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1541478

registered interest
date	11/11/2022
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Restraining Orders
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, how many restraining orders were (a) issued and (b) breached (i) once, (ii) twice, (iii) three times and (iv) on four or more occasions in each of the last three years; how many custodial sentences were given in each category of breach; and what was the average length of sentence issued.
tabling member constituency	Cardiff North
tabling member printed	Anna McMorrin
uin	84949
answer	answer is ministerial correction date of answer 16/11/2022 answer text <p>Please find attached a table detailing the number of restraining orders issued in each of the last 3 years in criminal courts.</p><p>The Ministry of Justice publishes information on the number of defendants prosecuted, convicted and sentenced for breaching a restraining order in criminal courts, for the years 2017-2021, in the Outcomes by Offence data tool 2021.</p><p>The number of defendants prosecuted for the offence in question can be found using the ‘Prosecutions and Convictions’ tab. The number of defendants sentenced for the offence in question, along with sentencing outcomes (e.g., immediate custody) can be found using the ‘Sentence Outcomes’ tab. The average custodial sentence length for this offence can be found using the ‘Average Amounts’ tab.</p><p>Use the HO offence code filter to select the applicable offences:</p><ul><li>00831 - Breach of Restraining Order (Protection from Harassment Act 1997)</li><li>00839 - Breach of Restraining Order (Sex Offenders Act 1997)</li><li>06638 - Breach of a Restraining Order issued on acquittal</li></ul><p>The Ministry of Justice’s court proceedings database records each instance in which a breach offence enters the court system. It is not possible to identify a specific restraining order against which a breach offence has been committed. It is therefore not possible to identify the number of times an individual may have breached the same restraining order, as it may be entered into the system under one or multiple breach offences. This information may be available by accessing court records, however, the costs of making such a search would be disproportionate.</p> answering member constituency Charnwood answering member printed Edward Argar question first answered 16/11/2022 17:02:20 answering member 4362 label Biography information for Edward Argar attachment 1 file name 2022-11-16 84949 table.xlsx title Table
tabling member	4632 label Biography information for Anna McMorrin

1227244

registered interest
date	22/07/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Restraining Orders
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, how many restraining orders have been broken in each (a) month of 2020 and (b) of the last five years.
tabling member constituency	Kingston and Surbiton
tabling member printed	Sir Edward Davey
uin	78473
answer	answer is ministerial correction date of answer 07/09/2020 answer text <p>The Ministry of Justice has published information on convictions for ‘Breach of a restraining order’ up to December 2019, which is available in the Outcomes by Offence data tool available here:</p><p> </p><p><a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/888664/outcomes-by-offence-tool-2019.xlsx" target="_blank">https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/888664/outcomes-by-offence-tool-2019.xlsx</a></p><p> </p><p> </p><p>The number of offenders convicted for ‘Breach of a restraining order’ in each year since 2009 can be found using the offence filter to search for ‘Breach of a restraining order’. Convictions can be found in row 24.</p><p>Court outcomes data for 2020 will be published in May 2021.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 07/09/2020 15:49:42 answering member 4503 label Biography information for Chris Philp
tabling member	188 label Biography information for Ed Davey

1092715

registered interest
date	21/03/2019
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Restraining Orders
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, how many restraining orders were issued in each of the last three years.
tabling member constituency	Upper Bann
tabling member printed	David Simpson
uin	235330
answer	answer is ministerial correction date of answer 28/03/2019 answer text <p>The total number of restraining orders issued at Magistrates Courts and Crown Courts in each of the last three years can be found in the table below. The Ministry of Justice will publish court outcome data for 2018 on 16 May 2019.</p><p> </p><p>Table 1. Number of restraining orders issued in England and Wales, 2015-2017.</p><p> </p><table><tbody><tr><td><p><strong>2015</strong></p></td><td><p><strong>2016</strong></p></td><td><p><strong>2017</strong></p></td></tr><tr><td><p>23,057</p></td><td><p>25,293</p></td><td><p>21,207</p></td></tr></tbody></table> answering member constituency Penrith and The Border answering member printed Rory Stewart question first answered 28/03/2019 17:32:14 answering member 4137 label Biography information for Rory Stewart
tabling member	1597 label Biography information for David Simpson

982776

registered interest
date	08/10/2018
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Restraining Orders
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what guidance is available to magistrates’ courts on imposing restraining orders.
tabling member constituency	Birmingham, Selly Oak
tabling member printed	Steve McCabe
uin	175901
answer	answer is ministerial correction date of answer 11/10/2018 answer text <p>Magistrates sit with legal advisers in court who advise them on the law. The framework for issuing restraining orders is set out in the Adult Court Bench Book, a digital copy of which is used by Magistrates sitting in criminal courts. The Bench Book is available publicly at <a href="https://www.judiciary.uk/publications/adult-court-bench-book-and-pronouncement-cards/" target="_blank">https://www.judiciary.uk/publications/adult-court-bench-book-and-pronouncement-cards/</a></p><p> </p><p>The framework is also reflected in the Sentencing Council Explanatory Materials which accompany the Magistrates’ Court Sentencing Guidelines - <a href="https://www.sentencingcouncil.org.uk/explanatory-material/item/ancillary-orders/21-restraining-orders/" target="_blank">https://www.sentencingcouncil.org.uk/explanatory-material/item/ancillary-orders/21-restraining-orders/</a>. All relevant individual Sentencing Guidelines include reference to the consideration of including a restraining order as an ancillary order on sentence.</p><p> </p><p>The subject of restraining orders will also be covered during Magistrates’ training where it is relevant to the subject matter in hand, for example in domestic abuse.</p> answering member constituency South East Cambridgeshire answering member printed Lucy Frazer question first answered 11/10/2018 16:29:13 answering member 4517 label Biography information for Lucy Frazer
tabling member	298 label Biography information for Steve McCabe

