Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people convicted of rape in each of the last five years in England and Wales pleaded (a) guilty and (b) not guilty.
Answered by Chris Philp - Minister of State (Home Office)
The Ministry of Justice has published information on prosecutions and outcomes for rape offences, up to December 2019, in the ‘Outcomes by Offence’ data tool, available here:
Using the data tool above, type ‘rape’ in the ‘Offence’ filter and select all options (19C-H, using ‘Select Multiple Items’ tickbox) in order to see prosecutions and convictions for these offences.
It is not possible to produce a true proportion of trials that result in a conviction from the link above as the tables present the number of convictions at all courts in the year and the number of prosecutions at magistrates’ courts in the same period. For offences where the case takes a long time (especially apparent for rape), that means the convictions in the latest year can relate to prosecutions from earlier time periods. CPS publish a defendant level conviction rate, where convictions and prosecutions relating to the same case are matched and recorded in the same year.
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 Ministry of Justice has published information on pleas given at Crown Court for rape offences, up to December 2019, in the ‘Crown Court’ data tool, available here:
As above, type ‘rape’ in the ‘Offence’ filter and select all options (19C-H, using ‘Select Multiple Items’ tickbox). Use the ‘Plea at Crown Court’ filter to isolate figures for ‘Guilty’ or ‘Not Guilty’ pleas given.
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what (a) number and (b) proportion of rape trials ended in conviction in England and Wales in each of the last five years.
Answered by Chris Philp - Minister of State (Home Office)
The Ministry of Justice has published information on prosecutions and outcomes for rape offences, up to December 2019, in the ‘Outcomes by Offence’ data tool, available here:
Using the data tool above, type ‘rape’ in the ‘Offence’ filter and select all options (19C-H, using ‘Select Multiple Items’ tickbox) in order to see prosecutions and convictions for these offences.
It is not possible to produce a true proportion of trials that result in a conviction from the link above as the tables present the number of convictions at all courts in the year and the number of prosecutions at magistrates’ courts in the same period. For offences where the case takes a long time (especially apparent for rape), that means the convictions in the latest year can relate to prosecutions from earlier time periods. CPS publish a defendant level conviction rate, where convictions and prosecutions relating to the same case are matched and recorded in the same year.
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 Ministry of Justice has published information on pleas given at Crown Court for rape offences, up to December 2019, in the ‘Crown Court’ data tool, available here:
As above, type ‘rape’ in the ‘Offence’ filter and select all options (19C-H, using ‘Select Multiple Items’ tickbox). Use the ‘Plea at Crown Court’ filter to isolate figures for ‘Guilty’ or ‘Not Guilty’ pleas given.
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the effect of the January 2021 covid-19 restrictions on the mental and emotional wellbeing of children with (a) mothers and (b) fathers in the prison system.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
NHS England & Improvement and NHS Wales are responsible for the assessment of the mental health needs of those in prison. Whilst regime restrictions introduced to control the spread of COVID-19 have saved lives, we recognise that these measures may exacerbate the mental health needs of those in our care. It is therefore vital that these restrictions are proportionate.
Family contact provides a crucial lifeline for those in our care. It is important that those in prison are actively able to maintain outside contacts and meaningful family ties, especially with their children. Being able to communicate with those outside is part of providing a safe and decent environment for prisoners and contributes to a reduction in self-harm and suicide In response to the initial lockdown, we acted quickly to ensure that prisoners could stay in touch with their loved ones, providing 1,500 secure mobile handsets, every prisoner with at least £5 PIN credit per week and introduced secure video calls which are now available in all prisons at no cost to families.
Mother and Baby Units have operated in women’s prisons for a number of years, they enable mothers to have their children with them in prison during an important period of bonding. The units are often praised in HMIP reports. There are also many ad hoc provisions such as Storybook Dads which help to maintain contact with younger children.
HMPPS continues to balance the delivery of activities and time out of cell that is both decent and COVID-safe, striving for as generous as possible regime offer with necessary restrictions in place focusing on protecting the health and lives of staff and residents. The lifting of some restrictions within our establishments will be done carefully and gradually, and only when it is judged to be appropriate for each individual site, noting the risks that the prison estate continues to manage.
The COVID-19 pandemic and the regime restrictions introduced in response to it have brought new and different challenges, but maintaining safety, mental health and wellbeing of prisoners remains a priority. We have produced a range of products to support Governors in devising and implementing local safety and welfare plans designed to mitigate risks. This has included resources for staff assisting prison residents who might be struggling, such as guidance on understanding and supporting someone who is self-harming.
To support wellbeing and address anxiety and boredom, we have developed distraction packs, in cell activities and a range of self-help materials, including a Wellbeing Plan, created with input from mental health charity Mind. The Samaritans phone service has remained available and we are working with them to ensure their Listener scheme continues to facilitate peer support between prisoners.
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment his Department has made of the effect of the January 2021 covid-19 restrictions on the mental and emotional wellbeing of (a) new fathers in the prison system, (b) new mothers in the prison system and (c) and the prison population.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
NHS England & Improvement and NHS Wales are responsible for the assessment of the mental health needs of those in prison. Whilst regime restrictions introduced to control the spread of COVID-19 have saved lives, we recognise that these measures may exacerbate the mental health needs of those in our care. It is therefore vital that these restrictions are proportionate.
Family contact provides a crucial lifeline for those in our care. It is important that those in prison are actively able to maintain outside contacts and meaningful family ties, especially with their children. Being able to communicate with those outside is part of providing a safe and decent environment for prisoners and contributes to a reduction in self-harm and suicide In response to the initial lockdown, we acted quickly to ensure that prisoners could stay in touch with their loved ones, providing 1,500 secure mobile handsets, every prisoner with at least £5 PIN credit per week and introduced secure video calls which are now available in all prisons at no cost to families.
