Asked by: Lord Sikka (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many people have been prosecuted under section 36 of the Financial Services (Banking Reform) Act 2013 in each of the years since its inception; and what outcomes were achieved.
Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)
The Ministry of Justice Court Proceedings Database has not recorded any prosecutions under section 36 of the Financial Services (Banking Reform) Act 2013 since its introduction.
Please see the offence group classification which lists the offences available to view in the Outcomes by Offence tool available via the following link: Criminal Justice System statistics quarterly: December 2023 - GOV.UK (www.gov.uk). This provides information on the number of prosecutions, convictions, sentences and sentence outcomes in England and Wales.
Asked by: Lord Sikka (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government (1) how many, and (2) which, regulatory bodies are responsible for the criminal prosecution of fraud; how many successful prosecutions for fraud have been secured as a result of actions taken by each of these bodies since 2010; and what penalties have been imposed following each of these prosecutions.
Answered by Lord Wolfson of Tredegar - Shadow Attorney General
Due to the nature of fraud, it can be committed in a variety of ways against organisations and individuals. As such, we do not hold a record of all regulators that may be involved with the criminal prosecution of fraud. The Government set out its plans for tackling fraud in the joint public and private sector Economic Crime Plan (2019-22), which was published in July 2019. Further information, including a list of organisations involved in the development of it, can be found here: Economic Crime Plan, 2019 to 2022, accessible version - GOV.UK (www.gov.uk)
The number of convictions involving pension scams is not centrally held in the court proceedings database as this specific offence is not separately identified in legislation. Identifying this offence separately would require a manual search of court records, incurring disproportionate costs.
The Ministry of Justice has published information on prosecutions, convictions and outcomes for fraud offences, that will include pensions scams, amongst other offences.
The numbers of prosecutions, convictions and outcomes for fraud offences have been provided in the attached table. These figures were taken from the following published data tool:
The Court Proceedings database does not include the responsible regulatory body bringing the prosecution.
Asked by: Lord Sikka (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how many (1) convictions, and (2) criminal penalties, there were for pension scams in each year since 2010.
Answered by Lord Wolfson of Tredegar - Shadow Attorney General
Due to the nature of fraud, it can be committed in a variety of ways against organisations and individuals. As such, we do not hold a record of all regulators that may be involved with the criminal prosecution of fraud. The Government set out its plans for tackling fraud in the joint public and private sector Economic Crime Plan (2019-22), which was published in July 2019. Further information, including a list of organisations involved in the development of it, can be found here: Economic Crime Plan, 2019 to 2022, accessible version - GOV.UK (www.gov.uk)
The number of convictions involving pension scams is not centrally held in the court proceedings database as this specific offence is not separately identified in legislation. Identifying this offence separately would require a manual search of court records, incurring disproportionate costs.
The Ministry of Justice has published information on prosecutions, convictions and outcomes for fraud offences, that will include pensions scams, amongst other offences.
The numbers of prosecutions, convictions and outcomes for fraud offences have been provided in the attached table. These figures were taken from the following published data tool:
The Court Proceedings database does not include the responsible regulatory body bringing the prosecution.
Asked by: Lord Sikka (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how many (1) convictions have been secured, and (2) penalties awarded, for pension scams for each year since 2010.
Answered by Lord Wolfson of Tredegar - Shadow Attorney General
It has not proved possible to respond to this question in the time available before Dissolution. Ministers will correspond directly with the Member.
Asked by: Lord Sikka (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how many, and which, regulatory bodies are responsible for the criminal prosecution of fraud; how many successful prosecutions for fraud have been secured by each of these bodies since 2010; and what penalties have been imposed following each, and any, such prosecutions.
Answered by Lord Wolfson of Tredegar - Shadow Attorney General
It has not proved possible to respond to this question in the time available before Dissolution. Ministers will correspond directly with the Member.
Asked by: Lord Sikka (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government, further to the BBC Four documentary Dark Secrets of a Trillion Dollar Island: Garenne, broadcast on 15 March, what assessment they have made of the government of Jersey’s handling of child abuse; and whether they will appoint an independent inquiry to investigate the handling of such abuse.
