To match an exact phrase, use quotation marks around the search term. eg. "Parliamentary Estate". Use "OR" or "AND" as link words to form more complex queries.


Keep yourself up-to-date with the latest developments by exploring our subscription options to receive notifications direct to your inbox

Speech in Commons Chamber - Mon 11 Sep 2017
European Union (Withdrawal) Bill

"I will not, because I am running out of time.

First, when a state fails to implement EU law today, there are penalties, but that will no longer be the case—for obvious and appropriate reasons. However, an alternative system does need to be introduced. If the present or a future …..."

Lord Goldsmith of Richmond Park - View Speech

View all Lord Goldsmith of Richmond Park (Con - Life peer) contributions to the debate on: European Union (Withdrawal) Bill

Written Question
Restraining Orders
Thursday 12th March 2015

Asked by: Lord Goldsmith of Richmond Park (Conservative - Life peer)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many restraining orders issued by the courts were breached (a) once, (b) twice and (c) on more than three occasions in each of the last five years.

Answered by Simon Hughes

I am replying as the Ministry of Justice has overall responsibility for this legislation. The Government is absolutely clear that stalking and harassment, which cause misery for victims, are totally unacceptable. That is why in 2012 we added to the existing offences in the Protection from Harassment Act 1997 (harassment (section 2) and putting people in fear of violence (section 4)) two new specific offences of stalking (section 2A) and stalking involving fear of violence or serious alarm or distress (section 4A).

The 1997 Act also gives the courts the option, upon conviction or acquittal for an offence under it, of making a restraining order for the purpose of protecting the victim of an offence, or any other person mentioned in the order, from conduct that amounts to harassment or that will cause fear of violence. Breach of such an order is a criminal offence carrying a maximum sentence of five years in prison, or a fine, or both.

The number of offenders convicted on one, two, or three or more occasions, in each of the last five years for which data is available, of breaching a restraining order can be viewed in the table below. These figures 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. As with any large scale recording system the PNC is subject to possible errors with data entry and processing so data provided may be subject to revision.

Number of offenders breaching restraining orders1, England and Wales2

Number of restraining order breach offences3

12 months ending September4

1

2

3 or more

2010

1,655

211

71

2011

2,738

456

138

2012

3,638

607

216

2013

4,086

710

221

2014

4,822

767

244

Data Source: MoJs copy of the Police National Computer

1. Includes offences covered by:

- Breach of a restraining order under s5 of the Protection from Harassment Act 1997

- Breach of restraining Order under s5A of the Sex Offenders Act 1997 (Sexual Offences Prevention Orders replaced restraining orders under s.5A Sex Offenders Act 1997. However, it is possible for cases to still appear where an offender is subject to one of the orders that pre-date the Sexual Offences Act 2003)

- Breach of a restraining order on acquittal under s.5A of the Protection from Harassment Act 1997

2. England and Wales includes all 43 police force areas and the British Transport Police

3. Where the primary offence on a given occasion was a restraining order breach offence.

4. The same offender may appear in multiple years.

The number of restraining orders issued and sentences given for breaches of restraining orders, from 2009 to 2013 (the latest available) in England and Wales, can be viewed in the table below. These figures are taken from the Ministry of Justice (MoJ) court proceedings database.

Number of restraining orders issued and sentences given for breaches of restraining orders, England & Wales, 2009 to 2013(1)(2)

2009

2010

2011

2012

2013

Offenders issued with a restraining order(3)(4)(5)

5,074

10,761

19,551

20,067

20,304

Offenders convicted for breaching a restraining order

Convicted

1,464

2,920

4,558

5,699

6,337

Sentenced

1,329

2,798

4,431

5,608

6,194

Immediate custody

457

904

1,594

2,101

2,236

Suspended sentence

178

381

507

667

822

Community sentence

371

779

1,299

1,461

1,563

Fine

141

321

469

705

847

Absolute discharge

5

15

19

28

40

Conditional discharge

93

237

385

462

469

Otherwise dealt with

84

161

158

184

217

(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. Where the same disposal 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) Includes restraining orders issued on conviction or acquittal.

(4) Issued under either S.5 Protection from Harassment Act 1997 or S.5A Sex Offenders Act 1997.

(5) Sexual Offences Prevention Orders replaced restraining orders under s.5A Sex Offenders Act 1997 and Sex Offender Orders under s.2 Crime and Disorder Act 1998. However, it is possible for cases to still appear where an offender is subject to one of the orders that pre-date the Sexual Offences Act 2003.

Source: Justice Statistics Analytical Services - Ministry of Justice.

PQ: 226457

Court proceedings data for 2014 are planned for publication in May 2015.

Figures taken from the PNC database will differ from figures taken from the MoJ court proceedings database. Hence, police recorded crime and court proceedings data are not directly comparable.

As the Violence Against Women and Girls Report (Home Office, 2015) notes: “Increases in reporting of domestic abuse incidents indicate that victims have more confidence in the criminal justice system. Prosecutions for domestic abuse have increased while out of court disposals for domestic abuse at the pre-charge stage have reached their lowest levels, and we have seen increases in the volume of prosecutions and conviction rate for all VAWG offences. These figures are showing that not only are victims more confident in coming forward – the criminal justice system is delivering improved outcomes for them.”