Mother and Baby Units have operated in women’s prisons for a number of years, they enable mothers to have their children with them in prison during an important period of bonding. The units are often praised in HMIP reports. There are also many ad hoc provisions such as Storybook Dads which help to maintain contact with younger children.
HMPPS continues to balance the delivery of activities and time out of cell that is both decent and COVID-safe, striving for as generous as possible regime offer with necessary restrictions in place focusing on protecting the health and lives of staff and residents. The lifting of some restrictions within our establishments will be done carefully and gradually, and only when it is judged to be appropriate for each individual site, noting the risks that the prison estate continues to manage.
The COVID-19 pandemic and the regime restrictions introduced in response to it have brought new and different challenges, but maintaining safety, mental health and wellbeing of prisoners remains a priority. We have produced a range of products to support Governors in devising and implementing local safety and welfare plans designed to mitigate risks. This has included resources for staff assisting prison residents who might be struggling, such as guidance on understanding and supporting someone who is self-harming.
To support wellbeing and address anxiety and boredom, we have developed distraction packs, in cell activities and a range of self-help materials, including a Wellbeing Plan, created with input from mental health charity Mind. The Samaritans phone service has remained available and we are working with them to ensure their Listener scheme continues to facilitate peer support between prisoners.
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Minister for Women and Equalities, if she will reintroduce Section 124 of the Equality Act 2010 enabling tribunals to make wider recommendations to tackle discrimination in the workforce.
Answered by Elizabeth Truss
Section 124 (3)(b) of the Equality Act 2010 was repealed in the Deregulation Act 2015. Following consultation in 2013, the Government decided that wider recommendations by tribunals, which were not mandatory on employers, did not serve any useful purpose, yet created a perception of burden and unfairness for business - the estimated cost of making wider recommendations to employers who did implement them was about £2000.
Tribunals already had and continue to have the power to make critical observations about an employer’s processes and procedures. We have no plans to reinstate Section 124(3)(b) of the Act.
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Minister for Women and Equalities, if she will reintroduce section 138 of the Equality Act 2010 setting out the discrimination and equal pay questionnaire procedure for the collection of information by someone who thinks they may have been unlawfully discriminated against from the person or provider who is thought to be responsible for the unlawful treatment.
Answered by Elizabeth Truss
Section 138 of the Equality Act 2010 was repealed in the Enterprise and Regulatory Reform Act 2013. The government has no plans to reinstate these provisions. Employees can still put questions to their employer or former employer concerning a claim under the Act if they wish. A Court or Tribunal may consider any relevant questions and answers as part of the evidence of the case, and may draw inferences if questions are not answered. At the time of the repeal ACAS produced a good practice guide with advice on how to do this, which can be found here: https://archive.acas.org.uk/index.aspx?articleid=4971
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Minister for Women and Equalities, how much funding from the public purse the Equality and Human Rights Commission has received in each of the last five years.
Answered by Elizabeth Truss
Funding received by the Equalities and Human Rights Commission in the last five years is set out in the table below;
| 2015-16 | 2016-17 | 2017-18 | 2018-19 | 2019-20 |
Total | £23,542,000 | £20,415,029 | £19,345,000 | £18,349,000 | £17,431,000 |
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many women have been killed by men who claim rough sex as a defence to murder, in each of the last five years in England and Wales.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The law states that a victim is unable to consent to actual bodily harm or other serious injury, including death. Defendants who claim consent to such activity remain liable to prosecution.
The Ministry of Justice collects information on defendants that are prosecuted and convicted of specific criminal offences in England and Wales (i.e. murder, manslaughter, etc) in any given year. Information is not collated on whether a prosecution or conviction relied on a defendant’s claim in their defence, that death had resulted from rough sex gone wrong. This may be a matter of court record but such information could only be obtained at disproportionate cost.
Under the provisions of the Domestic Abuse Bill, the general functions of the Domestic Abuse Commissioner will include encouraging good practice in the prevention, detection, investigation and prosecution of offences involving domestic abuse. Specified public authorities, including chief officers of police and the Crown Prosecution Service, will be under a duty to cooperate with the Commissioner where it is reasonably practical to do so. The duty to cooperate could include, for example, responding to requests for information from the Commissioner. As an independent office holder, it will be for the Commissioner to determine how best to discharge her functions and exercise her powers.”
Asked by: Harriet Harman (Labour - Camberwell and Peckham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will take steps to ensure that it is a requirement of the new Domestic Abuse Commissioner to record information on the number of women killed by men who claim rough sex as a defence to murder in England and Wales.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The law states that a victim is unable to consent to actual bodily harm or other serious injury, including death. Defendants who claim consent to such activity remain liable to prosecution.
The Ministry of Justice collects information on defendants that are prosecuted and convicted of specific criminal offences in England and Wales (i.e. murder, manslaughter, etc) in any given year. Information is not collated on whether a prosecution or conviction relied on a defendant’s claim in their defence, that death had resulted from rough sex gone wrong. This may be a matter of court record but such information could only be obtained at disproportionate cost.
Under the provisions of the Domestic Abuse Bill, the general functions of the Domestic Abuse Commissioner will include encouraging good practice in the prevention, detection, investigation and prosecution of offences involving domestic abuse. Specified public authorities, including chief officers of police and the Crown Prosecution Service, will be under a duty to cooperate with the Commissioner where it is reasonably practical to do so. The duty to cooperate could include, for example, responding to requests for information from the Commissioner. As an independent office holder, it will be for the Commissioner to determine how best to discharge her functions and exercise her powers.”