Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Attorney General:
To ask the Attorney General, how many victims of crime have asked the Crown Prosecution Service to review a decision not to bring charges or to terminate proceedings since the introduction of the Victims' Right to Review Scheme.
Answered by Robert Buckland
The Crown Prosecution Service (CPS)’s Victims’ Right to Review scheme came into effect on 5 June 2013. Between the date the scheme commenced and 31 December 2014, the CPS has reviewed 2,423 appeals of which 315 (13.0%) were upheld.
The number of decisions overturned represents a very small fraction of all the decisions made by CPS lawyers. During the period from 1 June 2013 to 31 December 2014, the CPS finalised 198,786 cases with a qualifying decision. This means that approximately 0.16% of cases that would qualify under the scheme resulted in an upheld Appeal.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, in what proportion of relevant cases were victim impact statements submitted to Crown courts in criminal proceedings in each of the last five years.
Answered by Andrew Selous - Second Church Estates Commissioner
We published a new Victims’ Code in December 2013 which sets out in plain language what support and information people should expect from the moment they report a crime to the end of a trial and beyond and who to demand help from if they are not receiving it. Significantly, for the first time it entitles victims and bereaved relatives to ask to read out their Victim Personal Statement (VPS) to the court before an offender is sentenced. This gives them the opportunity to explain in their own words how the crime has affected them and their family.
HM Courts and Tribunals Service does not record information in relation to the number and proportion of cases in which victim personal statements are submitted in criminal proceedings. The Government has made a commitment to monitor criminal justice agencies’ compliance with the Victims’ Code and in Our Commitment to Victims, published on 15 September 2014, we announced that criminal justice agencies will publish information on how they have improved services for victims by April 2015.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what research her Department has conducted into coercive control in domestic violence complaints.
Answered by Baroness Featherstone
I refer the Honourable Member to my previous answer on this issue, given on 9 February to written question 222927.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many complaints by victims of crime have been lodged against (a) the police and (b) the Crown Prosecution Service in each of the last five years.
Answered by Mike Penning
The table shows the total number of complaint cases recorded against all Home
Office Police Forces and the British Transport Police from 2009/10 – 2013/14
(data is from the Independent Police Complaints Commission). Data is not
collected on whether the complainant in each case is a victim of crime.
Full statistics on police complaints are published by the Independent Police
Complaints Commission on its website; this includes a breakdown of the number
of complaints by police force: www.ipcc.gov.uk
The Home Office does not collect data on the number of complaints made against
the Crown Prosecution Service.
*The definition of a complaint was broadened from this point onwards to include direction and control (applies to complaints received on or after 22 November 2012). | ||||||||||||
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many incidents of domestic violence were reported to the police in the last three years; and in how many of those cases there was a complaint of coercive control.
Answered by Baroness Featherstone
The Home Office receives information on the number of domestic abuse incidents recorded by the police. Information is not received on the number of complaints received. The latest available statistics show that the police recorded 755,354 domestic abuse incidents in 2010/11, 817,522 incidents in 2011/12 and 838,026 incidents in 2012/13.
The increase in domestic abuse incidents recorded by the police over this time period is thought to reflect improvements in the identification and recording of these incidents by the police.
The domestic abuse incident collection covers both physical and non-physical abuse, but it is not possible from these data to indentify how many cases included an element of coercive control.
The 2013/14 data will be published by the Office for National Statistics on 12 February 2015.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what research her Department has (a) conducted and (b) commissioned into the incidence of coercive control in domestic violence complaints.
Answered by Baroness Featherstone
The Crime Survey for England and Wales provides comprehensive data on the nature of domestic violence and abuse, and there is now a widespread understanding that domestic abuse is not just about violence. In recognition of this, in March 2013, we expanded the Government’s non-statutory definition of domestic violence and abuse to capture coercive and controlling behaviour.
In 2014, we consulted on whether the legal framework to protect victims of domestic abuse should be strengthened, recognising that coercive and controlling behaviour can be harder to recognise but can have an equally devastating impact on its victims. The majority of respondents to the consultation agreed that there is a gap in the law, and we are now legislating to close this gap. A summary of the evidence collected from the consultation is published at:
https://www.gov.uk/government/consultations/strengthening-the-law-on-domestic-abuse
We are committed to improving the way data on domestic abuse including coercive and controlling behaviour is collected. New guidelines have been issued to the police on collecting domestic abuse data against a clear national standard. We are also developing a reliable and safe model for surveying victims of domestic abuse.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how many requests there have been to social media companies under the Regulation of Investigatory Powers Act 2000 in the last two years; and on how many occasions the information requested was (a) supplied and (b) refused.