Written Question
Non-molestation Orders
Thursday 12th March 2015

Asked by: Lord Goldsmith of Richmond Park (Conservative - Life peer)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many non-molestation orders issued by the courts were breached (a) once, (b) twice and (c) on more than three occasions in each of the last five years.

Answered by Simon Hughes

The number of child arrangement orders (residence and contact), prohibited steps orders, specific issues orders, and non molestation orders are shown in table 1 below. Note that data is not available for 2010 as the FamilyMan court database did not include all courts at this time. This data covers England and Wales and give the number of children and young people involved in those orders made.

Table 1 – Number of specific Children’s Act orders; England and Wales; 2011 to 2013

Contact and Residence Orders*

Prohibited steps

Specific issue

NMOs

2011

155,528

18,757

5,957

19,556

2012

158,112

19,788

6,515

19,406

2013

160,738

18,400

6,407

22,279

*Note: Child Arrangements Orders replaced separate Contact and Residence Orders in April 2014.

Data for 2014 will be published in Table 4 of Family Court Statistics Quarterly on 26 March at https://www.gov.uk/government/collections/family-court-statistics-quarterly

Details of how many of the orders included in Table 1 were breached or resulted in enforcement or contempt of court or a sequestration order can only be obtained by manually checking case files at disproportionate cost.

The total number of enforcement proceedings in respect of contact orders and Child Arrangements Orders from 2011 to 2013 are shown in Table 2 – these comprise applications for an enforcement order for unpaid work and applications for an order requiring the payment of compensation for financial loss.

Table 2 - Numbers of applications and orders of enforcement of Child Arrangement orders - 2011 to 2013

(a) Applications for enforcement order for unpaid work

(b) All Enforcement orders made

(c) Applications for second enforcement order

(d) Second enforcement orders made

(e) Applications for an order to pay financial compensation

(f) Orders made for financial compensation

2011

522

38

1126

1

331

7

2012

680

43

1312

1

301

10

2013

959

54

1750

5

406

8

Notes

1) figures for column (b) and column (f) together make up total enforcement order as recorded in Family Court Statistics Quarterly publication - table 4.

2) second enforcement order - column (d) - includes "breach of an enforcement order or order for increased hours."

3) figures for 2014 will only be available from 26th March 2014.

The number of defendants proceeded against at magistrates’ courts and found guilty and sentenced at all courts for breach of a non-molestation order in England and Wales from 2009 to 2013 are provided in Table 3. Data for 2014 are planned for publication in May 2015 in the Criminal Justice Statistics Quarterly at https://www.gov.uk/government/collections/criminal-justice-statistics-quarterly

Table 3 - Defendants proceeded against at magistrates courts and found guilty and sentenced at all courts for breach of a non-molestation order (1), England and Wales, 2009 to 2013 (2)(3)(4)(5)

Outcome

2009

2010

2011

2012

2013

Proceeded against

1,933

2,257

2,339

2,467

2,777

Found guilty

2,279

2,626

2,605

2,650

2,976

Sentenced

2,174

2,550

2,566

2,605

2,951

of which

Absolute discharge

6

11

20

20

19

Conditional discharge

321

353

362

388

452

Fine

337

409

407

491

640

Community sentence

741

851

81

65

6

Suspended sentence

249

285

267

251

337

Immediate custody

457

493

567

463

503

Otherwise dealt with (6)

63

148

862

927

994

(1) An offence under S42A Family Law Act 1996

(2) 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. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

(3) 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 make sure that data collection processes and their inevitable limitations are taken into account when those data are used.

(4) The number of defendants found guilty in a particular year may exceed the number proceeded against as the proceedings in the magistrates' court took place in an earlier year and the defendants were found guilty at the Crown Court in the following year; or the defendants were found guilty of a different offence to that for which they were originally proceeded against.

(5) 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.

(6) The category Otherwise Dealt With (ODW) includes: one day in police cells; disqualification order; restraining order; confiscation order; travel restriction order; disqualification from driving; recommendation for deportation; and other miscellaneous disposals.

Source: Justice Statistics Analytical Services - Ministry of Justice.

Ref: PQ 226458

The number of offenders convicted of breaching a non-molestation order on one, two, or three or more occasions in each of the last five years for which data is available are provided in Table 4. These figures have been drawn from an extract of the Police National Computer (PNC) data held by the Department - they will differ from the figures taken from the Ministry of Justice (MoJ) court proceedings database. The PNC holds details of all convictions and cautions given for recordable offences. Hence, police recorded crime and data court proceedings are not directly comparable.

As with any large scale recording system the PNC is subject to possible errors with data entry and processing so data provided may be subject to revision.

Table 4 - Number of offenders breaching non-molestation orders, England and Wales1

Number of non-molestation order breach offences2

12 months ending September3

1

2

3 or more

2010

1,854

190

43

2011

1,847

206

44

2012

1,960

224

45

2013

2,200

220

36

2014

2,559

308

46

Data Source: MoJs copy of the Police National Computer

1. England and Wales includes all 43 police force areas and the British Transport Police

2. Where the primary offence on a given occasion was a non-molestation order breach offence.

3. The same offender may appear in multiple years.


Written Question
Restraining Orders
Thursday 12th March 2015

Asked by: Lord Goldsmith of Richmond Park (Conservative - Life peer)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many restraining orders were (a) issued by the courts, (b) breached and (c) resulted in the imposition of a penalty in each of the last five years.

