DNA database row: How rape arrests do not lead to charges?
22 June, 2011 - 16:56 -- Patrick Casey
Today's Prime Ministers Questions clash between Ed Miliband and David Cameron saw a row over the effects of changes to the rules covering the DNA database. Could the records 5,000 people arrested for rape but not charged be affected?
"Around 5,000 people each year are arrested on suspicion of rape and not charged. In certain cases these individuals have gone on to commit further offences and be convicted as a result of the DNA that is held on the National Database."
Ed Miliband, Labour leader, Prime Ministers Questions 22 June 2011
Following the row over reduced sentences for criminals who plead guilty, a new aspect to the law and order debate was opened by Ed Miliband at today's Prime Minister's Questions.
He warned about the possible implications of government moves to reduce the amount of people with records held on the National DNA Database (explained here).
Under the plans, those who are arrested but not changed in relation to a crime would no longer have their records kept indefinitely.
In cases where a person is arrested for a serious offence (including rape) but not charged, they will only have their details retained if it is agreed to by a Commissioner on Biometric data. The Home Office explained to Full Fact that this would be in cases such as where the victim was under 18, a vulnerable adult, or in a close relationship with the person arrested. We were told details could also be held on grounds of protecting public safety.
Today Mr Miliband warned that the policy could have an impact on the police's ability to catch rapists, as the DNA samples of these people could prove crucial in future cases.
But are there 5,000 such rape cases that could be affected by the change?
Analysis
The figures used by Mr Miliband had already been quoted in a piece earlier this month in The Sunday Times, when it was Shadow Home Secretary Yvette Cooper who was warning about the changes to the DNA database.
Full Fact contacted Ms Coopers' office who were able to provide the figures behind the claim.
They come from a Crown Prosecution Service report on violence against women, which details how many defendants were charged by with rape, shown in the table below.
Subtracting the 2,798 defendants who were charged with rape from the 7,683 defendants who were charged with rape in 2009-10, gives the 4,885 figure cited in the Sunday Times, and the “around 5,000” quoted by Mr Miliband.
This does include over 600 people in the 'other' outcomes category. The CPS report states that these include “where a caution, reprimand or final warning are given; where the offence has been taken into consideration in relation to other charges; or where the defendant has failed to answer to bail and a warrant is outstanding.
The report does explain that these numbers are based on internal CPS data, and are not official figures.
Mr Miliband is wrong to say that around 5,000 people are not charged "each year". The corresponding figures for 2008-9 and 2007-8 were 4,032 and 3,552 respectively.
But how much effect will the Government's proposal have on convictions? Unfortunately there is no data covering this, or detail generally on the operation of the DNA database.
Following a Parliamentary Question on the issue, Home Office Minister James Brokenshire said that data was not centrally compiled on how many convictions for rape had come through evidence from the DNA Database.
Figures were provided in a question about the number of DNA matches, 36,999 for the most recent year of data. But there is no breakdown by type of offence.
Over at Straight Statistics, Nigel Hawkes has however uncovered a bit more detail. He explains that when Alan Johnson was Home Secretary, figures he gave to the House of Commons showed in 2008-09 there had been 79 matches to innocent DNA profiles in cases of rape, murder and manslaughter and that in 36 cases the DNA match was vital to securing a conviction.
While Yvette Cooper's office acknowledged the lack of data in this area, examples do exist, such as that of John Worboys, who was found guilty of 19 charges of drugging and sexually assaulting female passengers, but had previously been arrested then freed in 2007. However, according to the Independent Police Complaints Commission, Mr Warboys arrest at that time was for sexual assault, rather than rape.
Conclusion
On the narrow issue of Mr Miliband's claim, the figures are backed up by the Crown Prosecution Service report, although the figure has not been as high in previous years as in the most recent year.
However how significant these figures are in the wider debate about reforms to the DNA database can only be judged with more detail, which it seems is not particularly easy to get hold of.
Ed Miliband, Labour leader, Prime Ministers Questions 22 June 2011
Following the row over reduced sentences for criminals who plead guilty, a new aspect to the law and order debate was opened by Ed Miliband at today's Prime Minister's Questions.
He warned about the possible implications of government moves to reduce the amount of people with records held on the National DNA Database (explained here).
Under the plans, those who are arrested but not changed in relation to a crime would no longer have their records kept indefinitely.
In cases where a person is arrested for a serious offence (including rape) but not charged, they will only have their details retained if it is agreed to by a Commissioner on Biometric data. The Home Office explained to Full Fact that this would be in cases such as where the victim was under 18, a vulnerable adult, or in a close relationship with the person arrested. We were told details could also be held on grounds of protecting public safety.
Today Mr Miliband warned that the policy could have an impact on the police's ability to catch rapists, as the DNA samples of these people could prove crucial in future cases.
But are there 5,000 such rape cases that could be affected by the change?
Analysis
The figures used by Mr Miliband had already been quoted in a piece earlier this month in The Sunday Times, when it was Shadow Home Secretary Yvette Cooper who was warning about the changes to the DNA database.
Full Fact contacted Ms Coopers' office who were able to provide the figures behind the claim.
They come from a Crown Prosecution Service report on violence against women, which details how many defendants were charged by with rape, shown in the table below.
Subtracting the 2,798 defendants who were charged with rape from the 7,683 defendants who were charged with rape in 2009-10, gives the 4,885 figure cited in the Sunday Times, and the “around 5,000” quoted by Mr Miliband.
This does include over 600 people in the 'other' outcomes category. The CPS report states that these include “where a caution, reprimand or final warning are given; where the offence has been taken into consideration in relation to other charges; or where the defendant has failed to answer to bail and a warrant is outstanding.
The report does explain that these numbers are based on internal CPS data, and are not official figures.
Mr Miliband is wrong to say that around 5,000 people are not charged "each year". The corresponding figures for 2008-9 and 2007-8 were 4,032 and 3,552 respectively.
But how much effect will the Government's proposal have on convictions? Unfortunately there is no data covering this, or detail generally on the operation of the DNA database.
Following a Parliamentary Question on the issue, Home Office Minister James Brokenshire said that data was not centrally compiled on how many convictions for rape had come through evidence from the DNA Database.
Figures were provided in a question about the number of DNA matches, 36,999 for the most recent year of data. But there is no breakdown by type of offence.
Over at Straight Statistics, Nigel Hawkes has however uncovered a bit more detail. He explains that when Alan Johnson was Home Secretary, figures he gave to the House of Commons showed in 2008-09 there had been 79 matches to innocent DNA profiles in cases of rape, murder and manslaughter and that in 36 cases the DNA match was vital to securing a conviction.
While Yvette Cooper's office acknowledged the lack of data in this area, examples do exist, such as that of John Worboys, who was found guilty of 19 charges of drugging and sexually assaulting female passengers, but had previously been arrested then freed in 2007. However, according to the Independent Police Complaints Commission, Mr Warboys arrest at that time was for sexual assault, rather than rape.
Conclusion
On the narrow issue of Mr Miliband's claim, the figures are backed up by the Crown Prosecution Service report, although the figure has not been as high in previous years as in the most recent year.
However how significant these figures are in the wider debate about reforms to the DNA database can only be judged with more detail, which it seems is not particularly easy to get hold of.
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