Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, what discussions he has had with officials in his Department on the potential impact of the deletion of records of investigations relating to homosexuality in armed forces will have upon Lord Etherton's review into the treatment of LGBT veterans.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, if will take steps to ensure that previous deletion of records of investigations and dismissals into Armed Forces service people accused of homosexual conduct will not adversely affect (a) potential future claims for compensation, restoration of lost pension entitlements or (b) admissions of fault from his Department.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, if he will investigate for what reasons records of investigations and dismissals into Armed Forces service people accused of homosexual conduct were deleted in 2010.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, how many veterans had their records relating to disciplinary action due to homosexuality in the Armed Forces destroyed in 2010.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Crispin Blunt (Independent - Reigate)
Question to the Ministry of Defence:
To ask the Secretary of State for Defence, to specify which legal duty the Ministry of Defence spokesman is referring to in his remark to the BBC on 2nd November with relation to the the deletion of records of investigations relating to homosexuality in Armed Forces.
Answered by Andrew Murrison - Parliamentary Under-Secretary (Ministry of Defence)
The historic policy prohibiting homosexuality in the armed forces was wrong and the Ministry of Defence (MOD) deeply regrets LGBT+ members serving in Defence suffered injustice as a consequence. The LGBT Veterans Independent Review (IR), co-commissioned by the MOD and the Office for Veterans’ Affairs, launched its Call for Evidence (CfE) on 15 July 2022, where it sought testimony from those impacted by the Armed Force’s pre-2000 policy that homosexuality was incompatible with service in the armed forces. As part of this CfE, a testimonial referred to an accusation that in 2010 Service Police records relating to investigations where criminalised homosexuality was a factor had been deleted.
Service Police investigative records are routinely and lawfully destroyed, typically between three and 10 years after the offence is reported, in line with data protection legislation and MOD policy. Once records no longer have an investigative value there is no basis for retaining them, particularly as they contain sensitive personal information. Personal data contained in service records pre-dating 25 May 2018 were protected and processed in accordance with the Data Protection Act 1998. Data processed subsequent to this date is processed in accordance with the Data Protection Act 2018. In 2010 and 2011, in line with Government policy agreed by the Association of Chief Police Officers (ACPO), the Home Office (HO), and Ministry of Justice (MOJ), the MOD enacted policy to destroy legacy police investigative records concerning decriminalised sexual offences so that historical decriminalised convictions would not show up on criminal record checks of Service Personnel. This was lawful, fully in line with appropriate Government policy on data protection, and mirrored Government policy in civilian life.
As part of the IR, the MOD have examined historic records and the policies and decisions made in relation to the retention of those records. We have found that the Single Services correctly followed policies and processes concerning the removal of records, in line with data protection legislation and government policy agreed with the ACPO and led by the HO and the MOJ. As the matter has been subject of an investigation within MOD as part of the IR, and to avoid prejudicing any recommendations stemming from the ongoing IR, there are no current plans to publish any documentation related to the decision of the Defence Police Chief’s Forum in 2010 to implement the government policy at the time
As the records no longer exist, it is not possible to quantify how many records have been destroyed. However, whilst Defence cannot give a precise figure for the number of veterans who had their records destroyed, I can advise that almost all such police investigative records concerning gay and lesbian personnel before 2000 have been destroyed.
The question of compensation, admissions of fault, and other such corrective and compensatory measures is a matter for the ongoing IR. Defence will not prejudice the outcome of the IR by speculating on any recommendations it may make. Pensions for Service Personnel are linked to their pay and length of service. Thus, Service Personnel dismissed or discharged in respect of their sexuality retained their accrued pension rights and are, therefore, out of scope of the IR.
The MOD’s priority now is to understand the full impact of the historic ban and find appropriate ways to address the wrongs of the past, where possible.
Asked by: Ellie Reeves (Labour - Lewisham West and Penge)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many serious further offence notifications resulted in a conviction by each type of offence in each year since 2010.
Answered by Damian Hinds - Minister of State (Education)
The table below sets out the total number of notifications – that is, where an offender subject to probation supervision has been charged with a qualifying serious further offence (SFO) – which resulted in a conviction for an SFO, by SFO offence, for notifications submitted to NOMS/HMPPS between 1 April 2010 and 31 March 2014.