Answered by Simon Hughes

I am replying as the Ministry of Justice has overall responsibility for this legislation. The Government is absolutely clear that stalking and harassment, which cause misery for victims, are totally unacceptable. That is why in 2012 we added to the existing offences in the Protection from Harassment Act 1997 (harassment (section 2) and putting people in fear of violence (section 4)) two new specific offences of stalking (section 2A) and stalking involving fear of violence or serious alarm or distress (section 4A).

The 1997 Act also gives the courts the option, upon conviction or acquittal for an offence under it, of making a restraining order for the purpose of protecting the victim of an offence, or any other person mentioned in the order, from conduct that amounts to harassment or that will cause fear of violence. Breach of such an order is a criminal offence carrying a maximum sentence of five years in prison, or a fine, or both.

The number of offenders convicted on one, two, or three or more occasions, in each of the last five years for which data is available, of breaching a restraining order can be viewed in the table below. These figures 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. As with any large scale recording system the PNC is subject to possible errors with data entry and processing so data provided may be subject to revision.

Number of offenders breaching restraining orders1, England and Wales2

Number of restraining order breach offences3

12 months ending September4

1

2

3 or more

2010

1,655

211

71

2011

2,738

456

138

2012

3,638

607

216

2013

4,086

710

221

2014

4,822

767

244

Data Source: MoJs copy of the Police National Computer

1. Includes offences covered by:

- Breach of a restraining order under s5 of the Protection from Harassment Act 1997

- Breach of restraining Order under s5A of the Sex Offenders Act 1997 (Sexual Offences Prevention Orders replaced restraining orders under s.5A Sex Offenders Act 1997. However, it is possible for cases to still appear where an offender is subject to one of the orders that pre-date the Sexual Offences Act 2003)

- Breach of a restraining order on acquittal under s.5A of the Protection from Harassment Act 1997

2. England and Wales includes all 43 police force areas and the British Transport Police

3. Where the primary offence on a given occasion was a restraining order breach offence.

4. The same offender may appear in multiple years.

The number of restraining orders issued and sentences given for breaches of restraining orders, from 2009 to 2013 (the latest available) in England and Wales, can be viewed in the table below. These figures are taken from the Ministry of Justice (MoJ) court proceedings database.

Number of restraining orders issued and sentences given for breaches of restraining orders, England & Wales, 2009 to 2013(1)(2)

2009

2010

2011

2012

2013

Offenders issued with a restraining order(3)(4)(5)

5,074

10,761

19,551

20,067

20,304

Offenders convicted for breaching a restraining order

Convicted

1,464

2,920

4,558

5,699

6,337

Sentenced

1,329

2,798

4,431

5,608

6,194

Immediate custody

457

904

1,594

2,101

2,236

Suspended sentence

178

381

507

667

822

Community sentence

371

779

1,299

1,461

1,563

Fine

141

321

469

705

847

Absolute discharge

5

15

19

28

40

Conditional discharge

93

237

385

462

469

Otherwise dealt with

84

161

158

184

217

(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. Where the same disposal 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) Includes restraining orders issued on conviction or acquittal.

(4) Issued under either S.5 Protection from Harassment Act 1997 or S.5A Sex Offenders Act 1997.

(5) Sexual Offences Prevention Orders replaced restraining orders under s.5A Sex Offenders Act 1997 and Sex Offender Orders under s.2 Crime and Disorder Act 1998. However, it is possible for cases to still appear where an offender is subject to one of the orders that pre-date the Sexual Offences Act 2003.

Source: Justice Statistics Analytical Services - Ministry of Justice.

PQ: 226457

Court proceedings data for 2014 are planned for publication in May 2015.

Figures taken from the PNC database will differ from figures taken from the MoJ court proceedings database. Hence, police recorded crime and court proceedings data are not directly comparable.

As the Violence Against Women and Girls Report (Home Office, 2015) notes: “Increases in reporting of domestic abuse incidents indicate that victims have more confidence in the criminal justice system. Prosecutions for domestic abuse have increased while out of court disposals for domestic abuse at the pre-charge stage have reached their lowest levels, and we have seen increases in the volume of prosecutions and conviction rate for all VAWG offences. These figures are showing that not only are victims more confident in coming forward – the criminal justice system is delivering improved outcomes for them.”


Written Question
Non-molestation Orders
Thursday 12th March 2015

Asked by: Lord Goldsmith of Richmond Park (Conservative - Life peer)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many non-molestation orders were (a) issued by the courts, (b) breached and (c) resulted in the imposition of a penalty in each of the last five years.

Answered by Simon Hughes

The number of child arrangement orders (residence and contact), prohibited steps orders, specific issues orders, and non molestation orders are shown in table 1 below. Note that data is not available for 2010 as the FamilyMan court database did not include all courts at this time. This data covers England and Wales and give the number of children and young people involved in those orders made.