982777

registered interest
date	08/10/2018
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Restraining Orders
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what assessment he has made of the potential merits of introducing legislative proposals to ensure that it is not a reasonable excuse in defence of a charge of breaching a restraining order to assert that the order was not received because of a change of address.
tabling member constituency	Birmingham, Selly Oak
tabling member printed	Steve McCabe
uin	175902
answer	answer is ministerial correction date of answer 11/10/2018 answer text <p>Information on how many times the CPS has been unable to pursue charges relating to the breach of a restraining order in these circumstances is not available and could only be obtained by manually searching CPS case files, which would incur disproportionate cost. There has, however, been an overall rise in prosecutions commenced for breaches of restraining orders, especially for orders made on acquittal.</p><p> </p><p>The defendant will usually be present in court when an order is made, following a guilty plea or when the defendant is acquitted or convicted at the end of a trial. In those circumstances it is not necessary for a written copy of the order to have been received by the defendant for him or her to be guilty of breaching it, even though in most cases a written copy of the order will be supplied and may be sent by post to the defendant.</p><p> </p><p>The Criminal Procedure Rules require a prosecutor to give the defendant advance notice of the terms of any proposed restraining order and the court must not make an order unless the defendant has had the opportunity to see what is proposed and to make representations. I will ask the Criminal Procedure Rule Committee to consider whether any changes are required.</p> answering member constituency South East Cambridgeshire answering member printed Lucy Frazer grouped question UIN 175903 question first answered 11/10/2018 16:25:50 answering member 4517 label Biography information for Lucy Frazer
tabling member	298 label Biography information for Steve McCabe

806469

registered interest
date	14/12/2017
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Restraining Orders
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what discussions he has had on ensuring that restraining orders remain legally enforceable across the EU after the UK leaves the EU.
tabling member constituency	Cardiff Central
tabling member printed	Jo Stevens
uin	119545
answer	answer is ministerial correction date of answer 19/12/2017 answer text <p>The Government has published two position papers on civil and criminal justice that makes clear that continued effective frameworks in these areas are an important part of the deep and special partnership we want to establish with the EU. It is in the interests of the UK and the EU that there continue to be effective frameworks in these areas after we leave. The exact nature of these frameworks is the subject of negotiations with our EU partners.</p> answering member constituency Esher and Walton answering member printed Dominic Raab question first answered 19/12/2017 17:42:23 answering member 4007 label Biography information for Dominic Raab
tabling member	4425 label Biography information for Jo Stevens

731257

registered interest
date	21/06/2017
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Restraining Orders
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, how many restraining orders were issued by courts in England and Wales during 2015; and of those orders how many prohibited online contact via any social media platform.
tabling member constituency	Dwyfor Meirionnydd
tabling member printed	Liz Saville Roberts
uin	130
answer	answer is ministerial correction date of answer 28/06/2017 answer text <p>In 2015, 23,057 restraining orders were issued in total by all courts in England and Wales.</p><p>Information on the specific restrictions within each restraining order is held on individual court files and could therefore only be provided at disproportionate cost.</p> answering member constituency Esher and Walton answering member printed Dominic Raab question first answered 28/06/2017 15:26:12 answering member 4007 label Biography information for Dominic Raab
tabling member	4521 label Biography information for Liz Saville Roberts

712995

registered interest
date	21/03/2017
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Restraining Orders
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, how many people convicted under the terms of the Protection from Harassment Act 1997 have also been made the subject of a restraining order.
tabling member constituency	Dwyfor Meirionnydd
tabling member printed	Liz Saville Roberts
uin	68755
answer	answer is ministerial correction date of answer 28/03/2017 answer text <p>The number of offenders found guilty at all courts of offences under the Protection from Harassment Act 1997, who were also made the subject of a Restraining Order, in England and Wales in 2015 can be viewed in the table attached.</p><p> </p><p> </p> answering member constituency East Surrey answering member printed Mr Sam Gyimah question first answered 28/03/2017 16:34:26 answering member 3980 label Biography information for Mr Sam Gyimah attachment 1 file name Table PQ 68755.xls title Harassment and Restraining Order offenders
tabling member	4521 label Biography information for Liz Saville Roberts

711060

registered interest
date	14/03/2017
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Restraining Orders
house id	1
legislature	25259 pref label House of Commons
question text	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.
tabling member constituency	Birmingham, Yardley
tabling member printed	Jess Phillips
uin	67917
answer	answer is ministerial correction date of answer 23/03/2017 answer text <p>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.</p> answering member constituency Bracknell answering member printed Dr Phillip Lee question first answered 23/03/2017 14:20:57 answering member 3921 label Biography information for Dr Phillip Lee
tabling member	4370 label Biography information for Jess Phillips

711069

registered interest
date	14/03/2017
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Restraining Orders
house id	1
legislature	25259 pref label House of Commons
question text	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.
tabling member constituency	Birmingham, Yardley
tabling member printed	Jess Phillips
uin	67915
answer	answer is ministerial correction date of answer 21/03/2017 answer text <p>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.</p> answering member constituency North East Hertfordshire answering member printed Sir Oliver Heald question first answered 21/03/2017 12:05:57 answering member 69 label Biography information for Sir Oliver Heald
tabling member	4370 label Biography information for Jess Phillips