Asked by: Jess Phillips (Labour - Birmingham, Yardley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, (a) how many and (b) what proportion of convictions flagged as domestic abuse offences resulted in (i) a suspended sentence and (ii) a community sentence in each month since 2015.
Answered by Sam Gyimah
Information on offences separately identified as domestic abuse cannot be separated out from other forms of assault or abuse in records held centrally by the Ministry of Justice. This is because data on the relationship between the victim and defendant is held on individual court records and therefore the information requested could only be provided at disproportionate costs.
Asked by: Jess Phillips (Labour - Birmingham, Yardley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, (a) how many and (b) what proportion of convictions flagged as domestic abuse offences resulted in a (i) custodial sentence and (ii) fine in each month since 2015.
Answered by Sam Gyimah
Information on offences separately identified as domestic abuse cannot be separated out from other forms of assault or abuse in records held centrally by the Ministry of Justice. This is because data on the relationship between the victim and defendant is held on individual court records and therefore the information requested could only be provided at disproportionate costs.
Asked by: Jess Phillips (Labour - Birmingham, Yardley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what sentences resulted for all convictions for the offence of coercive and controlling behaviour in each month since December 2015.
Answered by Dominic Raab
The number of offenders sentenced at all courts for offences of engaging in controlling or coercive behaviour in an intimate or family relationship, by month, in England and Wales, from December 2015 to December 2016 can be viewed in the table which is a further breakdown of published data.
Court proceedings data for 2017 are planned for publication on 17 May 2018.
Asked by: Jess Phillips (Labour - Birmingham, Yardley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether her Department plans to collect data on victims of rape who are cross-examined about their sexual history by lawyers during the course of Crown Court trials.
Answered by Phillip Lee
We are committed to making sure that victims of crime get the support they need and have the confidence in the Criminal Justice System to come forward. I am reviewing how this law is working in practice with the Attorney General.
Asked by: Jess Phillips (Labour - Birmingham, Yardley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what representations she has received on the operation of the Code of Practice for Victims of Crime.
Answered by Phillip Lee
Concerns have been raised about the operation of the Code of Practice for Victims of Crime and we are actively considering how compliance might be improved and monitored. We have committed to set out our strategy for victims by 2018. Representations on the Code of Practice will inform this work.
The Commissioner for Victims and Witnesses, Baroness Newlove, regularly reviews the operation of the Code of Practice. She has published a number of reviews including about Victim Personal Statements on 18 January, and on 22 February published a review of children’s entitlements in the Code of Practice. The Department received representations on 23 January from Voice4Victims containing case studies of victims’ experiences including apparent failures to receive their entitlements under the Code of Practice.
The Department’s Ministers and officials regularly engage with victims’ organisations in relation to victims’ policy matters, to understand issues and concerns as well as to make sure that they can contribute to policy work. On 14 March I attended the cross-party Victims’ Forum, convened by Voice4Victims and chaired by Baroness Brinton of Kenardington, to listen to the concerns of victims and victims’ groups about the operation of the Code of Practice. We anticipate receiving further written representations from members of the Forum, and other information on victims’ experience of the criminal justice system.
Ministers and officials are engaging and working with agencies with responsibilities under the Code of Practice about the operation of it and concerns that have been raised.
Asked by: Jess Phillips (Labour - Birmingham, Yardley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if she will review the definition of vulnerability in relation to when that term is considered as an aggravating factor during sentencing.
Answered by Sam Gyimah
Aggravating factors, including those relating to vulnerability, are set out in sentencing guidelines which are issued by the independent Sentencing Council.
The Council consults widely on its guidelines as they are developed, including consulting on aggravating and mitigating factors. The Council is currently consulting on draft guidelines for domestic abuse and intimidatory offences. More information can be found on the Council’s website: www.sentencingcouncil.org.uk
Asked by: Jess Phillips (Labour - Birmingham, Yardley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many restraining orders issued (a) prohibited online contact and (b) restricted the ability of the subject of the order to take civil court actions against the victim in the latest year for which figures are available.
Answered by Phillip Lee
Information on the number of restraining orders issued by courts is reported to and centrally collated by the Ministry of Justice. However, the specific details of the prohibitions contained within these orders are not centrally collated due to their complexity. This information is held on individual court files and could only be provided at disproportionate cost.
Asked by: Jess Phillips (Labour - Birmingham, Yardley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether her Department plans to issue a pro forma for courts in England and Wales to assist with the precise wording of restraining orders.
Answered by Oliver Heald
There are no plans to issue a pro forma for courts in England and Wales to assist with the precise wording of restraining orders. The terms in which court orders are made is a matter for the court and the prohibitions imposed by a restraining order will depend to a significant extent on the circumstances of the individual case.