The latest figures for 1 April 2014 and 31 March 2021 were published in October 2022 and can be accessed by the following link: Proven reoffending statistics: October to December 2020 - GOV.UK (www.gov.uk).
| 2010/11 | 2011/12 | 2012/13 | 2013/14 |
Total SFO notifications | 473 | 466 | 489 | 507 |
Total SFO convictions [1] | 257 | 253 | 270 | 274 |
Murder | 50 | 67 | 51 | 59 |
Attempted murder/ Conspiracy to commit murder | 12 | 13 | 16 | 15 |
Manslaughter | 18 | 15 | 16 | 23 |
Attempted Rape/Rape /Assault by penetration including on a child under 13 | 101 | 77 | 93 | 80 |
Arson with intent to endanger life | 8 | 8 | 7 | 10 |
Kidnapping /Abduction/False imprisonment | 2 | 14 | 16 | 19 |
Death involving driving or vehicle taking | 8 | 6 | 5 | 8 |
Other serious sexual/violent offences [2] | 58 | 53 | 66 | 60 |
1. Time period for conviction data relates to the date of SFO notification to HMPPS not the date of conviction.
2. “Other serious sexual/violent offences” refer to other serious violent or sexual offences which carry a maximum custodial penalty of more than 10 years.
3. The data only includes convictions for serious further offences that have been notified to the national SFO Team, HMPPS.
4. The data provided are provisional subject to change when any outstanding cases are concluded at court.
5. Conviction data also includes cases where the offender committed suicide or died prior to the trial, where the judicial process concluded that they were responsible.
6. The data for April 2010 to March 2014 has been updated and may differ to the original publication due to data cleansing, re-categorising and re-grouping.
7. Data Sources and Quality. We have drawn these figures from administrative IT systems which, as with some large-scale recording systems, are subject to possible errors with data entry and processing.
Serious further offences are incredibly rare, with fewer than 0.5% of offenders supervised by the Probation Service going on to commit serious further offences but each one is investigated fully so we can take action where necessary. We have also injected extra funding of more than £155 million a year into the Probation Service to deliver tougher supervision, reduce caseloads and recruit thousands more staff to keep the public safer.
Asked by: Steve Reed (Labour (Co-op) - Croydon North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the average time was for rape cases to be completed in court in the latest period for which data is available.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Timeliness estimates for defendants dealt with for all rape at criminal courts since 2010 (Table 1) and for the latest quarter (Table 2) can be found in the attached spreadsheet.
The length of time a case takes in court depends on a variety of factors including complexity of the case, pleas and other factors.
In June 2021, we published the End-to-End Rape Review Report and Action Plan. We committed to delivering real improvements to transform support for victims and working with the police and the CPS to more than double the number of adult rape cases reaching court by the end of this Parliament.
The volume of adult rape cases going through the system has significantly increased: there were 440 Crown Court receipts in the second quarter of 2022, up 91% from the quarterly average in 2019.
Adult rape convictions have also increased: there were 532 convictions in the year to June 2022, up 65% compared to the year to June 2021.
We have taken decisive steps to improve timeliness at Court:
We have removed the limit on sitting days, extended the use of 30 Nightingale courtrooms beyond March 2022, and are extending our plans for judicial recruitment to increase sitting capacity and improve waiting times for victims.
To provide additional capacity in the Crown Court, Magistrates’ Court sentencing powers have been extended from 6 to 12 months for a single Triable Either Way offence to allow more cases to be heard in the Magistrates’ Court.
Over the next three years we are investing additional funding for the Criminal Justice System to help improve waiting times for victims of crime and reduce the Crown Court backlog.
We have also:
Fully rolled out pre-recorded cross examination (Section 28) for victims of sexual and modern slavery offences in all Crown Court locations across England and Wales. This special measure allows victims to pre-record evidence, spares them the glare of a live courtroom trial and allows them to give evidence in advance of the trial and then move on with their lives more quickly.
Announced a Specialist Sexual Violence Support project in three Crown Court locations.
More than quadrupled funding for victim support from £41m in 2009/10 to £192m by 2024/25, and are increasing the number of Independent Sexual and Domestic Abuse Advisors to over 1,000 by 2024/25.
