecutions have resulted in conviction.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
This government is committed to increasing the volumes of rape and serious sexual offence cases that reach court.
In 2019, we commissioned our end-to-end Rape Review to better understand the justice system’s response to adult rape. Published in 2021, our watershed report set stretching ambitions to return the volumes of adult rape cases being referred by the police, charged by the CPS, and reaching court back to 2016 levels by the end of this Parliament. In practice, this meant more than doubling the number of adult rape cases reaching court compared to when the Review was first commissioned, in 2019.
The latest data shows that we have exceeded each of these ambitions ahead of schedule. In July – September 2023, we recorded:
In addition, the number of people prosecuted for an adult rape offence went up by 54% in the last year (12 months to June), rising from 1,410 to 2,165. This is 32% higher than in 2010 (1,644).
But we are determined to build on these successes, and continue to make excellent progress in delivering our Rape Review Action Plan to support victims throughout the criminal justice system:
As far as possible, we have provided the requested data in Tables 1-3. Please note that each table contains data extracted from different administrative systems, and for different operational purposes. Whilst every effort has been made to answer the question and keep the data similar it is important to note that the data presented is complementary, rather than directly comparable. Below is a summary of each table and its contents, including a final Annex table (Table A1) which specifies how offences for rape and serious sexual assault have been captured.
Table 1 – Volume of defendants proceeded against for rape or ‘serious’ sexual assault offences, year ending June 2019 to year ending June 2023, England and Wales
The Ministry of Justice (MoJ) publish the data set out in Table 1 in Criminal Justice System statistics quarterly: June 2023, in the Outcomes by Offence data tool (last updated 18 January 2024).
The MoJ tool contains data on the volume of convictions, but it is advised these are not used to calculate conviction rate (the number of convictions as a proportion of the number of prosecutions). This is due to the Court Proceedings Database counting two separate records at two separate stages (one for prosecution, one for conviction). An individual may appear at each court in separate years, or for a different principal offence at different stages. As a result, this rate is not an accurate measure of the proportion of prosecutions that result in a conviction and we recommend table 3 for that purpose.
Table 2 – Rape and ‘serious’ sexual offences (RASSO) recorded by the police that were not assigned a charge outcome, as a proportion of all RASSO cases closed each year, year ending June 2019 to year ending June 2023, England and Wales
The Home Office (HO) publish the data set out in Table 2 in the quarterly publication Open Data Tables, in the Outcomes Open Data files (last updated on 25 January 2024). It is important to note that the Home Office do not hold data on prosecutions, but publish data on recorded cases that do not receive a charge outcome, presented in Table 2.
Table 2b – Number of reported incidents of rape (excluding offences recorded by the police) and cancelled rape offences, year ending March 2019 to year ending March 2023, England and Wales
Since April 2015, the police have been expected to record all allegations of rape that are reported to them as soon as they are received, unless they are immediately recorded as a confirmed crime. These are recorded under the reported incidents classification. Reported incidents of rape are then either confirmed as a crime and re-classified accordingly (as recorded offences) or are retained in the police data as an incident. Table 2b shows a total of reported incidents that do not go on to be recorded as a crime, and cancelled rape offences. An incident does not go on to be recorded as a crime if the victim or third party reporting the incident cannot confirm it or cannot be traced, if credible evidence to the contrary exists, or if it is transferred to another police force. These data are published here: https://assets.publishing.service.gov.uk/media/652eaab16b6fbf000db75843/prc-rape-incidents-2016-2023.ods). Rape allegations are ‘cancelled’ when there is additional information to confirm the offence did not take place or where the entry is made in error (such as a duplicate of an existing allegation). Home Office can be contacted directly for further comment on these data.
Table 3 – Conviction rate for suspects with a rape flagged offence, year ending June 2019 to year ending June 2023, England and Wales
The Crown Prosecution Service (CPS) publish the data set out in Table 3 in CPS quarterly data summaries (last updated on 18 January 2024). Prosecution crime type data tables were used to extract conviction rates for rape flagged cases. Due to the nature of CPS systems, the conviction rate based on rape flags will include cases where the eventual outcome is different to the flagged offence of rape.
