Police hail the first prosecution brought for female genital mutilation in the UK

National Police Lead for Female Genital Mutilation, Commander Mak Chishty said:

“Across the country, police are working extensively to investigate and build strong cases against those suspected of inflicting or aiding or abetting female genital mutilation (FGM).

“Today’s charging decision demonstrates how much gravity the police, prosecutors and government places on ending FGM.

“Female genital mutilation is a barbaric crime that has no place in modern day Britain. The police are committed to working closely with health services, schools, colleges, social services and third sector organisations which have an understanding of this form of abuse and can help us reach those who may be at risk.

“Prosecutions of those who continue this horrific and outdated practice should signal a warning to those who’ve committed or are considering inflicting female genital mutilation as well as anyone who assists them or stays quiet when they know this abuse been committed; we are pursuing offenders and working to bring them to justice so that we can protect victims – some of them painfully young - and stamp out this appalling crime.”

The legislation that has been used in these charging decisions is clarified below:

The Female Genital Mutilation Act

The Female Genital Mutilation Act contains the following offences, including an offence of performing the act of FGM on a UK national or permanent UK resident overseas. The offences are:

• Section 1 - it is a criminal offence to excise, infibulate, or otherwise mutilate the whole or any part of a girl's labia majora, labia minora or clitoris;
• Section 2 - a person is guilty of an offence if he aids, abets, counsels or procures a girl to excise, infibulate or otherwise mutilate the whole or any part of her own labia majora, labia minora or clitoris;
• Section 3 - it is an offence for a person to aid, abets, counsel or procures the performance outside the UK of a relevant FGM operation;
• Section 4 - extends the offences outlined in sections 1-3 to any act done outside the UK by a UK national or permanent UK resident, and where an offence is committed outside the UK, even in countries where the practice is legal, treats the offence as having been committed anywhere in England, Wales or Northern Ireland.

The Serious Crime Act (2007) Section 44

Intentionally encouraging or assisting an offence

(1)A person commits an offence if—

(a)he does an act capable of encouraging or assisting the commission of an offence; and

(b)he intends to encourage or assist its commission.

(2)But he is not to be taken to have intended to encourage or assist the commission of an offence merely because such encouragement or assistance was a foreseeable consequence of his act.

A link to the definition of aiding and abetting - http://www.cps.gov.uk/legal/h_to_k/inchoate_offences/

For more information please contact:

ACPO Press Office
Association of Chief Police Officers
e: press.office@acpo.pnn.police.uk