Rape: Remand in Custody

Attorney General written question – answered on 19th September 2017.

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Photo of Diana R. Johnson Diana R. Johnson Labour, Kingston upon Hull North

To ask the Attorney General, how many applications were made to extend custody time limits (CTLs) in cases of alleged rape under the Sexual Offences Act 2003 where the defendant was remanded in custody in each year since 2009-10; and on how many occasions the Chief Crown Prosecutor was informed of a failure by the criminal justice system to adhere to CTLs in each of those years.

Photo of Jeremy Wright Jeremy Wright The Attorney-General

The Crown Prosecution Service (CPS) does not collect data on the number of applications made to the courts to extend custody time limits in cases in which rape is alleged. This information could only be obtained by examining CPS case files, which would incur disproportionate cost.

To assist in the effective management of its prosecution functions the CPS maintains Custody Time Limit Failure Log. Data from that log showing the number of failures in rape cases in each year since 2011/12 for which the CPS was primarily responsible, and as a percentage of the total number of prosecutions in the year, is contained in the table below. In one of the CTLs listed, no application was made to extend. In the remainder, an application was made but refused by the court.

Earlier data are not available without incurring disproportionate cost. Data for the years 2009/10 and 2010/11 are not available.

2011-2012

2012-2013

2013-2014

2014-2015

2015-2016

2016-2017

Prosecutions

3,864

3,692

3,891

4,536

4,643

5,190

CTL failures

2

2

0

3

1

2

%

0.05%

0.05%

0.00%

0.07%

0.02%

0.04%

This data includes prosecution for rape under the Sexual Offences Act 2003 and the Sexual Offences Act 1956 where the allegation occurred whilst that legislation was in force.

The Crown Prosecution Service does not collect data on the number of alleged rape cases in which the criminal justice system failed to adhere to custody time limits. There will be cases in which a custody time limit is not extended for reasons that do not involve any criticism of the CPS.

The Crown Prosecution Service monitors every case prosecuted by the CPS which is the subject of a custody time limit to ensure compliance with the regime.

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