Table A1: Definition of rape and 'serious' sexual assault by organisation (MoJ, Home Office, Crown Prosecution Service)
This table sets out how rape and ‘serious’ sexual assault offences have been selected for each of the tables. The most substantial difference is between CPS and MoJ/Home Office data, as the CPS rely on the use of flags and do not record offences by detailed offence code in the same way as the MoJ/Home Office (meaning detailed offences would need to be extracted manually, and are not published). Home Office and MoJ offences broadly correspond but, due to differences in recording practices and operational uses some of the offences follow different description conventions.
Asked by: Ruth Cadbury (Labour - Brentford and Isleworth)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many foreign national offenders who were removed from the UK were imprisoned for (a) sexual offences, (b) homicide and (c) assault in each year since 2019.
Answered by Michael Tomlinson - Minister of State (Minister for Illegal Migration)
The information requested about how many foreign national offenders (FNOs) were removed from the UK following convictions for (a) sexual offences, (b) homicide and (c) assault is not available from published statistics.
The Home Office does publish information on a quarterly bases on FNO returns and this can be found at Immigration system statistics data tables - GOV.UK (www.gov.uk).
Our priority will always be to keep the British public safe. That is why foreign nationals who abuse our hospitality by committing crimes should be in no doubt of our determination to deport them. Between January 2019 and September 2023, more than 16,000 FNOs have been removed from the UK.
Asked by: Jim Shannon (Democratic Unionist Party - Strangford)
Question to the Attorney General:
To ask the Attorney General, how many convictions for paedophilia were referred to her Department under the unduly lenient sentence scheme in 2023.
Answered by Robert Courts - Solicitor General (Attorney General's Office)
The Attorney General’s Office (AGO) receives requests to refer sentences under the Unduly Lenient Sentence scheme to the Court of Appeal and publishes annual reports on the outcomes of the requests which it refers.
The annual report for 2023 has not yet been published. The latest annual report, for the year 2022, was published on 17 October 2023 (see Unduly lenient sentence annual case outcomes data - GOV.UK (www.gov.uk)).
The AGO also releases weekly statistics of requests to refer sentences. Weekly statistics for 2023, including requests to refer sentences for offences involving paedophilia (such as indecent images of a child, rape of a child under 13, and sexual assault of a child under 13) can be found at Outcome of unduly lenient sentence referrals - GOV.UK (www.gov.uk).
Asked by: Andrew Rosindell (Conservative - Romford)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people have been prosecuted under human trafficking laws in each year since 2010.
Answered by Gareth Bacon - Parliamentary Under-Secretary (Ministry of Justice)
The Ministry of Justice publishes information on the number of defendants prosecuted for offences under human trafficking laws, from 2010 to 2022, in the Outcomes by Offence data tool: December 2022, and from year ending June 2011 to the year ending June 2023, in the Outcomes by Offence data tool: June 2023:
Offences under sections 2(1), 4 and 30(1) and 30(3) of the Modern Slavery Act 2015 can be found using following HO codes:
03608 - Conspire to arrange or facilitate travel of another person with a view to exploitation
03610 - Commit offence other than kidnapping or false imprisonment with intent to commit human trafficking offence
03611 - Commit offence of kidnapping or false imprisonment with intention of committing human trafficking offence
03612 - Breach a slavery and trafficking risk or prevention order
Offences under sections 57, 58, 59, 59A(1) of the Sexual Offences Act 2003 & Offences under sections 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 can be found by using following offences:
72 Human trafficking for sexual exploitation
78.1 Human trafficking for non-sexual exploitation
These can be accessed by navigating to the ‘Prosecutions and convictions’ tab and using the HO Offence Code and Offence filters to select the above offences in the Outcomes by Offence data tool.
In 2015, the UK Government introduced the world-leading Modern Slavery Act, giving law enforcement agencies the tools to tackle trafficking, including maximum life sentences for perpetrators and enhanced protection for victims.
Since the Modern Slavery Act was passed in 2015, we have seen significant law enforcement activity focused on modern slavery, which has led to an increase in the number of live police modern slavery investigations.
This has also led to an increase in the number of prosecutions brought and convictions secured.
Measures under the Nationality and Borders Act came into force in 2023 which have helped clarify our obligations to providing support for victims of modern slavery.