Table 1 – Number of specific Children’s Act orders; England and Wales; 2011 to 2013

Contact and Residence Orders*

Prohibited steps

Specific issue

NMOs

2011

155,528

18,757

5,957

19,556

2012

158,112

19,788

6,515

19,406

2013

160,738

18,400

6,407

22,279

*Note: Child Arrangements Orders replaced separate Contact and Residence Orders in April 2014.

Data for 2014 will be published in Table 4 of Family Court Statistics Quarterly on 26 March at https://www.gov.uk/government/collections/family-court-statistics-quarterly

Details of how many of the orders included in Table 1 were breached or resulted in enforcement or contempt of court or a sequestration order can only be obtained by manually checking case files at disproportionate cost.

The total number of enforcement proceedings in respect of contact orders and Child Arrangements Orders from 2011 to 2013 are shown in Table 2 – these comprise applications for an enforcement order for unpaid work and applications for an order requiring the payment of compensation for financial loss.

Table 2 - Numbers of applications and orders of enforcement of Child Arrangement orders - 2011 to 2013

(a) Applications for enforcement order for unpaid work

(b) All Enforcement orders made

(c) Applications for second enforcement order

(d) Second enforcement orders made

(e) Applications for an order to pay financial compensation

(f) Orders made for financial compensation

2011

522

38

1126

1

331

7

2012

680

43

1312

1

301

10

2013

959

54

1750

5

406

8

Notes

1) figures for column (b) and column (f) together make up total enforcement order as recorded in Family Court Statistics Quarterly publication - table 4.

2) second enforcement order - column (d) - includes "breach of an enforcement order or order for increased hours."

3) figures for 2014 will only be available from 26th March 2014.

The number of defendants proceeded against at magistrates’ courts and found guilty and sentenced at all courts for breach of a non-molestation order in England and Wales from 2009 to 2013 are provided in Table 3. Data for 2014 are planned for publication in May 2015 in the Criminal Justice Statistics Quarterly at https://www.gov.uk/government/collections/criminal-justice-statistics-quarterly

Table 3 - Defendants proceeded against at magistrates courts and found guilty and sentenced at all courts for breach of a non-molestation order (1), England and Wales, 2009 to 2013 (2)(3)(4)(5)

Outcome

2009

2010

2011

2012

2013

Proceeded against

1,933

2,257

2,339

2,467

2,777

Found guilty

2,279

2,626

2,605

2,650

2,976

Sentenced

2,174

2,550

2,566

2,605

2,951

of which

Absolute discharge

6

11

20

20

19

Conditional discharge

321

353

362

388

452

Fine

337

409

407

491

640

Community sentence

741

851

81

65

6

Suspended sentence

249

285

267

251

337

Immediate custody

457

493

567

463

503

Otherwise dealt with (6)

63

148

862

927

994

(1) An offence under S42A Family Law Act 1996

(2) 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. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

(3) 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 make sure that data collection processes and their inevitable limitations are taken into account when those data are used.

(4) The number of defendants found guilty in a particular year may exceed the number proceeded against as the proceedings in the magistrates' court took place in an earlier year and the defendants were found guilty at the Crown Court in the following year; or the defendants were found guilty of a different offence to that for which they were originally proceeded against.

(5) 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.

(6) The category Otherwise Dealt With (ODW) includes: one day in police cells; disqualification order; restraining order; confiscation order; travel restriction order; disqualification from driving; recommendation for deportation; and other miscellaneous disposals.

Source: Justice Statistics Analytical Services - Ministry of Justice.

Ref: PQ 226458

The number of offenders convicted of breaching a non-molestation order on one, two, or three or more occasions in each of the last five years for which data is available are provided in Table 4. These figures have been drawn from an extract of the Police National Computer (PNC) data held by the Department - they will differ from the figures taken from the Ministry of Justice (MoJ) court proceedings database. The PNC holds details of all convictions and cautions given for recordable offences. Hence, police recorded crime and data court proceedings are not directly comparable.

As with any large scale recording system the PNC is subject to possible errors with data entry and processing so data provided may be subject to revision.

Table 4 - Number of offenders breaching non-molestation orders, England and Wales1

Number of non-molestation order breach offences2

12 months ending September3

1

2

3 or more

2010

1,854

190

43

2011

1,847

206

44

2012

1,960

224

45

2013

2,200

220

36

2014

2,559

308

46

Data Source: MoJs copy of the Police National Computer

1. England and Wales includes all 43 police force areas and the British Transport Police

2. Where the primary offence on a given occasion was a non-molestation order breach offence.

3. The same offender may appear in multiple years.


Written Question
Court Orders: Children
Thursday 12th March 2015

Asked by: Lord Goldsmith of Richmond Park (Conservative - Life peer)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many child arrangement orders issued by the courts were breached and resulted in the imposition of unpaid work in each of the last three years.

Answered by Simon Hughes

The number of child arrangement orders (residence and contact), prohibited steps orders, specific issues orders, and non molestation orders are shown in table 1 below. Note that data is not available for 2010 as the FamilyMan court database did not include all courts at this time. This data covers England and Wales and give the number of children and young people involved in those orders made.

