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12 Feb 2009 : Column 2229W—continued

Departmental Temporary Employment

Grant Shapps: To ask the Secretary of State for Justice how much has been spent by his Department on (a) agency and (b) temporary staff in each financial year since its inception. [251428]

Maria Eagle: Expenditure by Departments on agency and temporary staff costs has been disclosed in departmental resource accounts since 2005-06.

The Ministry of Justice was established on 9 May 2007. The Ministry’s first set of resource accounts for 2007-08 reported expenditure for the whole of the new Department as if it had existed since 1 April 2007 i.e. for the former Department for Constitutional Affairs (DCA), the National Offender Management Service (NOMS) and the Office of Criminal Justice Reform (OCJR). Expenditure prior to 2007-08 is disclosed within the Department of Constitutional Affairs (DCA) and Home Office resource accounts. It is only possible to disaggregate expenditure by NOMS and OCJR from the Home Office’s accounts at disproportionate cost.

On this basis, expenditure on agency and temporary staff is as follows:

Expenditure on agency and temporary staff costs in the financial year 2008-09 has not been reported as the Ministry does not yet have full year audited figures to report. The use of temporary staff is something that the Ministry considers appropriate to cover short-term needs on a temporary basis.


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HM Courts Service: Finance

David Howarth: To ask the Secretary of State for Justice pursuant to the answer of 12 January 2009, Official Report, column 512W, on HM Courts Service: finance, what assessment he has made of the accuracy of his Department's (a) estimate and (b) assumptions against the actual volume of cases handled. [254287]

Mr. Straw: The assessment of the accuracy of the assumptions and estimated income is revisited in the current financial year and is based on recent volatility of and identifiable trends in the volumes of cases in past and current years. Using prior year volumes, based on historical actuals, and multiplying the total by the fee charge provides the basis of the fee income forecast for the financial year. In addition the impact, on the forecasted fee income, is adjusted to take into account known impacts from proposed changes to fee policy in the coming year, for example new fee charges. Throughout the year the fee income forecast and the assumptions against volume are revisited on a monthly basis, using actual data captured. Any substantial changes to volume trends, that can be identified, are factored in and adjustments made to the income forecast.

Legal Services Commission: Wales

Dr. Francis: To ask the Secretary of State for Justice what recent discussions he has had on the future of the Legal Services Commission in Wales with (a) the Secretary of State for Wales and (b) the First Minister; and if he will make a statement. [255543]

Mr. Malik: My noble Friend Lord Bach, Minister for Legal Aid, has briefly discussed this matter with the First Minister for Wales. He has also corresponded with Brian Gibbons AM, the relevant Welsh Assembly Minister, as well as with Wales Office Ministers.

My noble Friend and I will continue to work closely with the Welsh Assembly Government, the Wales Office and the Legal Services Commission to ensure that the final decisions on the Commission's efficiency savings take full account of the needs of Wales.

Monarchy: Succession

Norman Baker: To ask the Secretary of State for Justice what the status of the UK's reservation to Articles 9 and 10 of the European Convention on the legal status of children born out of wedlock is in respect of matters relating to succession to the Crown; what attempts were made to renew the reservation in or prior to September 2007; and if he will make a statement. [253843]

Mr. Straw: The reservation referred to is in fact a declaration. When renewing other UK reservations to this convention, we have also taken the opportunity to reaffirm our understanding of the meaning of Articles 9 and 10. The UK reservations to the Convention were originally made in 1981, and were renewed in 1986, 1994, 1991 and 2002.


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Offences against Children

Mr. Grieve: To ask the Secretary of State for Justice (1) how many offenders (a) aged 18 years or over and (b) aged 21 years or over received a caution for sexual activity with a child under 13 in the last year for which data are available; [252812]

(2) what proportion of offenders (a) aged 18 years or over and (b) aged 21 years or over convicted of sexual activity with a child under 13 received (i) immediate custody, (ii) a suspended sentence, (iii) a community sentence, (iv) a fine, (v) a conditional or absolute discharge and (vi) other treatment in the last year for which data are available; [252813]

(3) what the average custodial sentence for those convicted of (a) rape of a female aged under 16 years, (b) rape of a male aged under 16 years, (c) rape of a female aged under 13 years and (d) rape of a male aged under 13 years was in the last 12 months. [252828]

Maria Eagle: Information on the number of offenders aged 18 to 20 and aged 21 and over cautioned for sexual activity with a child under 13 in England and Wales in 2007 (latest available) is contained in the following table.

The cautions statistics relate to persons for whom these offences were the principal offences for which they
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were dealt with. When a defendant has been cautioned for two or more offences at the same time the principal offence is the more serious offence.

Number of offenders aged 18 to 20 and 21 years and over cautioned for offences relating to sexual activity with a child aged under 13( 1) , England and Wales, 2007( 2,3)

Number

Aged 18-20

20

Aged 21 and over

64

(1) Includes the following statutes under the Sexual Offences Act 2003:
Sections 5, 6, 7, 8 (1)(2) and (3), 9 (1)(a)(b)(c)(ii) and (2) and (3). 10 (1)(a)(b)(c)(ii) and (3), 11 (1)(a)(b)(c)(d)(ii) and (2). 12 (1)(a)(b)(c)(ii) and 2, 25 (1)(e)(ii) and (2)-(4)(a)(b). 49 (1)(a)(b)(ii) and (2)
(2) The cautions statistics relate to persons for whom these offences were the principal offences for which they were dealt with When a defendant has been cautioned for two or more offences at the same time the principal offence is the more serious offence.
(3) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.
Source.
Evidence and Analysis Unit—Office for Criminal Justice Reform

The following table shows the proportion of offenders (a) aged 18 or over and (b) aged 21 years or over convicted of sexual activity with a child under 13.