Answered by Mike Penning
Investigatory powers, including interception, communications data and surveillance, are fundamental to investigating crime, safeguarding national security and protecting the public. The use of these powers is subject to
stringent safeguards and is primarily regulated by the Regulation of Investigatory Powers Act 2000.
The Interception of Communications Commissioner provides robust, independent oversight of the use of interception and communications data and provides reports to the Prime Minister, which are published and laid in Parliament.
These reports includes statistics on public authorities’ use of interception and communications data powers, and his 2013 report contained more statistics than ever before.
It would not be appropriate to provide further details about the companies to which requests have been made, and their responses to such requests, as this would damage national security and efforts to fight serious crime.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many (a) prosecutions and (b) convictions there have been under the Computer Misuse Act 1990 in each year since it entered into force.
Answered by Mike Penning
The Government is absolutely clear that abusive or threatening behaviour, stalking or harassment, are totally unacceptable, whether online or offline. A number of offences may be committed by misusing the internet or social media in this way, in particular under section 1 of the Malicious Communications Act 1988 or section 127 of the Communications Act 2003. Changes to the law in the Criminal Justice and Courts Bill will help to ensure that people who commit those offences are prosecuted and properly punished.
Stalking causes misery for victims. That is why in 2012 we added to the Protection from Harassment Act 1997 two new specific offences of stalking (section 2A) and stalking involving fear of violence or serious alarm or distress (section 4A), the latter of which is punishable by up to five years in prison, or a fine, or both. Online stalking or harassment could amount to one of these offences if it is carried out as part of a ‘course of conduct’ which amounts to stalking, and could amount to the more serious offence if that course of conduct puts someone in fear of violence, or if it causes them serious alarm or distress which has a substantial adverse effect on their usual day-to-day activities
The number of defendants proceeded against at magistrates' courts and found
guilty at all courts for offences relating to the Computer Misuse Act 1990,
from 1990 to 2013 (latest data available), can be viewed in the table.
Information held centrally by the Ministry of Justice on the Court Proceedings Database does not include the circumstances behind each case beyond the description provided in the statute. It is not possible to separately identify from this centrally held information convictions and sentences involving the use or misuse of social media, or cyber crime. 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.
Court proceedings data for 2014 are planned for publication in May 2015.
| Defendants proceeded against at magistrates' court and found guilty at all courts for offences relating to the Computer Misuse Act 1990, England & Wales, 1990-2013(1)(2) | ||
| Year | Proceeded Against | Found Guilty(3) |
| 1990 | - | - |
| 1991 | 1 | 1 |
| 1992 | - | - |
| 1993 | - | - |
| 1994 | - | - |
| 1995 | - | - |
| 1996 | 2 | 2 |
| 1997 | - | - |
| 1998 | 16 | 9 |
| 1999 | 13 | 11 |
| 2000 | 19 | 15 |
| 2001 | 25 | 31 |
| 2002 | 18 | 14 |
| 2003 | 19 | 5 |
| 2004 | 21 | 12 |
| 2005 | 24 | 16 |
| 2006 | 25 | 18 |
| 2007 | 19 | 10 |
| 2008(4) | 17 | 12 |
| 2009 | 19 | 10 |
| 2010 | 10 | 18 |
| 2011 | 11 | 11 |
| 2012 | 25 | 27 |
| 2013 | 55 | 40 |
| Total | 339 | 262 |
| (-) Nil | ||
| (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) 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. | ||
| (4) Excludes data for Cardiff magistrates' court for April, July and August 2008. | ||
| Source: Justice Statistics Analytical Services - Ministry of Justice. | ||
| PQ 222192 | ||
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people were (a) charged, (b) convicted and (c) sentenced to custody following a conviction involving misuse of social media in the most recent year for which figures are available; and what offences they were (i) charged with, (ii) convicted of and (iii) sentenced for.
Answered by Mike Penning
The Government is absolutely clear that abusive or threatening behaviour, stalking or harassment, are totally unacceptable, whether online or offline. A number of offences may be committed by misusing the internet or social media in this way, in particular under section 1 of the Malicious Communications Act 1988 or section 127 of the Communications Act 2003. Changes to the law in the Criminal Justice and Courts Bill will help to ensure that people who commit those offences are prosecuted and properly punished.
Stalking causes misery for victims. That is why in 2012 we added to the Protection from Harassment Act 1997 two new specific offences of stalking (section 2A) and stalking involving fear of violence or serious alarm or distress (section 4A), the latter of which is punishable by up to five years in prison, or a fine, or both. Online stalking or harassment could amount to one of these offences if it is carried out as part of a ‘course of conduct’ which amounts to stalking, and could amount to the more serious offence if that course of conduct puts someone in fear of violence, or if it causes them serious alarm or distress which has a substantial adverse effect on their usual day-to-day activities
The number of defendants proceeded against at magistrates' courts and found
guilty at all courts for offences relating to the Computer Misuse Act 1990,
from 1990 to 2013 (latest data available), can be viewed in the table.
