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Written Question
Stalking
Monday 3rd November 2014

Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many judges in England and Wales have been given training on the new laws on stalking to date.

Answered by Shailesh Vara

The responsibility for the training of judges lies with the Lord Chief Justice as head of the judiciary and is exercised through the Judicial College.

The Judicial College is not responsible for teaching and updating judges on the law; judges are professional lawyers and are expected to keep themselves up to date. However, reference to any relevant law will be made at training events for the topics covered. The Judicial College provides regular updates to judges on any changes to the law via a jurisdictional electronic internal newsletter and did so in respect of these provisions in June 2012.

The Judicial College regularly assesses judicial training needs and how to meet them. Ultimately, judges use the law to make independent decisions based on the evidence and information provided to them in court.


Written Question
Stalking
Monday 3rd November 2014

Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many people have been convicted under the provisions of section 4a of the Protection from Harassment Act 1997; and how many such people received a custodial sentence.

Answered by Shailesh Vara

The stalking offences under the Protection from Harassment Act 1997, sections 2A (stalking) and 4A (stalking involving fear of violence or serious alarm or distress), have been available from 25 November 2012. The section 2A offence has a maximum penalty of six months’ imprisonment and/or a fine, and the section 4A offence has a maximum penalty of 5 years’ imprisonment.

The number of people convicted under sections 2A and 4A in 2012 and 2013 and those receiving custodial sentence can be viewed at the table below.

Defendants proceeded against at magistrates courts and found guilty and sentenced to immediate custody at all courts of offences under Sections 2A and 4A of the Protection from Harassment Act 1997, England and Wales, 2012 to 20131,2,3

Section of Act

Outcome

2012

2013

Section 2A4

Proceeded against

8

293

Found guilty

2

196

Sentenced

2

192

Of which:

Immediate custody

0

35

Of which:

up to 12 months

0

35

12 to 24 months

0

0

over 24 months

0

0

Section 4A5

Proceeded against

0

154

Found guilty

0

53

Sentenced

0

42

Of which:

Immediate custody

0

14

Of which:

up to 12 months

0

10

12 to 24 months

0

4

over 24 months

0

0

1 The figures given in the table relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. 2 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. 3 The number of offenders sentenced can differ from those found guilty as it may be the case that a defendant found guilty in a particular year, and committed for sentence at the Crown Court, may be sentenced in the following year. 4 Pursue course of conduct in breach of S.1(1) of the Act which amounts to stalking. 5 Stalking involving fear of violence or serious alarm and distress. Note: Offences introduced 25 November 2012. Source: Justice Statistics Analytical Services—Ministry of Justice


Written Question
Stalking
Monday 3rd November 2014

Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many people have been convicted under the provisions of section 2A of the Protection from Harassment Act 1997; and how many such people received a custodial sentence.

Answered by Shailesh Vara

The stalking offences under the Protection from Harassment Act 1997, sections 2A (stalking) and 4A (stalking involving fear of violence or serious alarm or distress), have been available from 25 November 2012. The section 2A offence has a maximum penalty of six months’ imprisonment and/or a fine, and the section 4A offence has a maximum penalty of 5 years’ imprisonment.

The number of people convicted under sections 2A and 4A in 2012 and 2013 and those receiving custodial sentence can be viewed at the table below.

Defendants proceeded against at magistrates courts and found guilty and sentenced to immediate custody at all courts of offences under Sections 2A and 4A of the Protection from Harassment Act 1997, England and Wales, 2012 to 20131,2,3

Section of Act

Outcome

2012

2013

Section 2A4

Proceeded against

8

293

Found guilty

2

196

Sentenced

2

192

Of which:

Immediate custody

0

35

Of which:

up to 12 months

0

35

12 to 24 months

0

0

over 24 months

0

0

Section 4A5

Proceeded against

0

154

Found guilty

0

53

Sentenced

0

42

Of which:

Immediate custody

0

14

Of which:

up to 12 months

0

10

12 to 24 months

0

4

over 24 months

0

0

1 The figures given in the table relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe. 2 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. 3 The number of offenders sentenced can differ from those found guilty as it may be the case that a defendant found guilty in a particular year, and committed for sentence at the Crown Court, may be sentenced in the following year. 4 Pursue course of conduct in breach of S.1(1) of the Act which amounts to stalking. 5 Stalking involving fear of violence or serious alarm and distress. Note: Offences introduced 25 November 2012. Source: Justice Statistics Analytical Services—Ministry of Justice


Written Question
Stalking
Monday 3rd November 2014

Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what further training is planned for (a) the probation service, (b) magistrates and (c) judges on the new stalking laws.

Answered by Shailesh Vara

(a) The National Probation Service is a new organisation that has only been in existence since June 2014. The Professional Skills Training team are in the process of putting together the national training plan and stalking awareness will be part of this.

(b) & (c) The responsibility for judicial training for courts judiciary lies with the Lord Chief Justice as head of the judiciary and is exercised through the Judicial College. Magistrates sit with legal advisers in court who advise them on the law.

The new stalking laws came from the amendments made to the Protection from Harassment Act 1997 by the Protection of Freedom Act 2012. The Judicial College provides regular updates to judges and legal advisers on any changes to the law via a jurisdictional electronic internal newsletter, and did so in respect of these provisions in June 2012.

The Home Office also issued a circular [Ref: 018/2012] on the new provisions in October 2012. This was issued to the Association Of Chief Police Officers (in England And Wales And Northern Ireland), Association Of Magisterial Officers, Central Council Of Magistrates Courts, Justices Clerks Society, Law Society, Magistrates Association, Ministry of Justice, and the Judicial College.

