Tag: Philip Davies

  • Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Philip Davies on 2014-03-31.

    To ask the Secretary of State for Justice, what offences were committed by prisoners serving their sentences in open prisons.

    Jeremy Wright

    Open prisons have been used since 1936, because they are the most effective means of ensuring that prisoners are suitably risk-assessed before they are released into the community under appropriate licence conditions. These prisons also provide effective supervision for prisoners who do not require the security conditions of the closed estate, because they have been assessed as having a low risk of harm to the public and a low risk of absconding by the independent Parole Board and/or NOMS.

    Indeterminate sentence prisoners located in open conditions have been rigorously risk assessed and categorised as being of a low enough risk to the public to warrant their placement in an open prison. They will have previously spent time in prisons with higher levels of security, before being transferred to open conditions if recommended by the Parole Board – or directed through NOMS.

    The main purpose of open conditions is to test prisoners in conditions more similar to those that they will face in the community. Time spent in open prisons affords prisoners the opportunity to find work, re-establish family ties, reintegrate into the community and ensure housing needs are met. For many prisoners, in particular those, such as ISPs who have spent a considerable amount of time in custody; these are essential components for successful reintegration in the community and therefore an important factor in protecting the public. To release these prisoners directly from a closed prison without the resettlement benefits of the open estate would undoubtedly lead to higher levels of post-release re-offending. The reoffending rates for those released from open prisons are low when compared to all prisoners released from custody in England & Wales.

    The requested information is provided in the table below.

    These figures have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing.

  • Philip Davies – 2014 Parliamentary Question to the Attorney General

    Philip Davies – 2014 Parliamentary Question to the Attorney General

    The below Parliamentary question was asked by Philip Davies on 2014-05-06.

    To ask the Attorney General, how many (a) men and (b) women have been (i) investigated, (ii) given an administrative penalty, (iii) given a caution and (iv) convicted in court for benefit fraud since the prosecution of such cases was transferred to the Law Officers’ Department.

    Oliver Heald

    Allegations of benefit fraud are investigated by the Department for Work and Pensions (DWP). Administrative penalties are financial penalties, which can be offered as an alternative to prosecution, where there has been no previous fraud penalty of any form. These are issued by the DWP and Local Authorities. Cautions are issued by the Police.

    The records held by the Crown Prosecution Service (CPS) identify the number of offences in which a prosecution commenced and, reached a first hearing in magistrates’ courts, rather than the number of defendants prosecuted and convicted or their gender.

    No central records of the prosecution outcomes of offences are held by the CPS. To obtain details of the number of people prosecuted for and convicted of offences of benefit fraud, which can be charged under various sections of the Social Security Administration Act 1992, Section 35 of the Tax Credits Act 2002 or the Fraud Act 2006, including their gender, would require a manual exercise of reviewing individual case files to be undertaken at a disproportionate cost.

    Furthermore, cases of benefit fraud are also prosecuted by Local Authorities so any data the CPS can glean from a manual exercise would not provide a complete record.

  • Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Philip Davies on 2014-05-06.

    To ask the Secretary of State for Justice, how many people have been given more than one life sentence on separate sentencing occasions in the last 30 years; and for what offences each person received each such life sentence.

    Jeremy Wright

    A life sentence is mandatory for murder and discretionary life sentences are available for other very serious offences. This Government has introduced an automatic life sentence for a second very serious violent or sexual offence.

    Under a life sentence, the court determines the minimum period to be served in prison for the purposes of punishment and deterrence. Once that period has been served it is for the Parole Board to determine if and when the offender may be released from prison on life licence and subject to recall for the rest of their life.

    Table 1 shows the number of offenders who have been sentenced to life in the 12 months ending September 2013 who previously had one or more previous life sentence on a separate sentencing occasion within the last 30 years, in England and Wales. The table also shows details of their latest and previous offences for which they received a life sentence.

    Reoffending rates for life sentenced prisoners are very low. A small number of life sentence prisoners commit offences in prison which result in a second life sentence. Some life sentence prisoners can also receive a second life sentence on conviction for offences committed prior to being imprisoned (e.g. a previous murder or rape).

    The figures provided have been drawn from an extract of the Police National Computer (PNC) data held by the Department. The PNC holds details of all convictions and cautions given for recordable offences committed in England and Wales. In addition, as with any large scale recording system the PNC is subject to possible errors with data entry and processing.

    Detailed information on the length of time served by individual life sentence prisoners, and offence information is not readily available, so I will write to the Honourable Member.

  • Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Philip Davies on 2014-03-11.

    To ask the Secretary of State for Justice, how many offenders received a driving ban alongside a prison sentence of a longer length in each of the last five years.

    Jeremy Wright

    When the courts impose a driving ban and a custodial sentence at the same time, they already make some allowance for the length of time that the offender would normally serve in prison before becoming eligible for release, in order to ensure that disqualification has the desired impact. There are provisions in the Coroner’s and Justice Act 2009 which will give this statutory force. These will be commenced in due course.

    We want to make sure that road traffic offenders face the full consequences of the punishment for their offence. When an offender commits a serious road traffic offence that attracts both a custodial sentence and disqualification from driving, it is essential for public confidence in the criminal justice system that the driving ban has full effect on the offender; he should not benefit from, in effect, a reduction in the length of the ban whilst he serves time in prison. These provisions will ensure that, as now, the court will determine the appropriate length of the ban for the purposes of the offence but it will then be required to extend the ban to take account of time to be spent in prison. This will ensure that there is consistency of action in every case and that driving bans bear equally on all offenders.