Information held centrally by the Ministry of Justice on the Court Proceedings Database does not include the circumstances behind each case beyond the description provided in the statute. It is not possible to separately identify from this centrally held information convictions and sentences involving the use or misuse of social media, or cyber crime. 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.
Court proceedings data for 2014 are planned for publication in May 2015.
| Defendants proceeded against at magistrates' court and found guilty at all courts for offences relating to the Computer Misuse Act 1990, England & Wales, 1990-2013(1)(2) | ||
| Year | Proceeded Against | Found Guilty(3) |
| 1990 | - | - |
| 1991 | 1 | 1 |
| 1992 | - | - |
| 1993 | - | - |
| 1994 | - | - |
| 1995 | - | - |
| 1996 | 2 | 2 |
| 1997 | - | - |
| 1998 | 16 | 9 |
| 1999 | 13 | 11 |
| 2000 | 19 | 15 |
| 2001 | 25 | 31 |
| 2002 | 18 | 14 |
| 2003 | 19 | 5 |
| 2004 | 21 | 12 |
| 2005 | 24 | 16 |
| 2006 | 25 | 18 |
| 2007 | 19 | 10 |
| 2008(4) | 17 | 12 |
| 2009 | 19 | 10 |
| 2010 | 10 | 18 |
| 2011 | 11 | 11 |
| 2012 | 25 | 27 |
| 2013 | 55 | 40 |
| Total | 339 | 262 |
| (-) Nil | ||
| (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) 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. | ||
| (4) Excludes data for Cardiff magistrates' court for April, July and August 2008. | ||
| Source: Justice Statistics Analytical Services - Ministry of Justice. | ||
| PQ 222192 | ||
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what proportion of people convicted under sections 2A or 4A of the Protection from Harassment Act 1997 used social media or cyber crime to harass or stalk their victims.
Answered by Mike Penning
The Government is absolutely clear that abusive or threatening behaviour, stalking or harassment, are totally unacceptable, whether online or offline. A number of offences may be committed by misusing the internet or social media in this way, in particular under section 1 of the Malicious Communications Act 1988 or section 127 of the Communications Act 2003. Changes to the law in the Criminal Justice and Courts Bill will help to ensure that people who commit those offences are prosecuted and properly punished.
Stalking causes misery for victims. That is why in 2012 we added to the Protection from Harassment Act 1997 two new specific offences of stalking (section 2A) and stalking involving fear of violence or serious alarm or distress (section 4A), the latter of which is punishable by up to five years in prison, or a fine, or both. Online stalking or harassment could amount to one of these offences if it is carried out as part of a ‘course of conduct’ which amounts to stalking, and could amount to the more serious offence if that course of conduct puts someone in fear of violence, or if it causes them serious alarm or distress which has a substantial adverse effect on their usual day-to-day activities
The number of defendants proceeded against at magistrates' courts and found
guilty at all courts for offences relating to the Computer Misuse Act 1990,
from 1990 to 2013 (latest data available), can be viewed in the table.
Information held centrally by the Ministry of Justice on the Court Proceedings Database does not include the circumstances behind each case beyond the description provided in the statute. It is not possible to separately identify from this centrally held information convictions and sentences involving the use or misuse of social media, or cyber crime. 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.
Court proceedings data for 2014 are planned for publication in May 2015.
| Defendants proceeded against at magistrates' court and found guilty at all courts for offences relating to the Computer Misuse Act 1990, England & Wales, 1990-2013(1)(2) | ||
| Year | Proceeded Against | Found Guilty(3) |
| 1990 | - | - |
| 1991 | 1 | 1 |
| 1992 | - | - |
| 1993 | - | - |
| 1994 | - | - |
| 1995 | - | - |
| 1996 | 2 | 2 |
| 1997 | - | - |
| 1998 | 16 | 9 |
| 1999 | 13 | 11 |
| 2000 | 19 | 15 |
| 2001 | 25 | 31 |
| 2002 | 18 | 14 |
| 2003 | 19 | 5 |
| 2004 | 21 | 12 |
| 2005 | 24 | 16 |
| 2006 | 25 | 18 |
| 2007 | 19 | 10 |
| 2008(4) | 17 | 12 |
| 2009 | 19 | 10 |
| 2010 | 10 | 18 |
| 2011 | 11 | 11 |
| 2012 | 25 | 27 |
| 2013 | 55 | 40 |
| Total | 339 | 262 |
| (-) Nil | ||
| (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) 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. | ||
| (4) Excludes data for Cardiff magistrates' court for April, July and August 2008. | ||
| Source: Justice Statistics Analytical Services - Ministry of Justice. | ||
| PQ 222192 | ||