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Violence against Women and Girls Crime report contents

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Coroners <strong>and</strong> Justice Act 2009 s.71<br />

Modern Slavery Act 2015 s.1 <strong>and</strong> s.2<br />

The flag is applied at the outset of the case <strong>and</strong> will remain in place<br />

even if those charges are subsequently amended or dropped. If a<br />

case commences under a different offence but is then changed to a<br />

trafficking charge, the case should be flagged at that stage.<br />

From April 2013:<br />

ss.57, 58 <strong>and</strong> 59 of the Sexual Offences Act 2003 were replaced by<br />

s.59A SOA ; <strong>and</strong><br />

ss.4(1), (2) <strong>and</strong> (3) of the Asylum <strong>and</strong> Immigration [Treatment of<br />

Claimants] Act 2004; were repealed <strong>and</strong> replaced by s.4(1A) (1B)<br />

(1C) A&IA.<br />

Rape:<br />

any defendant charged with one or more of the following offences<br />

-<br />

s.1 Sexual Offences Act 1956<br />

s.5 Sexual Offences Act 1956<br />

o An attempt to commit one of the above offences<br />

under the Criminal Attempts Act 1981<br />

s.1 Sexual Offences Act 2003<br />

s.5 Sexual Offences Act 2003<br />

s.30(3) Sexual Offences act 2003<br />

o An attempt to commit one of the above offences<br />

under the Criminal Attempts Act 1981<br />

Incitement or conspiracy to commit any of the above offences<br />

Sexual offences exc. rape:<br />

any defendant whose principal offence category, at finalisation, is a<br />

sexual offence excluding rape.<br />

Performance management terms<br />

Monitoring flags:<br />

Principal offences:<br />

sensitive case types are identified using a number of monitoring<br />

flags, applied to relevant cases at the pre-charge stage. The flags<br />

allow managers to monitor proceedings during the life of the<br />

prosecution, <strong>and</strong> enable <strong>report</strong>ing of outcomes following the<br />

conclusion of the case. The data is accurate only to the extent that<br />

the flag has been correctly applied; there may be a small number of<br />

cases where the use of the flag has been omitted.<br />

Principal offence category: charged offences are allocated one of<br />

twelve offence categories to indicate the type <strong>and</strong> seriousness of<br />

the charges brought <strong>against</strong> the defendant. The Principal Offence<br />

Category indicates the most serious offence with which the<br />

defendant is charged at the time of finalisation. Where the nature<br />

of the charges alters during the life of a case, the Principal Offence<br />

at the time of finalisation may be different than would have<br />

seemed appropriate at an earlier stage of proceedings. In all such<br />

cases the Principal Offence category to be recorded is that which<br />

applies at finalisation, regardless of whether this is more serious,<br />

or less serious, than would have applied earlier in the life of the<br />

case.<br />

Where a defendant faces a mix of charges of which fall into<br />

different Principal Offence Categories, chose the most serious<br />

according to the following order of priority:<br />

107

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