Table 1 – Number of specific Children’s Act orders; England and Wales; 2011 to 2013

Contact and Residence Orders*

Prohibited steps

Specific issue

NMOs

2011

155,528

18,757

5,957

19,556

2012

158,112

19,788

6,515

19,406

2013

160,738

18,400

6,407

22,279

*Note: Child Arrangements Orders replaced separate Contact and Residence Orders in April 2014.

Data for 2014 will be published in Table 4 of Family Court Statistics Quarterly on 26 March at https://www.gov.uk/government/collections/family-court-statistics-quarterly

Details of how many of the orders included in Table 1 were breached or resulted in enforcement or contempt of court or a sequestration order can only be obtained by manually checking case files at disproportionate cost.

The total number of enforcement proceedings in respect of contact orders and Child Arrangements Orders from 2011 to 2013 are shown in Table 2 – these comprise applications for an enforcement order for unpaid work and applications for an order requiring the payment of compensation for financial loss.

Table 2 - Numbers of applications and orders of enforcement of Child Arrangement orders - 2011 to 2013

(a) Applications for enforcement order for unpaid work

(b) All Enforcement orders made

(c) Applications for second enforcement order

(d) Second enforcement orders made

(e) Applications for an order to pay financial compensation

(f) Orders made for financial compensation

2011

522

38

1126

1

331

7

2012

680

43

1312

1

301

10

2013

959

54

1750

5

406

8

Notes

1) figures for column (b) and column (f) together make up total enforcement order as recorded in Family Court Statistics Quarterly publication - table 4.

2) second enforcement order - column (d) - includes "breach of an enforcement order or order for increased hours."

3) figures for 2014 will only be available from 26th March 2014.

The number of defendants proceeded against at magistrates’ courts and found guilty and sentenced at all courts for breach of a non-molestation order in England and Wales from 2009 to 2013 are provided in Table 3. Data for 2014 are planned for publication in May 2015 in the Criminal Justice Statistics Quarterly at https://www.gov.uk/government/collections/criminal-justice-statistics-quarterly

Table 3 - Defendants proceeded against at magistrates courts and found guilty and sentenced at all courts for breach of a non-molestation order (1), England and Wales, 2009 to 2013 (2)(3)(4)(5)

Outcome

2009

2010

2011

2012

2013

Proceeded against

1,933

2,257

2,339

2,467

2,777

Found guilty

2,279

2,626

2,605

2,650

2,976

Sentenced

2,174

2,550

2,566

2,605

2,951

of which

Absolute discharge

6

11

20

20

19

Conditional discharge

321

353

362

388

452

Fine

337

409

407

491

640

Community sentence

741

851

81

65

6

Suspended sentence

249

285

267

251

337

Immediate custody

457

493

567

463

503

Otherwise dealt with (6)

63

148

862

927

994

(1) An offence under S42A Family Law Act 1996

(2) 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. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

(3) 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 make sure that data collection processes and their inevitable limitations are taken into account when those data are used.

(4) The number of defendants found guilty in a particular year may exceed the number proceeded against as the proceedings in the magistrates' court took place in an earlier year and the defendants were found guilty at the Crown Court in the following year; or the defendants were found guilty of a different offence to that for which they were originally proceeded against.

(5) 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.

(6) The category Otherwise Dealt With (ODW) includes: one day in police cells; disqualification order; restraining order; confiscation order; travel restriction order; disqualification from driving; recommendation for deportation; and other miscellaneous disposals.

Source: Justice Statistics Analytical Services - Ministry of Justice.

Ref: PQ 226458

The number of offenders convicted of breaching a non-molestation order on one, two, or three or more occasions in each of the last five years for which data is available are provided in Table 4. These figures have been drawn from an extract of the Police National Computer (PNC) data held by the Department - they will differ from the figures taken from the Ministry of Justice (MoJ) court proceedings database. The PNC holds details of all convictions and cautions given for recordable offences. Hence, police recorded crime and data court proceedings are not directly comparable.

As with any large scale recording system the PNC is subject to possible errors with data entry and processing so data provided may be subject to revision.

Table 4 - Number of offenders breaching non-molestation orders, England and Wales1

Number of non-molestation order breach offences2

12 months ending September3

1

2

3 or more

2010

1,854

190

43

2011

1,847

206

44

2012

1,960

224

45

2013

2,200

220

36

2014

2,559

308

46

Data Source: MoJs copy of the Police National Computer

1. England and Wales includes all 43 police force areas and the British Transport Police

2. Where the primary offence on a given occasion was a non-molestation order breach offence.

3. The same offender may appear in multiple years.


Written Question
Court Orders: Children
Thursday 12th March 2015

Asked by: Lord Goldsmith of Richmond Park (Conservative - Life peer)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many prohibited steps orders were (a) issued by the courts, (b) breached and (c) resulted in contempt proceedings or a sequestration order in each of the last five years.

Answered by Simon Hughes

The number of child arrangement orders (residence and contact), prohibited steps orders, specific issues orders, and non molestation orders are shown in table 1 below. Note that data is not available for 2010 as the FamilyMan court database did not include all courts at this time. This data covers England and Wales and give the number of children and young people involved in those orders made.