Answered by Lord Wolfson of Tredegar - Shadow Attorney General
In December 2013 Jersey’s government appointed an independent inquiry to investigate allegations of the abuse of children in the island’s care system from 1945 to date. The Independent Jersey Care Inquiry (IJCI) opened on 3 April 2014. Led by an independent panel of experts, the IJCI conducted a wide-ranging investigation into all aspects of child care and protection services in Jersey, closing on 3 July 2017 with the publication of the “Final Report of the Independent Jersey Care Inquiry”.
The Inquiry’s Report made eight key recommendations for the future management of child care in Jersey, all of which were accepted by the government of Jersey. The Report also suggested that the IJCI should be invited, in 2019, to review Jersey’s progress against those recommendations. Jersey agreed; the review took place as scheduled with the follow-up report being published on 23 September 2019. It acknowledged Jersey’s commitment to implementing the recommendations of the ICJI and commended Jersey on its progress.
Jersey is not part of the United Kingdom. As a self-governing dependency of the Crown with autonomy in its domestic affairs, child care and protection matters in Jersey are the responsibility of the Jersey authorities. It would not therefore be appropriate for the UK to appoint an independent inquiry to investigate this matter.
Asked by: Lord Sikka (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how many prosecutions there have been for rigging foreign exchange rates under (1) the Criminal Justice Act 1993, and (2) the Financial Services Act 2012; and what was the outcome of each such prosecution.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
The Ministry of Justice has published information on prosecutions, convictions and sentences for offences committed under both the Financial Services Act 2012 and the Criminal Justice Act 1993, from 2013 to 2019, available in the ‘Principal offence proceedings and outcomes by Home Office offence code’ data tool, here:
No defendants were prosecuted where the principal offence fell under the Financial Services Act 2012 between 2013 and 2019.
In this instance, all offences under the Criminal Justice Act 1993 are under one Home Office offence code, so cannot be disaggregated. Search ‘Detailed offence’ in the data tool linked above for ‘Insider dealing’.
12 individuals were prosecuted and 13 were sentenced under the Criminal Justice Act 1993, between 2013 and 2019. Defendants who appear before both magistrates’ and Crown courts may be convicted and sentenced for a different offence to that for which they are counted as having been originally prosecuted if the offence is changed on conviction. Sentence outcomes were 3 suspended sentences and 10 immediate custodial sentences.
Asked by: Lord Sikka (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how many prosecutions for interest rate rigging there have been under (1) the Criminal Justice Act 1993, and (2) the Financial Services Act 2012; and what was the outcome of each such prosecution.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
The Ministry of Justice has published information on prosecutions, convictions and sentences for offences committed under both the Financial Services Act 2012 and the Criminal Justice Act 1993, from 2013 to 2019, available in the ‘Principal offence proceedings and outcomes by Home Office offence code’ data tool, here:
No defendants were prosecuted where the principal offence fell under the Financial Services Act 2012 between 2013 and 2019.
In this instance, all offences under the Criminal Justice Act 1993 are under one Home Office offence code, so cannot be disaggregated. Search ‘Detailed offence’ in the data tool linked above for ‘Insider dealing’.
12 individuals were prosecuted and 13 were sentenced under the Criminal Justice Act 1993, between 2013 and 2019. Defendants who appear before both magistrates’ and Crown courts may be convicted and sentenced for a different offence to that for which they are counted as having been originally prosecuted if the offence is changed on conviction. Sentence outcomes were 3 suspended sentences and 10 immediate custodial sentences.
Asked by: Lord Sikka (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how many prosecutions for insider trading there have been under (1) the Criminal Justice Act 1993, and (2) the Financial Services Act 2012; and what was the outcome of each such prosecution.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
The Ministry of Justice has published information on prosecutions, convictions and sentences for offences committed under both the Financial Services Act 2012 and the Criminal Justice Act 1993, from 2013 to 2019, available in the ‘Principal offence proceedings and outcomes by Home Office offence code’ data tool, here:
No defendants were prosecuted where the principal offence fell under the Financial Services Act 2012 between 2013 and 2019.
In this instance, all offences under the Criminal Justice Act 1993 are under one Home Office offence code, so cannot be disaggregated. Search ‘Detailed offence’ in the data tool linked above for ‘Insider dealing’.
12 individuals were prosecuted and 13 were sentenced under the Criminal Justice Act 1993, between 2013 and 2019. Defendants who appear before both magistrates’ and Crown courts may be convicted and sentenced for a different offence to that for which they are counted as having been originally prosecuted if the offence is changed on conviction. Sentence outcomes were 3 suspended sentences and 10 immediate custodial sentences.