In addition the Justices Clerks Society also issued a circular to their members outlining the new provisions in December 2012.

The Judicial College regularly assesses judicial training needs and how to meet them. Ultimately, judges use the law to make independent decisions based on the evidence and information provided to them in court.


Written Question
Stalking
Monday 3rd November 2014

Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many magistrates in England and Wales have been given training on the new laws on stalking to date.

Answered by Shailesh Vara

The responsibility for the training of Magistrates lies with the Lord Chief Justice as head of the judiciary and is exercised through the Judicial College.

Magistrates sit with legal advisers in court who advise them on the law. The Judicial College is not responsible for teaching and updating Legal Advisers on the law. However, reference to any relevant law will be made at training events for the topics being covered.

The Judicial College provides regular updates to Legal Advisers on any changes to the law via a jurisdictional electronic internal newsletter and did so in respect of these provisions in June 2012. In addition, the Home Office also issued a circular [Ref: 018/2012] on the new provisions in October 2012, and the Justices Clerks Society issued a circular to their members outlining the new provisions in December 2012.

The Judicial College regularly assesses judicial training needs and how to meet them. Ultimately, magistrates use the law to make independent decisions based on the evidence and information provided to them in court.


Written Question
Stalking
Wednesday 29th October 2014

Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what plans his Department has to develop programmes for perpetrators of stalking (a) in the community and (b) in custody.

Answered by Andrew Selous - Second Church Estates Commissioner

I refer the Hon Member to the answer I gave on 21 October 2014 (210680 and 210770).


Written Question
Stalking
Wednesday 29th October 2014

Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what plans his Department has to issue revised sentencing guidelines in respect of the new offences of stalking.

Answered by Mike Penning

Sentencing guidelines are issued by the independent Sentencing Council.


Written Question
Powers of Attorney
Wednesday 2nd July 2014

Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if his Department will strengthen levels of protection of elderly and vulnerable people by allowing the Office of the Public Guardian to investigate abuses of power of attorney in cases where these powers have been revoked.

Answered by Simon Hughes

The Government is committed to protecting elderly and vulnerable people, and to ensuring that anyone responsible for abuse is dealt with appropriately.

The Public Guardian has power to investigate cases where concerns are raised about the actions of a person acting under a power of attorney, and to apply to the Court to revoke the power of attorney where necessary to prevent abuse. The Public Guardian will refer cases to health and care authorities, who can act under statutory safeguarding powers to protect an individual who may be at risk, and to the police if he suspects a criminal offence has been committed.

We are currently considering whether the Public Guardian needs additional powers to strengthen his role in safeguarding elderly and vulnerable people, including the power to continue an investigation after a power of attorney or court order has been revoked or disclaimed. This would require changes to primary legislation.

Data on prosecutions for fraud, or for ill-treatment and neglect under the Mental Capacity Act 2005, do not specify whether the allegation relates to a person acting under a power of attorney. The Government's response to the House of Lords Select Committee's report on the Mental Capacity Act includes a commitment to review the use of the criminal offence under s44 of the Act.


Written Question
Powers of Attorney
Wednesday 2nd July 2014

Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to increase levels of protection for elderly and vulnerable people who fall victim to abuse of power of attorney.

Answered by Simon Hughes

The Government is committed to protecting elderly and vulnerable people, and to ensuring that anyone responsible for abuse is dealt with appropriately.

The Public Guardian has power to investigate cases where concerns are raised about the actions of a person acting under a power of attorney, and to apply to the Court to revoke the power of attorney where necessary to prevent abuse. The Public Guardian will refer cases to health and care authorities, who can act under statutory safeguarding powers to protect an individual who may be at risk, and to the police if he suspects a criminal offence has been committed.

We are currently considering whether the Public Guardian needs additional powers to strengthen his role in safeguarding elderly and vulnerable people, including the power to continue an investigation after a power of attorney or court order has been revoked or disclaimed. This would require changes to primary legislation.

Data on prosecutions for fraud, or for ill-treatment and neglect under the Mental Capacity Act 2005, do not specify whether the allegation relates to a person acting under a power of attorney. The Government's response to the House of Lords Select Committee's report on the Mental Capacity Act includes a commitment to review the use of the criminal offence under s44 of the Act.


Written Question
Powers of Attorney
Wednesday 2nd July 2014

Asked by: Nadine Dorries (Conservative - Mid Bedfordshire)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if his Department will take steps to expand the investigatory powers of the Office of the Public Guardian to better protect elderly and vulnerable people in cases in which power of attorney is abused; and if he will make a statement.

Answered by Simon Hughes

The Government is committed to protecting elderly and vulnerable people, and to ensuring that anyone responsible for abuse is dealt with appropriately.

The Public Guardian has power to investigate cases where concerns are raised about the actions of a person acting under a power of attorney, and to apply to the Court to revoke the power of attorney where necessary to prevent abuse. The Public Guardian will refer cases to health and care authorities, who can act under statutory safeguarding powers to protect an individual who may be at risk, and to the police if he suspects a criminal offence has been committed.

We are currently considering whether the Public Guardian needs additional powers to strengthen his role in safeguarding elderly and vulnerable people, including the power to continue an investigation after a power of attorney or court order has been revoked or disclaimed. This would require changes to primary legislation.

Data on prosecutions for fraud, or for ill-treatment and neglect under the Mental Capacity Act 2005, do not specify whether the allegation relates to a person acting under a power of attorney. The Government's response to the House of Lords Select Committee's report on the Mental Capacity Act includes a commitment to review the use of the criminal offence under s44 of the Act.