Launched a single source of 24/7 support for victims of rape and sexual abuse meaning every victim can now access free, confidential emotional support whenever and wherever they need it.
Asked by: Steve Reed (Labour (Co-op) - Croydon North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the average time was for rape cases to be completed in court in each year since 2010.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Timeliness estimates for defendants dealt with for all rape at criminal courts since 2010 (Table 1) and for the latest quarter (Table 2) can be found in the attached spreadsheet.
The length of time a case takes in court depends on a variety of factors including complexity of the case, pleas and other factors.
In June 2021, we published the End-to-End Rape Review Report and Action Plan. We committed to delivering real improvements to transform support for victims and working with the police and the CPS to more than double the number of adult rape cases reaching court by the end of this Parliament.
The volume of adult rape cases going through the system has significantly increased: there were 440 Crown Court receipts in the second quarter of 2022, up 91% from the quarterly average in 2019.
Adult rape convictions have also increased: there were 532 convictions in the year to June 2022, up 65% compared to the year to June 2021.
We have taken decisive steps to improve timeliness at Court:
We have removed the limit on sitting days, extended the use of 30 Nightingale courtrooms beyond March 2022, and are extending our plans for judicial recruitment to increase sitting capacity and improve waiting times for victims.
To provide additional capacity in the Crown Court, Magistrates’ Court sentencing powers have been extended from 6 to 12 months for a single Triable Either Way offence to allow more cases to be heard in the Magistrates’ Court.
Over the next three years we are investing additional funding for the Criminal Justice System to help improve waiting times for victims of crime and reduce the Crown Court backlog.
We have also:
Fully rolled out pre-recorded cross examination (Section 28) for victims of sexual and modern slavery offences in all Crown Court locations across England and Wales. This special measure allows victims to pre-record evidence, spares them the glare of a live courtroom trial and allows them to give evidence in advance of the trial and then move on with their lives more quickly.
Announced a Specialist Sexual Violence Support project in three Crown Court locations.
More than quadrupled funding for victim support from £41m in 2009/10 to £192m by 2024/25, and are increasing the number of Independent Sexual and Domestic Abuse Advisors to over 1,000 by 2024/25.
Launched a single source of 24/7 support for victims of rape and sexual abuse meaning every victim can now access free, confidential emotional support whenever and wherever they need it.
Asked by: Steve Reed (Labour (Co-op) - Croydon North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an estimate of the number of rape victims who withdrew from their cases in each of the last 12 years.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Victims can withdraw from the criminal justice process at any stage and some of this information is published for adult rape as part of our Criminal Justice Delivery Data Dashboard and the associated publications the dashboard data is derived from.
In June 2021, we published the End-to-End Rape Review Report and Action Plan with the aim of more than doubling the number of adult rape cases reaching court by the end of this Parliament.
The volume of adult rape cases going through the system has already significantly increased: there were 440 Crown Court receipts in the second quarter of 2022, up 91% from the quarterly average in 2019. Adult rape convictions have also increased: there were 532 convictions in the year to June 2022, up 65% compared to the year to June 2021.
We are taking strong action to address victim attrition, including rolling out pre-recorded cross examination (Section 28) for victims of sexual and modern slavery offences in all Crown Court locations across England and Wales, more than quadrupling funding for victim support from £41m in 2009/10 to £192m by 2024/25, increasing the number of Independent Sexual and Domestic Abuse Advisors to over 1,000 by 2024/25 and in December we launched a single source of 24/7 support for victims of rape and sexual abuse meaning every victim can now access free, confidential emotional support whenever and wherever they need it.
Asked by: Ellie Reeves (Labour - Lewisham West and Penge)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many sexual offences were (a) reported, (b) charged and (c) resulted in a conviction in England and Wales in each month since July 2021.
Answered by Sarah Dines
Information on the number of offences recorded each quarter and the investigative outcomes of crimes including charges recorded by the police in England and Wales by offence category, for sexual offences, is routinely published by the Home Office here:
https://www.gov.uk/government/statistics/police-recorded-crime-open-data-tables.
Data on the number of convictions recorded by the police in England and Wales on a quarterly basis can be found in the Outcomes by Offence tool published as part of the Criminal Justice System Statistics publication for convictions here: