Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, of the people who have been charged under (a) section 2A and (b) section 4A of the Protection from Harassment Act 1997, how many have so far (a) received a custodial sentence, (b) received a non-custodial sentence, (c) not proceeded with and (d) still pending.
Answered by Mike Penning
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 two stalking offences provide further options for prosecutors when considering charges relating to harassing behaviour. 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.
A court dealing with a person convicted of any offence, including those under sections 2, 2A, 4 or 4A of the Protection from Harassment Act 1997, may make a restraining order prohibiting the defendant from doing anything described in the order. This order can be made in addition to a custodial sentence or other sentence. The order can be especially useful in preventing continued stalking and harassment by defendants, including those who are given sentences of imprisonment. Breach of a restraining order has a maximum penalty of five years’ imprisonment.
Sentencing in individual cases is entirely a matter for our independent courts, taking account of all the circumstances of each case.
The number of restraining orders issued at all courts and those found guilty of breach of a restraining order under the Protection of Harassment Act 1997 in England and Wales from 2011 to 2013 (latest available) can be viewed in table 1.
The number of defendants proceeded against at magistrates' court, found guilty and sentenced at all courts, with sentencing breakdown, for selected offences under the Protection from Harassment Act 1997, in England & Wales, from 2012 to 2013, can be viewed in table 2. The Ministry of Justice does not hold figures on cases not yet dealt with.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, in respect of how many alleged offences under section 2A of the Protection from Harassment Act 1997 proceedings are currently active in magistrates' courts in England and Wales.
Answered by Shailesh Vara
As of 30 June 2014, the latest date for which data is available, there were 157 proceedings under Section 2A of the Protection from Harassment Act 1997 outstanding in magistrates’ courts in England and Wales.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Attorney General:
To ask the Attorney General, how many people have been charged to date under sections (a) 2A and (b) 4A of the Protection from Harassment Act 1997 who could not have been charged using sections (i) 2 and (ii) 4.
Answered by Robert Buckland
The Crown Prosecution Service (CPS) does not maintain a separate record of the number of people charged and prosecuted for stalking under sections (a) 2A and (b) 4A of the Protection from Harassment Act 1997 who could not have been charged for harassment using sections (i) 2 and (ii) 4.
The Protection of Freedoms Act 2012 does not provide a definitive list of behaviors that would allow for a prosecution for either harassment or stalking and CPS prosecutors determine the most appropriate charges in any given prosecution based on the facts of the case.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether her Department has any plans to introduce a register for serial stalkers.
Answered by Norman Baker
Convicted stalkers are already captured on the Police National Computer. We need to make better use of existing databases and improve connectivity and information sharing rather than creating new databases or registers for each and every offence. We are working with the police and Crown Prosecution Service to raise awareness and improve professional knowledge. Since October 2012 the College of Policing training package on investigating stalking effectively has been completed over 56,000 times by police. Over 1,500 Crown Prosecution Service (CPS) staff have completed training in stalking.
In addition, the Home Secretary has established a National Oversight Group to ensure recommendations from HMIC’s Review into domestic abuse are acted upon. This includes work to improve data collection and data sharing on serial abusers.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Attorney General:
To ask the Attorney General, in respect of how many alleged offences under section 4A of the Protection from Harassment Act 1997 proceedings are currently active in magistrates' and Crown courts in England and Wales.
Answered by Robert Buckland
The Crown Prosecution Service (CPS) maintains a central record of the number of people charged and prosecuted, however it is not possible to identify the numbers of individuals prosecuted for offences charged under specific pieces of legislation.
Figures are only held for the number of offences charged under sections 2A and 4A of the Protection from Harassment Act 1997 in cases finalised by the CPS. It is not possible to identify the number of currently active proceedings in the courts involving charges under any specific pieces of legislation.
The CPS maintains a central record of the number of offences charged, not defendants prosecuted, under sections 2A and 4A of the 1997 Act. A single defendant may be prosecuted for multiple offences.
