Asked by: Alex Davies-Jones (Labour - Pontypridd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment he has made of the effectiveness of polygraph testing in high-risk domestic abuse cases.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Prior to polygraph testing being rolled out across the Probation Service in 2014, an evaluation of its effectiveness with high-risk sex offenders on licence was undertaken and a report published in 2012. The report is publicly available here: The evaluation of the mandatory polygraph pilot (publishing.service.gov.uk).
In July 2021 the Ministry of Justice commenced a three-year pilot of polygraph examinations with high-risk domestic abuse perpetrators on licence. The aim of the pilot is to evaluate the efficacy of polygraph in managing high-risk domestic abuse perpetrators using a randomised control trial which is being independently evaluated by the Cambridge Centre for Evidence Based Policing. The pilot also includes a process evaluation and, as part of that, we will seek the views of external stakeholders, including victim and survivor groups, about the use of polygraph testing with this group.
At the end of the pilot, the evaluation report will be laid before both Houses and will be used to make a decision whether to roll it out across probation nationally. Once the evaluation has been completed it will be published on gov.uk.
Due to it currently being piloted, the polygraph policy framework does not currently cover testing of domestic abuse perpetrators. However, the policy sets out the general requirements for how probation practitioners must liaise with partner agencies when a sex offender or terrorist offender is subject to polygraph testing. They are required to inform relevant partner agencies that someone has a polygraph testing condition on their licence and of the outcomes of any tests which take place, including any significant disclosures the person makes. The polygraph policy framework is publicly available here: Polygraph examination policy framework - GOV.UK (www.gov.uk)
Asked by: Alex Davies-Jones (Labour - Pontypridd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent assessment he has made of the potential merits of sharing the results of polygraph testing in high-risk domestic abuse cases with (a) multi-agency partners and (b) specialist services to inform risk assessment and safety planning.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Prior to polygraph testing being rolled out across the Probation Service in 2014, an evaluation of its effectiveness with high-risk sex offenders on licence was undertaken and a report published in 2012. The report is publicly available here: The evaluation of the mandatory polygraph pilot (publishing.service.gov.uk).
In July 2021 the Ministry of Justice commenced a three-year pilot of polygraph examinations with high-risk domestic abuse perpetrators on licence. The aim of the pilot is to evaluate the efficacy of polygraph in managing high-risk domestic abuse perpetrators using a randomised control trial which is being independently evaluated by the Cambridge Centre for Evidence Based Policing. The pilot also includes a process evaluation and, as part of that, we will seek the views of external stakeholders, including victim and survivor groups, about the use of polygraph testing with this group.
At the end of the pilot, the evaluation report will be laid before both Houses and will be used to make a decision whether to roll it out across probation nationally. Once the evaluation has been completed it will be published on gov.uk.
Due to it currently being piloted, the polygraph policy framework does not currently cover testing of domestic abuse perpetrators. However, the policy sets out the general requirements for how probation practitioners must liaise with partner agencies when a sex offender or terrorist offender is subject to polygraph testing. They are required to inform relevant partner agencies that someone has a polygraph testing condition on their licence and of the outcomes of any tests which take place, including any significant disclosures the person makes. The polygraph policy framework is publicly available here: Polygraph examination policy framework - GOV.UK (www.gov.uk)
Asked by: Alex Davies-Jones (Labour - Pontypridd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether needing to breast feed a child is a legitimate reason to (a) postpone or (b) be exempted from jury service.
Answered by Chris Philp - Minister of State (Home Office)
Breastfeeding jurors who wish to undertake jury service can discuss their needs with the court to ensure that they can be supported during their service. This support could include providing a place to express milk and suitable storage for expressed milk. HMCTS will be guided by the needs of the individual and will meet any reasonable request wherever possible.
All jurors, including breastfeeding women, can apply to change the date of their jury service to another date within a 12-month period of the original summons. This is known as a deferral. If a juror believes they cannot serve at any time during those 12 months, they can apply to be excused. Deferral and excusal applications are considered by summoning officers at the Jury Central Summoning Bureau (JCSB) Each application is carefully considered on its own merits and in light of individual circumstances.
Asked by: Alex Davies-Jones (Labour - Pontypridd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what provisions his Department have put in place to support breast feeding women who are called to undertake jury service.
Answered by Chris Philp - Minister of State (Home Office)
Breastfeeding jurors who wish to undertake jury service can discuss their needs with the court to ensure that they can be supported during their service. This support could include providing a place to express milk and suitable storage for expressed milk. HMCTS will be guided by the needs of the individual and will meet any reasonable request wherever possible.
All jurors, including breastfeeding women, can apply to change the date of their jury service to another date within a 12-month period of the original summons. This is known as a deferral. If a juror believes they cannot serve at any time during those 12 months, they can apply to be excused. Deferral and excusal applications are considered by summoning officers at the Jury Central Summoning Bureau (JCSB) Each application is carefully considered on its own merits and in light of individual circumstances.
Asked by: Alex Davies-Jones (Labour - Pontypridd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the average waiting time was to examine digital devices at Digital Investigation Units across the UK in the most recent period for which figures are available.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
HMPPS Digital Media Investigation Unit is a specialist Digital Team whose responsibilities include the extraction of data from illicit mobile devices found in prison custody.
Average waiting times for centrally processed devices are relatively short – under 5 days.
In addition, Digital Media Investigation Unit has put in place capability for local extraction within prisons. The average waiting time for these interrogations is not held centrally.