Table 1 – Number of specific Children’s Act orders; England and Wales; 2011 to 2013

Contact and Residence Orders*

Prohibited steps

Specific issue

NMOs

2011

155,528

18,757

5,957

19,556

2012

158,112

19,788

6,515

19,406

2013

160,738

18,400

6,407

22,279

*Note: Child Arrangements Orders replaced separate Contact and Residence Orders in April 2014.

Data for 2014 will be published in Table 4 of Family Court Statistics Quarterly on 26 March at https://www.gov.uk/government/collections/family-court-statistics-quarterly

Details of how many of the orders included in Table 1 were breached or resulted in enforcement or contempt of court or a sequestration order can only be obtained by manually checking case files at disproportionate cost.

The total number of enforcement proceedings in respect of contact orders and Child Arrangements Orders from 2011 to 2013 are shown in Table 2 – these comprise applications for an enforcement order for unpaid work and applications for an order requiring the payment of compensation for financial loss.

Table 2 - Numbers of applications and orders of enforcement of Child Arrangement orders - 2011 to 2013

(a) Applications for enforcement order for unpaid work

(b) All Enforcement orders made

(c) Applications for second enforcement order

(d) Second enforcement orders made

(e) Applications for an order to pay financial compensation

(f) Orders made for financial compensation

2011

522

38

1126

1

331

7

2012

680

43

1312

1

301

10

2013

959

54

1750

5

406

8

Notes

1) figures for column (b) and column (f) together make up total enforcement order as recorded in Family Court Statistics Quarterly publication - table 4.

2) second enforcement order - column (d) - includes "breach of an enforcement order or order for increased hours."

3) figures for 2014 will only be available from 26th March 2014.

The number of defendants proceeded against at magistrates’ courts and found guilty and sentenced at all courts for breach of a non-molestation order in England and Wales from 2009 to 2013 are provided in Table 3. Data for 2014 are planned for publication in May 2015 in the Criminal Justice Statistics Quarterly at https://www.gov.uk/government/collections/criminal-justice-statistics-quarterly

Table 3 - Defendants proceeded against at magistrates courts and found guilty and sentenced at all courts for breach of a non-molestation order (1), England and Wales, 2009 to 2013 (2)(3)(4)(5)

Outcome

2009

2010

2011

2012

2013

Proceeded against

1,933

2,257

2,339

2,467

2,777

Found guilty

2,279

2,626

2,605

2,650

2,976

Sentenced

2,174

2,550

2,566

2,605

2,951

of which

Absolute discharge

6

11

20

20

19

Conditional discharge

321

353

362

388

452

Fine

337

409

407

491

640

Community sentence

741

851

81

65

6

Suspended sentence

249

285

267

251

337

Immediate custody

457

493

567

463

503

Otherwise dealt with (6)

63

148

862

927

994

(1) An offence under S42A Family Law Act 1996

(2) 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. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

(3) 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 make sure that data collection processes and their inevitable limitations are taken into account when those data are used.

(4) The number of defendants found guilty in a particular year may exceed the number proceeded against as the proceedings in the magistrates' court took place in an earlier year and the defendants were found guilty at the Crown Court in the following year; or the defendants were found guilty of a different offence to that for which they were originally proceeded against.

(5) 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.

(6) The category Otherwise Dealt With (ODW) includes: one day in police cells; disqualification order; restraining order; confiscation order; travel restriction order; disqualification from driving; recommendation for deportation; and other miscellaneous disposals.

Source: Justice Statistics Analytical Services - Ministry of Justice.

Ref: PQ 226458

The number of offenders convicted of breaching a non-molestation order on one, two, or three or more occasions in each of the last five years for which data is available are provided in Table 4. These figures have been drawn from an extract of the Police National Computer (PNC) data held by the Department - they will differ from the figures taken from the Ministry of Justice (MoJ) court proceedings database. The PNC holds details of all convictions and cautions given for recordable offences. Hence, police recorded crime and data court proceedings are not directly comparable.

As with any large scale recording system the PNC is subject to possible errors with data entry and processing so data provided may be subject to revision.

Table 4 - Number of offenders breaching non-molestation orders, England and Wales1

Number of non-molestation order breach offences2

12 months ending September3

1

2

3 or more

2010

1,854

190

43

2011

1,847

206

44

2012

1,960

224

45

2013

2,200

220

36

2014

2,559

308

46

Data Source: MoJs copy of the Police National Computer

1. England and Wales includes all 43 police force areas and the British Transport Police

2. Where the primary offence on a given occasion was a non-molestation order breach offence.

3. The same offender may appear in multiple years.


Written Question
Court Orders: Children
Thursday 12th March 2015

Asked by: Lord Goldsmith of Richmond Park (Conservative - Life peer)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many child arrangement orders were (a) issued by the courts, (b) breached and (c) resulted in an enforcement order or contempt proceedings in each of the last five years.

Answered by Simon Hughes

The number of child arrangement orders (residence and contact), prohibited steps orders, specific issues orders, and non molestation orders are shown in table 1 below. Note that data is not available for 2010 as the FamilyMan court database did not include all courts at this time. This data covers England and Wales and give the number of children and young people involved in those orders made.