The attached tables detail the number of offences charged under S.4A(1)(a)(b)(i) and S.4A(1)(a)(b)(ii) by each police force in England and Wales, and the number of offences charged under 2A(1) of the 1997 Act by each police force in England and Wales.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Attorney General:
To ask the Attorney General, how many Crown Prosecution lawyers have been trained to deal with offences of stalking under sections 2A and 4A of the Protection from Harassment Act 1997 in each Crown Prosecution Service area; and if he will make a statement.
Answered by Robert Buckland
The Crown Prosecution Service (CPS) has developed two online e-Learning courses on all types of stalking. The “Cyber Crime: Cyber Stalking” course includes cyber stalking, non-cyber stalking and harassment. The “Stalking and Harassment” course (which was released in April 2014) deals specifically with stalking and harassment offences. The CPS maintains a central record of the number of prosecutors who have been trained to deal with stalking and harassment offences by way of the e-Learning courses.
The data covers the period 1 November 2012 (the month when the Cyber Stalking e-Learning module was revised to include the new stalking offences) to 21 October 2014 and is in relation to solicitors and barristers with practising certificates. The data includes only those lawyers who have completed all elements of either the Cyber Stalking or Stalking and harassment e-Learning courses.
The numbers of staff who have completed the training are lower than those given in answers to previous Parliamentary Questions as a result of staff moves, career breaks and departures in the wider context of a reducing staff headcount. The CPS continues to train staff to deal with stalking and harassment offences on an ongoing basis.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Attorney General:
To ask the Attorney General, how many people have been (a) charged and (b) prosecuted under sections 2A and 4A of the Protection from Harassment Act 1997.
Answered by Robert Buckland
The Crown Prosecution Service (CPS) maintains a central record of the number of people charged and prosecuted, however it is not possible to identify the numbers of individuals prosecuted for offences charged under specific pieces of legislation.
Figures are only held for the number of offences charged under sections 2A and 4A of the Protection from Harassment Act 1997 in cases finalised by the CPS. It is not possible to identify the number of currently active proceedings in the courts involving charges under any specific pieces of legislation.
The CPS maintains a central record of the number of offences charged, not defendants prosecuted, under sections 2A and 4A of the 1997 Act. A single defendant may be prosecuted for multiple offences.
The attached tables detail the number of offences charged under S.4A(1)(a)(b)(i) and S.4A(1)(a)(b)(ii) by each police force in England and Wales, and the number of offences charged under 2A(1) of the 1997 Act by each police force in England and Wales.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Attorney General:
To ask the Attorney General, how many people have been charged under (a) section 2A and (b) section 4A of the Protection from Harassment Act 1997 in each police force in England and Wales since those sections came into force.
Answered by Robert Buckland
The Crown Prosecution Service (CPS) maintains a central record of the number of people charged and prosecuted, however it is not possible to identify the numbers of individuals prosecuted for offences charged under specific pieces of legislation.
Figures are only held for the number of offences charged under sections 2A and 4A of the Protection from Harassment Act 1997 in cases finalised by the CPS. It is not possible to identify the number of currently active proceedings in the courts involving charges under any specific pieces of legislation.
The CPS maintains a central record of the number of offences charged, not defendants prosecuted, under sections 2A and 4A of the 1997 Act. A single defendant may be prosecuted for multiple offences.
The attached tables detail the number of offences charged under S.4A(1)(a)(b)(i) and S.4A(1)(a)(b)(ii) by each police force in England and Wales, and the number of offences charged under 2A(1) of the 1997 Act by each police force in England and Wales.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what proportion of police staff in each police area in England and Wales have received training in sections 2A and 4A of the Protection from Harassment Act 1997.
Answered by Mike Penning
The College of Policing sets standards and provides relevant training products and services to police forces. This includes a College of Policing training package on stalking which has been completed 56,748 times between October 2012 and 30 September 2014 by police officers and staff in England and Wales.
The Home Office does not hold information which breaks this figure down by police officers and staff for each police area in England and Wales.
Asked by: Elfyn Llwyd (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if she will introduce a new protective order to place a positive obligation on stalkers.
Answered by Norman Baker
The Coalition Government is committed to protecting victims of stalking, which is why we introduced two new stalking offences in 2012. While we have no current plans to legislate further on this issue, we will continue to keep the legal framework under review.