§ Mr. NichollsTo ask the Solicitor-General against what criteria the public interest in prosecutions relating 649W to (a) buggery, (b) indecent assault and (c) gross indecency, relating to males aged under 16 years, is measured. [146443]
§ The Solicitor-GeneralThe Crown Prosecution Service reviews each case on its own facts and merits in accordance with the Code for Crown Prosecutors. There is a presumption in favour of proceeding in all cases in which there is sufficient evidence, unless there are public interest factors which clearly outweigh those factors in favour of a prosecution. There are a number of public interest factors which may be considered, depending on the circumstances of each individual case. A prosecution would usually be in the public interest where there is any element of seduction or corruption of the young.
Other relevant public interest considerations would include the relative ages of the parties; the nature of the relationship; any duty of care or breach of trust and whether there is any element of child abuse.
§ Mr. NichollsTo ask the Solicitor-General what changes in prosecution policy have been made in respect of the offences of(a) buggery, (b) indecent assault and (c) gross indecency, relating to males aged under 16 years, since 1997. [146444]
§ The Solicitor-GeneralThe Crown Prosecution Service reviews each case in accordance with the Code for Crown Prosecutors. This sets out the two-stage test which is applied in every case. The first stage is the evidential test. Only when that test is passed do prosecutors proceed to the second stage and consider whether it is in the public interest to proceed.
Since 1997 there have been two relevant pieces of legislation. The Sexual Offences (Amendment) Act 2000 came into force on the 8 January 2001. This Act reduces the age of consent for buggery and certain homosexual acts from 18 to 16 in England and Wales. It also decriminalises the conduct of the party under the age of consent where the other party is 16 years or older.
Part II of the Criminal Justice and Court Services Act 2000 came into force on 11 January 2001. Section 39 of this Act extends the age of the child against whom the offence of indecency with children can be committed from under 14 to under 16 years of age. Crown Prosecutors continue to apply both tests in accordance with the Code and with current legislation.