Table 1 – Number of specific Children’s Act orders; England and Wales; 2011 to 2013

Contact and Residence Orders*

Prohibited steps

Specific issue

NMOs

2011

155,528

18,757

5,957

19,556

2012

158,112

19,788

6,515

19,406

2013

160,738

18,400

6,407

22,279

*Note: Child Arrangements Orders replaced separate Contact and Residence Orders in April 2014.

Data for 2014 will be published in Table 4 of Family Court Statistics Quarterly on 26 March at https://www.gov.uk/government/collections/family-court-statistics-quarterly

Details of how many of the orders included in Table 1 were breached or resulted in enforcement or contempt of court or a sequestration order can only be obtained by manually checking case files at disproportionate cost.

The total number of enforcement proceedings in respect of contact orders and Child Arrangements Orders from 2011 to 2013 are shown in Table 2 – these comprise applications for an enforcement order for unpaid work and applications for an order requiring the payment of compensation for financial loss.

Table 2 - Numbers of applications and orders of enforcement of Child Arrangement orders - 2011 to 2013

(a) Applications for enforcement order for unpaid work

(b) All Enforcement orders made

(c) Applications for second enforcement order

(d) Second enforcement orders made

(e) Applications for an order to pay financial compensation

(f) Orders made for financial compensation

2011

522

38

1126

1

331

7

2012

680

43

1312

1

301

10

2013

959

54

1750

5

406

8

Notes

1) figures for column (b) and column (f) together make up total enforcement order as recorded in Family Court Statistics Quarterly publication - table 4.

2) second enforcement order - column (d) - includes "breach of an enforcement order or order for increased hours."

3) figures for 2014 will only be available from 26th March 2014.

The number of defendants proceeded against at magistrates’ courts and found guilty and sentenced at all courts for breach of a non-molestation order in England and Wales from 2009 to 2013 are provided in Table 3. Data for 2014 are planned for publication in May 2015 in the Criminal Justice Statistics Quarterly at https://www.gov.uk/government/collections/criminal-justice-statistics-quarterly

Table 3 - Defendants proceeded against at magistrates courts and found guilty and sentenced at all courts for breach of a non-molestation order (1), England and Wales, 2009 to 2013 (2)(3)(4)(5)

Outcome

2009

2010

2011

2012

2013

Proceeded against

1,933

2,257

2,339

2,467

2,777

Found guilty

2,279

2,626

2,605

2,650

2,976

Sentenced

2,174

2,550

2,566

2,605

2,951

of which

Absolute discharge

6

11

20

20

19

Conditional discharge

321

353

362

388

452

Fine

337

409

407

491

640

Community sentence

741

851

81

65

6

Suspended sentence

249

285

267

251

337

Immediate custody

457

493

567

463

503

Otherwise dealt with (6)

63

148

862

927

994

(1) An offence under S42A Family Law Act 1996

(2) 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. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

(3) 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 make sure that data collection processes and their inevitable limitations are taken into account when those data are used.

(4) The number of defendants found guilty in a particular year may exceed the number proceeded against as the proceedings in the magistrates' court took place in an earlier year and the defendants were found guilty at the Crown Court in the following year; or the defendants were found guilty of a different offence to that for which they were originally proceeded against.

(5) 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.

(6) The category Otherwise Dealt With (ODW) includes: one day in police cells; disqualification order; restraining order; confiscation order; travel restriction order; disqualification from driving; recommendation for deportation; and other miscellaneous disposals.

Source: Justice Statistics Analytical Services - Ministry of Justice.

Ref: PQ 226458

The number of offenders convicted of breaching a non-molestation order on one, two, or three or more occasions in each of the last five years for which data is available are provided in Table 4. These figures have been drawn from an extract of the Police National Computer (PNC) data held by the Department - they will differ from the figures taken from the Ministry of Justice (MoJ) court proceedings database. The PNC holds details of all convictions and cautions given for recordable offences. Hence, police recorded crime and data court proceedings are not directly comparable.

As with any large scale recording system the PNC is subject to possible errors with data entry and processing so data provided may be subject to revision.

Table 4 - Number of offenders breaching non-molestation orders, England and Wales1

Number of non-molestation order breach offences2

12 months ending September3

1

2

3 or more

2010

1,854

190

43

2011

1,847

206

44

2012

1,960

224

45

2013

2,200

220

36

2014

2,559

308

46

Data Source: MoJs copy of the Police National Computer

1. England and Wales includes all 43 police force areas and the British Transport Police

2. Where the primary offence on a given occasion was a non-molestation order breach offence.

3. The same offender may appear in multiple years.


Written Question
Court Orders: Children
Thursday 12th March 2015

Asked by: Lord Goldsmith of Richmond Park (Conservative - Life peer)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, how many specific issues orders were (a) issued by the courts, (b) breached and (c) resulted in contempt proceedings or a sequestration order in each of the last five years.

Answered by Simon Hughes

The number of child arrangement orders (residence and contact), prohibited steps orders, specific issues orders, and non molestation orders are shown in table 1 below. Note that data is not available for 2010 as the FamilyMan court database did not include all courts at this time. This data covers England and Wales and give the number of children and young people involved in those orders made.

