Failing to Protect a Girl from Risk of Female Genital Mutilation (Section 3A Female Genital Mutilation Act 2003)

Failing to Protect a Girl from Risk of Female Genital Mutilation is an offence under s.3A Female Genital Mutilation Act 2003, inserted by the Serious Crime Act 2015 with effect from 3 May 2015. If a genital mutilation offence is committed against a girl under the age of 16, each person who is responsible for the girl at the relevant time is guilty of an offence (s.3A(1)). A person is responsible for a girl where the person has parental responsibility for her and has frequent contact with her, or where the person is aged 18 or over and has assumed (and not relinquished) responsibility for caring for her in the manner of a parent (s.3A(2) to (4)); frequent contact interrupted by the girl going to stay somewhere temporarily is treated as continuing during her stay there (s.3A(7)). A genital mutilation offence is an offence under s.1 (excising, infibulating or otherwise mutilating the whole or any part of a girl's labia majora, labia minora or clitoris), s.2 (aiding, abetting, counselling or procuring a girl to mutilate her own genitalia) or s.3 (aiding, abetting, counselling or procuring a non-UK national or resident to do a relevant act of female genital mutilation outside the United Kingdom), and the prosecution does not have to prove which (s.3A(8)). It is a defence for the defendant to show that at the relevant time the defendant did not think that there was a significant risk of a genital mutilation offence being committed against the girl and could not reasonably have been expected to be aware of any such risk, or that the defendant took such steps as he or she could reasonably have been expected to take to protect the girl (s.3A(5)); the defendant is taken to have shown the fact if sufficient evidence is adduced to raise an issue and the contrary is not proved beyond reasonable doubt (s.3A(6)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding seven years or a fine (or both); on summary conviction in England and Wales, imprisonment for a term not exceeding the general limit in a magistrates' court (12 months for an offence triable either way, Sentencing Act 2020, s.224(1A)(b)) or a fine (or both) (s.5(2)). The 14-year maximum in s.5(1) applies to the offences under ss.1 to 3, not to s.3A.

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. Officers should photograph injuries at the earliest opportunity and again after 24-48 hours (bruising develops). Domestic abuse cases require completion of a DASH risk assessment. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).