Proportion of offenders given disposals for sexual activity with a child under 13, by age of offender, 2007
Age of offender Immediate custody (percentage) Suspended sentence (percentage)Age Community sentence (percentage) Fine (percentage) Conditional or absolute discharge (percentage) Otherwise dealt with (percentage) Total sentenced

Offenders aged between 18 and 20

72.7

9.1

16.0

0.0

1.2

0.9

581

Offenders aged 21 or over

74.3

8.8

15 3

0.0

0.8

0.8

498

Note:
These figures have been drawn from administrative data systems. Although care is taken when processing and analysing the returns, the detail collected is subject to the inaccuracies inherent in any large scale recording system.
Source:
OMS Analytical Services, Ministry of Justice

The proportion of those given various disposals is shown as a percentage of those sentenced. Lags in time between conviction and sentencing may mean that the total numbers convicted and sentenced in a year may not match.

The average custodial sentence for the rape of males and females under the age of 16 and 13 is contained in the following table.

Average custodial sentence length (ACSL)( 1) and number of determinate and indeterminate custodial sentences for rape of females and males under 13 and 16, 2007

ACSL (months) Indeterminate custodial sentences Determinate custodial sentences

Rape of a female under 16

108.2

38

193

Rape of a male under 16

88.5

5

15

Rape of a female under 13

73.5

21

52

Rape of a male under 13

50.3

15

13

1 ACSL excludes life/indeterminate sentences.
Note:
These figures have been drawn from administrative data systems. Although care is taken when processing and analysing the returns, the detail collected is subject to the inaccuracies inherent in any large scale recording system.
Source:
OMS Analytical Services, Ministry of Justice

When calculating average custodial sentence length only determinate custodial sentences are included. This may have the effect of making the ASCL appear lower for offences where a larger proportion of offenders are given indeterminate sentences.


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Office for Criminal Justice Reform: Costs

David Howarth: To ask the Secretary of State for Justice how much the monthly updates on the Criminal Justice System produced for the Prime Minister by the Criminal Justice Evidence and Analysis Unit of the Office of Criminal Justice Reform cost to produce in the last period for which figures are available; and if he will publish each of the monthly performance updates produced in 2007 and 2008. [247168]

Maria Eagle: This regular monthly report is no longer produced. The last report was submitted in March 2008. The reports will not be published as they contain policy advice which is covered by an exemption under the Freedom of Information Act Section (s36 2 (b) (i)).

Production costs are only available in respect of staff time undertaken each month to produce the report and as such it is not possible to provide an accurate or precise breakdown of these amounts.

Prisons: Wales

Mrs. Gillan: To ask the Secretary of State for Justice (1) on what date his Department plans to open the new prison in Caernarfon; [256474]

(2) how many prison places there will be in the new prison at Caernarfon. [256475]

Mr. Hanson: Decisions on the size of the new prison at Caernarfon and the operational date will be taken at a later date.


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Negotiations with the owner, confirmation that contamination on the site will not impede a prison development, and a successful application for outline planning permission will be the key issues on panel time scales.

Rape: Civil Proceedings

Lynne Jones: To ask the Secretary of State for Justice how many rape cases (a) reached court and (b) ended in the acquittal of the defendant in each of the last five years. [255435]

Maria Eagle: The number of defendants proceeded against at magistrates courts and acquitted at all courts for offences relating to rape, in England and Wales, 2003 to 2007 (latest available) can be viewed in the following table.

These data are on the principal offence basis. The figures given in the table on court proceedings relate to persons for whom these offences were the principal offence for which they were dealt with. When a defendant has been found guilty of two or more offences, the offence selected is the one 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.

Court proceedings data for 2008 will be available in the autumn of 2009.

Number of defendants proceeded against at magistrates courts and acquitted at all courts for offences relating to rape, in England and Wales, 2003-07( 1, 2, 3, 4, 5, 6)
2003 2004 2005 2006 2007

Proceeded against Acquitted at all courts Proceeded against Acquitted at all courts Proceeded against Acquitted at all courts Proceeded against Acquitted at all courts Proceeded against Acquitted at all courts

Absolute rape

2,550

1,023

2,453

966

2,558

1,021

2,335

982

2,138

885

Attempted rape

231

117

236

96

267

91

232

101

224

102

Total

2,781

1,140

2,689

1,062

2,825

1,112

2,567

1,083

2,362

987

(1) The statistics relate to persons 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 the principal offence 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.
(2) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.
(3) Includes the following statutes:
Sexual Offences Act 2003 s.l and 5
(4) The Sexual Offences Act 2003 came into force on 1 May 2004 and repeals previous Sexual Offences Acts.
(5) Acquitted at all courts refers to:
Proceedings discontinued, discharged, withdrawn, and dismissed at magistrates courts, and acquitted at crown court
(6) The number acquitted may include those prosecuted in previous years
Source:
Evidence and Analysis Unit—Office for Criminal Justice Reform

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