Offences Against the Person Act 1861 Section 24

2021-11-18

TAGS
Response quality

Questions & Answers

Q1 Partial Answer
Chris Elmore Lab
Bridgend
Context
Reports indicate a rise in spiking cases, leading to concerns about prosecution rates under section 24.
What steps she is taking to help improve prosecution levels relating to section 24 of the Offences Against the Person Act 1861. The recent increase in reports of spiking highlights the need for action to ensure victims find recourse through the criminal justice system and perpetrators face full legal consequences.
The Crown Prosecution Service treats maliciously administering poison as a high-harm offence. In 2020-21, the CPS brought 222 charges under section 24, up by 22% from the previous year.
Assessment & feedback
The answer did not address steps being taken to improve prosecution levels but provided statistics on current levels.
Provides Statistics Without Addressing Specific Ask
Response accuracy
Q2 Partial Answer
Chris Elmore Lab
Bridgend
Context
There is a concern that the current legislative framework does not adequately address the issue of spiking.
The Attorney General agrees it is concerning to see huge numbers of spiked individuals unable to find recourse through the criminal justice system. Does he further agree that simply waiting for police feedback is insufficient, and calls for a Government review of legislation to ensure victims can seek redress?
The Home Secretary has asked the National Police Chiefs' Council to urgently review spiking cases. CPS Wales saw a 46% increase in prosecutions for section 24 offences, while other legal avenues like sections 23 and 61 can also address such crimes.
Assessment & feedback
The answer did not directly support reviewing legislation but provided alternative frameworks that could be used.
Offered Alternative Legal Pathways Without Addressing Specific Ask
Response accuracy
Q3 Partial Answer
Context
There is a concern that sentences for spiking may not reflect the seriousness of the crime.
Women and girls feel vulnerable to being spiked in pubs and nightclubs. The maximum penalty under section 24 is 10 years, but how many convicted have received this sentence?
Section 23 and section 61 can be used under certain circumstances, each carrying a maximum of 10 years. In 2020-21, there were 10 charges for both offences.
Assessment & feedback
The answer did not address the number of sentences handed out but provided alternative legal bases and statistics on prosecutions.
Provided Other Legal Avenues Without Addressing Specific Ask
Response accuracy
Q4 Partial Answer
Ellie Reeves Lab
Lewisham West and East Dulwich
Context
Recent reports suggest an increase in women being spiked, leading to a call for Government action.
Chilling reports indicate an epidemic of violence against women, with 1,223 spiking cases reported but only 88 convictions. Will the Attorney General confirm support for Labour's amendment calling for a wide-ranging review into spiking prevalence and criminal justice system response?
The Home Secretary has asked for an urgent review of spiking cases. The Government supports initiatives to improve women's safety, including the £5 million safety fund and the £25 million safer streets fund.
Assessment & feedback
The answer did not confirm support for Labour's amendment but mentioned other initiatives.
Mentioned Other Initiatives Without Addressing Specific Ask
Response accuracy