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536170

registered interest
date	13/07/2016
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Vetting
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, how many Disclosure and Barring Service renewal applications were made prior to the renewal date and issued after the applicants' certificate expired in the last 12 months.
tabling member constituency	West Lancashire
tabling member printed	Rosie Cooper
uin	42590
answer	answer is ministerial correction date of answer 18/07/2016 answer text <p>The Disclosure and Barring Service is responsible for issuing criminal record certificates and the maintenance of children’s and adults’ barred lists. The Disclosure and Barring Service has a target of processing 85% of all disclosure applications within 21 days. In the vast majority of cases (95%), disclosure certificates are issued within 8 weeks (2015/16).</p><p>Criminal record certificates issued by the Disclosure and Barring Service do not expire after a specific period of time and do not include a renewal date. A certificate has no set period of validity. Information revealed through a Disclosure and Barring Service check reflects the information that was available at the time of its issue. Disclosure certificates are primarily designed to be used by an employer at the point of recruitment for a particular position.</p><p>Some roles and some employers require the person concerned to “renew” their Disclosure and Barring Service check at specific intervals. The person can do that either by applying for a new certificate or by using the Disclosure and Barring Service Update Service.</p><p>It would not be appropriate to comment on specific cases, but there are a number of factors which can affect the timely completion of checks. These include the length of time if can take for an employer to deal with the initial application, the accurate completion of the application form, the clarity of the information provided, the existence of conviction or non-conviction information, legal challenges and the operational effectiveness of the disclosure units of the police forces involved, if any, in the enhanced process. In some cases, forces will ask Disclosure and Barring Service to clarify some details provided by the applicant which requires further investigation and this can cause further delays.</p> answering member constituency Hemel Hempstead answering member printed Mike Penning grouped question UIN 42591 42724 question first answered 18/07/2016 09:18:28 answering member 1528 label Biography information for Sir Mike Penning
tabling member	1538 label Biography information for Rosie Cooper

536171

registered interest
date	13/07/2016
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Vetting
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, how many Disclosure and Barring Service checks are yet to be processed which are (a) one, (b) three and (c) six months after the relevant renewal date.
tabling member constituency	West Lancashire
tabling member printed	Rosie Cooper
uin	42591
answer	answer is ministerial correction date of answer 18/07/2016 answer text <p>The Disclosure and Barring Service is responsible for issuing criminal record certificates and the maintenance of children’s and adults’ barred lists. The Disclosure and Barring Service has a target of processing 85% of all disclosure applications within 21 days. In the vast majority of cases (95%), disclosure certificates are issued within 8 weeks (2015/16).</p><p>Criminal record certificates issued by the Disclosure and Barring Service do not expire after a specific period of time and do not include a renewal date. A certificate has no set period of validity. Information revealed through a Disclosure and Barring Service check reflects the information that was available at the time of its issue. Disclosure certificates are primarily designed to be used by an employer at the point of recruitment for a particular position.</p><p>Some roles and some employers require the person concerned to “renew” their Disclosure and Barring Service check at specific intervals. The person can do that either by applying for a new certificate or by using the Disclosure and Barring Service Update Service.</p><p>It would not be appropriate to comment on specific cases, but there are a number of factors which can affect the timely completion of checks. These include the length of time if can take for an employer to deal with the initial application, the accurate completion of the application form, the clarity of the information provided, the existence of conviction or non-conviction information, legal challenges and the operational effectiveness of the disclosure units of the police forces involved, if any, in the enhanced process. In some cases, forces will ask Disclosure and Barring Service to clarify some details provided by the applicant which requires further investigation and this can cause further delays.</p> answering member constituency Hemel Hempstead answering member printed Mike Penning grouped question UIN 42590 42724 question first answered 18/07/2016 09:18:28 answering member 1528 label Biography information for Sir Mike Penning
tabling member	1538 label Biography information for Rosie Cooper

536298

registered interest
date	13/07/2016
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Vetting: Lancashire
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, with reference to correspondence with her from the hon. Member for West Lancashire, for what reasons the Disclosure and Barring Service took from 8 October 2015 to 18 April 2016 to process the certificate application of a West Lancashire constituent.
tabling member constituency	West Lancashire
tabling member printed	Rosie Cooper
uin	42724
answer	answer is ministerial correction date of answer 18/07/2016 answer text <p>The Disclosure and Barring Service is responsible for issuing criminal record certificates and the maintenance of children’s and adults’ barred lists. The Disclosure and Barring Service has a target of processing 85% of all disclosure applications within 21 days. In the vast majority of cases (95%), disclosure certificates are issued within 8 weeks (2015/16).</p><p>Criminal record certificates issued by the Disclosure and Barring Service do not expire after a specific period of time and do not include a renewal date. A certificate has no set period of validity. Information revealed through a Disclosure and Barring Service check reflects the information that was available at the time of its issue. Disclosure certificates are primarily designed to be used by an employer at the point of recruitment for a particular position.</p><p>Some roles and some employers require the person concerned to “renew” their Disclosure and Barring Service check at specific intervals. The person can do that either by applying for a new certificate or by using the Disclosure and Barring Service Update Service.</p><p>It would not be appropriate to comment on specific cases, but there are a number of factors which can affect the timely completion of checks. These include the length of time if can take for an employer to deal with the initial application, the accurate completion of the application form, the clarity of the information provided, the existence of conviction or non-conviction information, legal challenges and the operational effectiveness of the disclosure units of the police forces involved, if any, in the enhanced process. In some cases, forces will ask Disclosure and Barring Service to clarify some details provided by the applicant which requires further investigation and this can cause further delays.</p> answering member constituency Hemel Hempstead answering member printed Mike Penning grouped question UIN 42590 42591 question first answered 18/07/2016 09:18:28 answering member 1528 label Biography information for Sir Mike Penning
tabling member	1538 label Biography information for Rosie Cooper