Table 1 – Number of specific Children’s Act orders; England and Wales; 2011 to 2013

Contact and Residence Orders*

Prohibited steps

Specific issue

NMOs

2011

155,528

18,757

5,957

19,556

2012

158,112

19,788

6,515

19,406

2013

160,738

18,400

6,407

22,279

*Note: Child Arrangements Orders replaced separate Contact and Residence Orders in April 2014.

Data for 2014 will be published in Table 4 of Family Court Statistics Quarterly on 26 March at https://www.gov.uk/government/collections/family-court-statistics-quarterly

Details of how many of the orders included in Table 1 were breached or resulted in enforcement or contempt of court or a sequestration order can only be obtained by manually checking case files at disproportionate cost.

The total number of enforcement proceedings in respect of contact orders and Child Arrangements Orders from 2011 to 2013 are shown in Table 2 – these comprise applications for an enforcement order for unpaid work and applications for an order requiring the payment of compensation for financial loss.

Table 2 - Numbers of applications and orders of enforcement of Child Arrangement orders - 2011 to 2013

(a) Applications for enforcement order for unpaid work

(b) All Enforcement orders made

(c) Applications for second enforcement order

(d) Second enforcement orders made

(e) Applications for an order to pay financial compensation

(f) Orders made for financial compensation

2011

522

38

1126

1

331

7

2012

680

43

1312

1

301

10

2013

959

54

1750

5

406

8

Notes

1) figures for column (b) and column (f) together make up total enforcement order as recorded in Family Court Statistics Quarterly publication - table 4.

2) second enforcement order - column (d) - includes "breach of an enforcement order or order for increased hours."

3) figures for 2014 will only be available from 26th March 2014.

The number of defendants proceeded against at magistrates’ courts and found guilty and sentenced at all courts for breach of a non-molestation order in England and Wales from 2009 to 2013 are provided in Table 3. Data for 2014 are planned for publication in May 2015 in the Criminal Justice Statistics Quarterly at https://www.gov.uk/government/collections/criminal-justice-statistics-quarterly

Table 3 - Defendants proceeded against at magistrates courts and found guilty and sentenced at all courts for breach of a non-molestation order (1), England and Wales, 2009 to 2013 (2)(3)(4)(5)

Outcome

2009

2010

2011

2012

2013

Proceeded against

1,933

2,257

2,339

2,467

2,777

Found guilty

2,279

2,626

2,605

2,650

2,976

Sentenced

2,174

2,550

2,566

2,605

2,951

of which

Absolute discharge

6

11

20

20

19

Conditional discharge

321

353

362

388

452

Fine

337

409

407

491

640

Community sentence

741

851

81

65

6

Suspended sentence

249

285

267

251

337

Immediate custody

457

493

567

463

503

Otherwise dealt with (6)

63

148

862

927

994

(1) An offence under S42A Family Law Act 1996

(2) 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. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

(3) 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 make sure that data collection processes and their inevitable limitations are taken into account when those data are used.

(4) The number of defendants found guilty in a particular year may exceed the number proceeded against as the proceedings in the magistrates' court took place in an earlier year and the defendants were found guilty at the Crown Court in the following year; or the defendants were found guilty of a different offence to that for which they were originally proceeded against.

(5) 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.

(6) The category Otherwise Dealt With (ODW) includes: one day in police cells; disqualification order; restraining order; confiscation order; travel restriction order; disqualification from driving; recommendation for deportation; and other miscellaneous disposals.

Source: Justice Statistics Analytical Services - Ministry of Justice.

Ref: PQ 226458

The number of offenders convicted of breaching a non-molestation order on one, two, or three or more occasions in each of the last five years for which data is available are provided in Table 4. These figures have been drawn from an extract of the Police National Computer (PNC) data held by the Department - they will differ from the figures taken from the Ministry of Justice (MoJ) court proceedings database. The PNC holds details of all convictions and cautions given for recordable offences. Hence, police recorded crime and data court proceedings are not directly comparable.

As with any large scale recording system the PNC is subject to possible errors with data entry and processing so data provided may be subject to revision.

Table 4 - Number of offenders breaching non-molestation orders, England and Wales1

Number of non-molestation order breach offences2

12 months ending September3

1

2

3 or more

2010

1,854

190

43

2011

1,847

206

44

2012

1,960

224

45

2013

2,200

220

36

2014

2,559

308

46

Data Source: MoJs copy of the Police National Computer

1. England and Wales includes all 43 police force areas and the British Transport Police

2. Where the primary offence on a given occasion was a non-molestation order breach offence.

3. The same offender may appear in multiple years.


Speech in Commons Chamber - Mon 03 Dec 2012
Leveson Inquiry

"I am just wondering whether I misheard my right hon. Friend. For the record, I made the case that I do not believe that effective regulation will be possible without legislation. I will send him a copy of the Hansard record of my speech later...."
Lord Goldsmith of Richmond Park - View Speech

View all Lord Goldsmith of Richmond Park (Con - Life peer) contributions to the debate on: Leveson Inquiry