It is important to note that these waiting times are not directly comparable with Law Enforcement Partners due to different operating contexts. DMIU does not extract data from every illicit device found in custody and on occasion some devices may be sent to Law Enforcement partners when dealing with specific investigations. Data for such waiting times is not held centrally.
The data provided is specific to those extractions completed by HMPPS relating to HMPPS cases and therefore does not include any other Digital Investigation Units such as the Police or related Law Enforcement Agencies.
Asked by: Alex Davies-Jones (Labour - Pontypridd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he plans to publish the end to end review on rape before the end of 2019-21 parliamentary session.
Answered by Chris Philp - Minister of State (Home Office)
The Government recognises that the decline in the number of rape and serious sexual offences being charged and prosecuted in England and Wales is a cause for significant concern. That is why we are carrying out an end-to end review of how the Criminal Justice System responds to rape. Through this review we are working with operational partners from across the Criminal Justice system including the police, CPS and victims’ groups to ensure we can improve the way rape cases are dealt with.
The Government intends to publish the report in the Spring.
Asked by: Alex Davies-Jones (Labour - Pontypridd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, for what reasons the Government has not published its end-to-end review of rape; and if he will make a statement.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Government recognises that the decline in the number of rape and serious sexual offences being charged and prosecuted in England and Wales is a cause for significant concern. That is why we are carrying out an end-to-end review of how the Criminal Justice System responds to rape. Through this review we are working with operational partners from across the Criminal Justice system including the police, CPS and victims’ groups to ensure we can improve the way rape cases are dealt with.
The Government wants to make sure that the final report, when published, is as well evidenced and effective as possible, so that it delivers meaningful and long-lasting change. In order to take into account recently published work, including the EVAW ‘Shadow Review’ document, and make sure we define the right actions for the police, CPS and courts to take, we think it is right to delay publication until this spring – a decision that was supported by organisations across the victims’ sector.
We will update the House in due course on the progress of the report.
Asked by: Alex Davies-Jones (Labour - Pontypridd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many convictions there were for offences relating to animal cruelty in (a) England and (b) Wales in each year since 2015; and if he will make a statement.
Answered by Chris Philp - Minister of State (Home Office)
The Ministry of Justice has published information on prosecutions and convictions relating to animal cruelty, in England and Wales, up to December 2019, available in the ‘Principal offence proceedings and outcomes by Home Office offence code’ data tool, here:
In the data tool linked above, use the ‘Offence’ filter to select the following offences:
In order to specify data from Wales, use the ‘Police Force Area’ filter to select only North Wales, South Wales, Gwent and Dyfed-Powys. In order to specify data from England, select all forces except those above and ‘Special/miscellaneous and unknown police forces’
Asked by: Alex Davies-Jones (Labour - Pontypridd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many youth cautions have been given by the police for a sexual offence in England and Wales in each year from 2015.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
There are two types of caution available for children aged 10-17: a youth caution and a youth conditional caution. These can be used as an alternative to prosecution for any offence admitted by a child where there is sufficient evidence for a realistic prospect of conviction, but it is not in the public interest to prosecute. A youth conditional caution has conditions attached - where there is no reasonable excuse for non-compliance with conditions, criminal proceedings may be brought.
The table below shows the aggregated number of both types of youth caution where the principal offence (where there is more than one offence, the principal offence is the more serious) was a sexual offence. 8,552 cautions were issued to children in the year ending March 2019, meaning that cautions where the principal offence was a sexual offence made up around 2% of all cautions issued to children in that year.
| Year ending March | ||||
Offence type | 2015[1] | 2016 | 2017 | 2018 | 2019 |
Sexual offences | 303 | 277 | 248 | 151 | 133 |
This information can be found at:
https://www.gov.uk/government/statistics/youth-justice-statistics-2018-to-2019 in the document "Youth Justice Statistics: 2018 to 2019: supplementary tables", chapter 1, table 1.12.
The Sexual Offences Act 2003 significantly modernised and strengthened the laws on sexual offences in England and Wales to provide extra protection to people from sexual exploitation. The sentences available to the courts for offences under the Act are significant and reflect the seriousness of the offending.
The Home Office also publishes the investigative outcomes of crimes recorded by the police in England and Wales, including the number resolved through a police caution. This data is published quarterly and can be found here: https://www.gov.uk/government/statistics/police-recorded-crime-open-data-tables
Any discrepancies between the two sets of data are due to differences in recording practices.
[1] In the year ending March 2016 the offence groups used as the reason for giving a youth caution were updated to match the groups used in crime statistics. Therefore, data broken down by offence group from the year ending March 2016 onwards are not directly comparable with previous data.
Asked by: Alex Davies-Jones (Labour - Pontypridd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people have received a police caution for rape in England and Wales in each year since 2015.
Answered by Chris Philp - Minister of State (Home Office)
The Criminal Justice and Courts Act 2015 placed new restrictions on the use of Cautions for Indictable only offences (such as Rape) for offenders over 18. This restricted their use to exceptional circumstances, and only with the consent of the Director of Public Prosecutions.
The Ministry of Justice has published information on police cautions issued for rape offences, up to December 2018, in the ‘Outcomes by Offence’ data tool, available here:
Using the data tool above, type ‘rape’ in the ‘Offence’ filter. Select all options (19C-H, using ‘Select Multiple Items’ tickbox) in order to see police cautions for all rape offences. Number of cautions issued can be identified for each year from 2008 to 2018 in Row 23.
The figures relate to defendants for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.
The Out of Court Disposals framework is currently being reformed following the announcement of the Lord Chancellor in the Sentencing White Paper in September 2020:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/918187/a-smarter-approach-to-sentencing.pdf. Legislation will be brought forward in due course.