446377

registered interest
date	20/01/2016
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Police: Emergency Calls
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what guidance her Department has issued to police forces on their emergency response to incidents reporting breaking and entering, burglary and vandalism to vehicles, and other criminal activity when the criminal act is reported as being in progress.
tabling member constituency	West Lancashire
tabling member printed	Rosie Cooper
uin	23403
answer	answer is ministerial correction date of answer 25/01/2016 answer text <p>We are clear that all crimes reported to the police should be taken seriously, but it is an operational decision for the police to decide how best to respond to an individual report of crime including where a criminal act may be in progress.</p><p>While we do expect the nature of the police response to take account of the relevant circumstances, including any vulnerabilities or aggravating factors such as where members of the public may be at risk of harm, the Home Office does not issue guidance to the police on such operational matters.</p><p>These are the responsibility of Chief Constables, in association with Police and Crime Commissioners, and guidance may be published by the independent College of Policing.</p> answering member constituency Hemel Hempstead answering member printed Mike Penning question first answered 25/01/2016 18:58:24 answering member 1528 label Biography information for Sir Mike Penning previous answer version 40801 answering member constituency Hemel Hempstead answering member printed Mike Penning answering member 1528 label Biography information for Sir Mike Penning
tabling member	1538 label Biography information for Rosie Cooper

418469

registered interest
date	11/09/2015
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Company Investigations: Freezing of Assets
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, whether the scope of police powers to freeze company assets encompasses a company domain name; what provisions exists for such a domain name to be renewed if it was frozen during a police investigation; who is permitted to renew such a name where a company under investigation has no access to its assets; and what recourse a company has to regain its domain name if it was lost during the course of a police investigation.
tabling member constituency	West Lancashire
tabling member printed	Rosie Cooper
uin	9975
answer	answer is ministerial correction date of answer 17/09/2015 answer text <p>The Proceeds of Crime Act 2002 permits an application for a restraint order to be made to “freeze” the property of an alleged offender and has the effect of freezing realisable property that may be liable to a later confiscation order. The Act defines realisable property as any free property held by the defendant including any intangible or incorporeal property. The intellectual property rights in a domain name could fall within this definition and so a restraint order would be available. A company is a separate legal entity to its shareholders and directors and so a restraint order against realisable property held by a company would only be available where the alleged offender was that company. The terms of the restraint order prevent the alleged offender from dealing with their realisable property. Whilst property is under restraint, the judge may, depending on the circumstances of the case, exempt property which is required for legitimate business purposes to enable a person to carry on any trade, profession or occupation, for example, to enable continued use of a domain name.</p> answering member constituency Hemel Hempstead answering member printed Mike Penning question first answered 17/09/2015 11:27:11 answering member 1528 label Biography information for Sir Mike Penning
tabling member	1538 label Biography information for Rosie Cooper

418471

registered interest
date	11/09/2015
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Company Investigations: Freezing of Assets
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, whether Sussex Police are required to freeze the assets of a company they are investigating; on what grounds police may freeze the assets of a company they are investigating; and at what point such assets may be unfrozen if police bail has expired and no charges have been brought.
tabling member constituency	West Lancashire
tabling member printed	Rosie Cooper
uin	9976
answer	answer is ministerial correction date of answer 16/09/2015 answer text <p>The Proceeds of Crime Act 2002 permits an application for a restraint order to be made to “freeze” assets of an alleged offender, which includes a company, if there is reasonable cause to suspect that an offender has benefitted from their criminal conduct. A restraint order has the effect of freezing property that may be liable to confiscation following a trial and the subsequent making of a confiscation order. There is no legal requirement for a police force to freeze the assets of a company they are investigating, although it is good practice to do so in cases in which assets need to be preserved for confiscation at a later date. A restraint order may be made by a Crown Court if any of the following conditions are satisfied:</p><p>(1) A criminal investigation has been started in England and Wales and there is reasonable grounds to suspect that the alleged offender has benefitted from criminal conduct</p><p>(2) Proceedings for an offence have been commenced in England and Wales and not concluded and there is reasonable grounds to believe that an alleged offender has benefitted from criminal conduct.</p><p>In addition to the statutory conditions, there must be a real risk that the assets will be dissipated.</p><p>A restraint order can be varied or discharged upon application by a person affected by the order. The Proceeds of Crime Act also provides that the court is required to discharge any restraint order at the conclusion of proceedings. If an order is made under condition (1) above, the court is also required to monitor progress with the investigation, and if a decision to charge is not made within a reasonable time, the court may discharge the restraint order.</p> answering member constituency Hemel Hempstead answering member printed Mike Penning question first answered 16/09/2015 12:20:37 answering member 1528 label Biography information for Sir Mike Penning
tabling member	1538 label Biography information for Rosie Cooper

391493

registered interest
date	20/07/2015
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Seized Articles
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for the Home Department, what guidelines her Department issues to police forces on requiring lists of goods seized from a company during an investigation to be produced within a specified timescale.
tabling member constituency	West Lancashire
tabling member printed	Rosie Cooper
uin	8094
answer	answer is ministerial correction date of answer 07/09/2015 answer text <p>The Police and Criminal Evidence Act 1984, Code of Practice B, section 7 ‘Seizure of Property’, paragraph 16 is clear that, ‘if property is retained, the person who had custody or control of it immediately before seizure must, on request, be provided with a list of description of the property within a reasonable time’.</p> answering member constituency Hemel Hempstead answering member printed Mike Penning question first answered 07/09/2015 15:48:18 answering member 1528 label Biography information for Sir Mike Penning
tabling member	1538 label Biography information for Rosie Cooper