§ Mr. Campbell-SavoursTo ask the Secretary of State for the Home Department if he will list those persons who have been jailed in the last 10 years, as a result of(a) a conviction for rape and (b) a charge of rape and who were released as a result of withdrawal of the accusation by the alleged victim. [144925]
§ Mr. Charles ClarkeIt is not possible to answer this question on the basis of routinely collected data. A special data collection exercise would involve disproportionate cost. Police and magistrates court records indicate that in 1999 just over 40 per cent. of those charged or referred to court on a rape charge were held or remanded in custody, although these data are of poor quality. Of those committed to the Crown court, more than half (53 per cent.) were held in custody. Due to the seriousness of the offence, those bailed would invariably be subject to conditions—36 per cent. in recent Home Office research. Home Office research also suggests that the Crown Prosecution Service (CPS) discontinues very few rape cases after charge on the basis of a withdrawal by the alleged victim. Where victims withdraw, this usually occurs while the case is still under investigation by the police, leading either to the categorisation of the case as a "no crime" or to no further police action.
No information is available about the number of convicted and jailed rape offenders who are released following a withdrawal by the alleged victim. In such cases, release would usually follow a reference of the case back to the Court of Appeal by the Criminal Cases Review Commission and the Commission does not maintain statistics on a basis which would enable the question to be answered.
544WThe CPS Inspectorate and Her Majesty's Inspectorate of Constabulary are due to begin a thematic review of the investigation and prosecution of rape cases in April, reporting in September. Among other issues, the review will examine to what extent cases are dropped after charge or overturned following conviction on the basis of withdrawal by the alleged victim.
We fully recognise the need for the law to be both effective in prosecuting the guilty but also fair to the accused. That is why the review on sex offences we set up was tasked with providing clear and coherent sex offences which will be fair and non-discriminatory in accordance with the European Convention on Human Rights and the Human Rights Act 1998. We published the recommendations to Government of the Review—contained in "Setting The Boundaries"—in July last year. The consultation period closes on 1 March.