    The Ministry of Justice Court Proceedings Database holds information on defendants proceeded against, found guilty and sentenced for criminal offences in England and Wales. This database holds information on offences provided by the statutes under which proceedings are brought but not the specific circumstances of each case. This centrally held information records the period of disqualification into one of thirteen bands. As the exact length of driving ban is not available, it is not possibly to identify how many offenders received a driving ban alongside a prison sentence of a longer length. This detailed information may be held on the court record but due to the size and complexity is not reported centrally to the MoJ. As such, the information requested can only be obtained at disproportionate cost.

  • Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Philip Davies on 2014-04-01.

    To ask the Secretary of State for Justice, how many people of each gender were sentenced in the West Yorkshire Police Force area to immediate custody for a first offence in each year since 2008; and for which offences such people were sentenced.

    Jeremy Wright

    The sentencing framework and sentencing guidelines apply equally to all offenders. Sentencing is entirely a matter for the courts, taking account of all the circumstances of each case. This will include the seriousness of the offence, including all aggravating and mitigating factors, and a guilty plea.

    Defendants are now more likely to be convicted for committing crime and sent to prison for longer than they were a decade ago. In addition criminals convicted since 2010 are more likely to receive an immediate custodial sentence, both overall and for a first time offence.

    Table 1 shows the number of offenders given an immediate custodial sentence in the West Yorkshire Police Force Area for their first offence, by offence class and gender 2008 -2013.

  • Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Philip Davies on 2014-03-31.

    To ask the Secretary of State for Justice, pursuant to the Answer of 24 March 2014, Official Report, column 95W, on non-molestation orders, what the figure for previous convictions or cautions is for (a) male and (b) female offenders.

    Jeremy Wright

    The following additional break down has been provided in addition to PQ 192243

    Male offenders receiving their first immediate custodial sentence for the criminal offence of breaching a non-molestation order in the 12 months ending September 2013 had received, on average, less than 1 (0.5) previous convictions or cautions for the same offence.

    In the 12 months ending September 2013, 9 females received their first immediate custodial sentence for breach of non-molestation order, of which 6 had no previous, 1 had 1 previous and 2 had 2 or more previous convictions or cautions for the same offence. Averages have not been provided for female offenders breaching a non-molestation order as the number of females is too small to provide a reliable estimate.

    It is important to note that these figures are based only on those offences recorded on the Police National Computer (PNC) by an English or Welsh police force, including the British Transport Police. This database holds details of all convictions or cautions for breaching a non-molestation order since their introduction as a criminal offence in July 2007.

  • Philip Davies – 2014 Parliamentary Question to the Department for Culture Media and Sport

    Philip Davies – 2014 Parliamentary Question to the Department for Culture Media and Sport

    The below Parliamentary question was asked by Philip Davies on 2014-05-06.

    To ask the Secretary of State for Culture, Media and Sport, pursuant to the Answer of 29 January 2014, Official Report, column 576W, on Equality and Human Rights Commission, if he will place in the Library a copy of the guidance referred to in the Equality and Human Rights Commission’s Equality and Diversity Workforce Report 2010-11 which has been provided to all managers on how to manage a diverse workforce through organisational change.

    Mrs Helen Grant

    The Equality and Human Rights Commission is an independent body and is responsible for its own staff management, including diversity training. The guidance papers requested are internal documents that were not intended for wider publication. However, I have asked the EHRC to send copies to the Hon Member.

  • Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Philip Davies on 2014-05-06.

    To ask the Secretary of State for Justice, what assessment he has made of magistrates’ use of two year sentencing powers; and if he will make a statement.

    Jeremy Wright

    A Detention and Training Order, the main custodial sentence for children and young people, can be up to 24 months in length and is available to magistrates sitting in the Youth Court. The Government has not made an assessment of magistrates’ use of this order.

    There are a range of disposals available to magistrates when dealing with children and young people which are designed to address offending behaviour. Through our reforms this Government has taken steps to improve the youth sentencing framework.

  • Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Philip Davies on 2014-03-11.

    To ask the Secretary of State for Justice, how many offenders received a driving ban before the age of 17 in each of the last three years; and in what proportion of such cases the ban expired before the offenders’ 17th birthday.

    Jeremy Wright

    The attached table sets out the number of driving disqualifications for all motoring offences at all courts, for offenders aged under 17 years, in England and Wales from 2009 to 2012 (the latest data available). It is not possible to provide the more detailed information requested without incurring disproportionate cost.

    A disqualification of an offender aged under 17 means they cannot apply for or be issued with a driving licence until their disqualification period has passed.

    Number of disqualifications for all motoring offences at all courts, for offenders aged under 17 years, England and Wales, 2008-2012(1)

    Total Disqualifications Imposed

    2012

    677

    2011

    1021

    2010

    1227

    2009

    1791

    2008

    2260

    (1) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.

    Source: Justice Statistics Analytical Services – Ministry of Justice.

  • Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

    The below Parliamentary question was asked by Philip Davies on 2014-04-01.

    To ask the Secretary of State for Justice, on how many occasions a prisoner did not spend at least one period of 24 consecutive hours in prison in a week in each of the last three years.

    Jeremy Wright

    Prisoners may be released on temporary licence for reasons linked to their resettlement needs and sentence plans, or where there are compelling circumstances that justify the release. Last month, we announced a range of measures to strengthen the existing temporary release provisions to ensure that the right balance is always struck between facilitating resettlement and protecting the public. Under our plans, public protection will always take priority.

    Data on the number of hours for which prisoners are released on temporary licence is not collated centrally.

    Data on temporary releases in 2012 is available at:

    https://www.gov.uk/government/publications/statistical-notice-releases-on-temporary-licence-2012