Asked by: Jess Phillips (Labour - Birmingham, Yardley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many restraining orders were issued by courts in England and Wales in each of the last three years; how many of those orders were breached (a) once, (b) twice, (c) three times and (d) on four or more occasions; and for each category of numbers of breaches, how often a custodial sentence was handed down.
Answered by Sam Gyimah
The number of restraining orders issued and sentences given for breaches of restraining orders, from 2013 to 2015, in England and Wales, can be viewed in the following tables.
Court proceedings data for 2016 are planned for publication in May 2017.
Table 1: Restraining orders issued by the courts and offenders convicted and sentenced for breach of restraining orders, with sentencing outcomes, England & Wales, 2013 to 2015(1)(2) | |||
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| 2013(3) | 2014 | 2015 |
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Restraining orders issued(4)(5)(6) | 20,356 | 21,508 | 23,057 |
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Offenders convicted of breaching a restraining order |
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Convicted | 6,348 | 7,371 | 8,395 |
Sentenced | 6,205 | 7,083 | 8,194 |
Immediate custody | 2,237 | 2,606 | 2,989 |
Suspended sentence | 827 | 1,068 | 1,346 |
Community sentence | 1,565 | 1,524 | 1,815 |
Fine | 848 | 1,020 | 1,137 |
Absolute discharge | 40 | 47 | 57 |
Conditional discharge | 469 | 532 | 624 |
Otherwise dealt with | 211 | 281 | 221 |
Compensation | 8 | 5 | 5 |
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(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. | |||
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(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. | |||
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(3) Previously issued figures for 2013 have been revised following the receipt of a small amount of late data. | |||
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(4) Includes restraining orders issued on conviction or acquittal. | |||
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(5) Issued under either S.5 Protection from Harassment Act 1997 or S.5A Sex Offenders Act 1997. | |||
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(6) SOPOs 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. | |||
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Source: Justice Statistics Analytical Services - Ministry of Justice. |
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PQ: 64617 |
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Table 2: Offenders convicted for breaching restraining orders and sentences received, England and Wales, April 2013 to March 2016 1,2,3 | ||||||||
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Financial year | Number of breaches | Occasions on which the offender received4 |
| Number of offenders6 | ||||
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| Custodial sentence5 | Non-custodial sentence5 | Total |
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2013/14 | 1 |
| 996 | 2,364 | 3,360 |
| 3,360 |
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| 2 |
| 887 | 1,173 | 2,060 |
| 1,030 |
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| 3 |
| 623 | 568 | 1,191 |
| 397 |
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| 4 or more |
| 1,489 | 909 | 2,398 |
| 446 |
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2014/15 | 1 |
| 1,115 | 2,679 | 3,794 |
| 3,794 |
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| 2 |
| 982 | 1,292 | 2,274 |
| 1,137 |
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| 3 |
| 734 | 673 | 1,407 |
| 469 |
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| 4 or more |
| 1,893 | 1,124 | 3,017 |
| 538 |
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2015/16 | 1 |
| 1,154 | 3,162 | 4,316 |
| 4,316 |
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| 2 |
| 1,131 | 1,545 | 2,676 |
| 1,338 |
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| 3 |
| 939 | 909 | 1,848 |
| 616 |
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| 4 or more |
| 2,191 | 1,350 | 3,541 |
| 635 |
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Source: MoJ's extract of the Police National Computer |
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Notes: |
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1) Figures exclude those who were cautioned rather than convicted |
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2) A restraining order refers to a restraining order under the Protection from Harassment Act 1997 Sec.5 | ||||||||
3) Figures refer to convictions in which breach of a restraining order was the main offence | ||||||||
4) Occasion refers to an occasion which an offender is sentenced |
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5) Custodial sentence refers to immediate custodial sentences only. Other sentences are non-custodial | ||||||||
6) The number of breaches an individual offender has been convicted for is taken at the offender's last conviction for the offence in each financial year. The offender may appear in multiple years where they were convicted of the offence in more than one year | ||||||||
Asked by: Jess Phillips (Labour - Birmingham, Yardley)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether she has plans to increase or strengthen the powers and duties of the Victims' Commissioner.
Answered by Phillip Lee
The role of the Commissioner for Victims and Witnesses is defined in the Domestic Violence, Crime and Victims Act 2004. It is to promote the interests of victims and witnesses, encourage good practice in their treatment, and regularly review the operation of the Code of Practice for Victims. There are no current plans to change the role of the Commissioner as provided by the legislation.