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Violence against Women and Girls Crime report contents

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Female Genital Mutilation<br />

The CPS policy lead chairs monthly telephone conferences with appointed CPS Area Female Genital<br />

Mutilation (FGM) leads. This is helpful in providing national updates on FGM <strong>and</strong> the Area leads<br />

provide updates on cases referred, challenges they encounter, FGM Protection Orders (FGMPOs) <strong>and</strong><br />

community engagement events. It also provides a useful forum for the exchange of experience in<br />

cases e.g. use of medical experts <strong>and</strong> raising issues to be addressed with other government<br />

departments.<br />

Legislation<br />

The CPS continues to work with government partners on developments <strong>and</strong> progress in addressing<br />

FGM. The Serious <strong>Crime</strong> Act 2015, which was given Royal Assent in March 2015, included provisions<br />

to strengthen the FGM Act 2003 <strong>and</strong> introduced new provisions which have all now come into force.<br />

These new provisions were to:<br />

extend the reach of the extra-territorial offences in the Female Genital Mutilation Act 2003<br />

(came into force May 2015);<br />

introduce a new offence of parental liability for failing to prevent FGM being carried out<br />

(came into force May 2015);<br />

grant victims of FGM lifelong anonymity from the time an allegation is made (came into force<br />

May 2015);<br />

provide for m<strong>and</strong>atory <strong>report</strong>ing of known cases of FGM where the victim is under 18 years<br />

of age for health professionals, teachers <strong>and</strong> social care staff (came into force October 2015);<br />

<strong>and</strong><br />

introduce an FGM protection order (a civil law remedy) to protect potential victims at risk<br />

(came into force July 2015).<br />

Guidance to prosecutors was revised <strong>and</strong> published to reflect these changes <strong>and</strong> new statutory<br />

guidance, to which the CPS contributed, was published in April 2016.<br />

Following implementation of amendments to the FGM Act 2003, additional cases have been referred<br />

to the CPS for early investigative advice; however the CPS has not been able to proceed with any of<br />

these.<br />

M<strong>and</strong>atory <strong>report</strong>ing for front-line professionals has resulted in increasing numbers of cases <strong>report</strong>ed<br />

to the police <strong>and</strong> Social Services, particularly by medical professionals. However, in the majority of<br />

cases a safeguarding response is more appropriate, coupled with application for an FGMPO, if<br />

needed. M<strong>and</strong>atory <strong>report</strong>ing has not only increased the number of <strong>report</strong>s for investigation, but it is<br />

also providing improved data on the extent <strong>and</strong> locations of FGM practising communities.<br />

The CPS has worked closely with medical professionals to promote the m<strong>and</strong>atory duty to <strong>report</strong>, in<br />

particular NHS Engl<strong>and</strong>, NHS Wales, Department of Health <strong>and</strong> the Royal Colleges of Midwives <strong>and</strong><br />

Obstetrics <strong>and</strong> Gynaecology (RCOG). The DPP attended regular meetings with the President of the<br />

RCOG to discuss a range of areas of mutual interest, which includes FGM. The CPS has contributed to<br />

the RCOG FGM guidelines for medical professionals.<br />

The introduction of the FGMPO has been a positive step in protecting potential victims where<br />

evidence or intelligence suggests that they are at risk. In the period July to December 2015, a total of<br />

32 FGMPOs were granted (MoJ data). The priority now is to ensure that there is a joined-up approach<br />

from Local Authorities, Family Courts, the Police <strong>and</strong> the CPS, ensuring that information is shared. For<br />

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