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225488
star this property registered interest false more like this
star this property date less than 2015-03-05more like thismore than 2015-03-05
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
unstar this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Restraining Orders remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, how many restraining orders issued by the courts were breached (a) once, (b) twice and (c) on more than three occasions in each of the last five years. more like this
star this property tabling member constituency Richmond Park more like this
star this property tabling member printed
Zac Goldsmith more like this
star this property uin 226455 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2015-03-12more like thismore than 2015-03-12
star this property answer text <p /> <p>I am replying as the Ministry of Justice has overall responsibility for this legislation. The Government is absolutely clear that stalking and harassment, which cause misery for victims, are totally unacceptable. That is why in 2012 we added to the existing offences in the Protection from Harassment Act 1997 (harassment (section 2) and putting people in fear of violence (section 4)) two new specific offences of stalking (section 2A) and stalking involving fear of violence or serious alarm or distress (section 4A).</p><p> </p><p>The 1997 Act also gives the courts the option, upon conviction or acquittal for an offence under it, of making a restraining order for the purpose of protecting the victim of an offence, or any other person mentioned in the order, from conduct that amounts to harassment or that will cause fear of violence. Breach of such an order is a criminal offence carrying a maximum sentence of five years in prison, or a fine, or both.</p><p> </p><p>The number of offenders convicted on one, two, or three or more occasions, in each of the last five years for which data is available, of breaching a restraining order can be viewed in the table below. These figures have been drawn from an extract of the Police National Computer (PNC) data held by the Department. The PNC holds details of all convictions and cautions given for recordable offences. As with any large scale recording system the PNC is subject to possible errors with data entry and processing so data provided may be subject to revision.<br></p><p> </p><p /> <p> </p><p /><table><tbody><tr><td colspan="4"><p><strong>Number of offenders breaching restraining orders<sup>1</sup>, England and Wales<sup>2</sup></strong></p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p><strong> </strong></p></td><td colspan="3"><p><strong>Number of restraining order breach offences<sup>3</sup></strong></p></td></tr><tr><td><p><strong>12 months ending September<sup>4</sup></strong></p></td><td><p><strong>1</strong></p></td><td><p><strong>2</strong></p></td><td><p><strong>3 or more</strong></p></td></tr><tr><td><p>2010</p></td><td><p>1,655</p></td><td><p>211</p></td><td><p>71</p></td></tr><tr><td><p>2011</p></td><td><p>2,738</p></td><td><p>456</p></td><td><p>138</p></td></tr><tr><td><p>2012</p></td><td><p>3,638</p></td><td><p>607</p></td><td><p>216</p></td></tr><tr><td><p>2013</p></td><td><p>4,086</p></td><td><p>710</p></td><td><p>221</p></td></tr><tr><td><p>2014</p></td><td><p>4,822</p></td><td><p>767</p></td><td><p>244</p></td></tr><tr><td colspan="3"><p><strong>Data Source</strong>: MoJs copy of the Police National Computer</p></td><td><p> </p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p><sup>1.</sup> Includes offences covered by:</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="4"><p>- Breach of a restraining order under s5 of the Protection from Harassment Act 1997</p></td></tr><tr><td colspan="4"><p>- Breach of restraining Order under s5A of the Sex Offenders Act 1997 (Sexual Offences Prevention Orders replaced restraining orders under s.5A Sex Offenders Act 1997. 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)</p></td></tr><tr><td colspan="4"><p>- Breach of a restraining order on acquittal under s.5A of the Protection from Harassment Act 1997</p></td></tr><tr><td colspan="2"><p><sup>2.</sup> England and Wales includes all 43 police force areas and the British Transport Police</p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="4"><p><sup>3.</sup> Where the primary offence on a given occasion was a restraining order breach offence.</p></td></tr><tr><td colspan="4"><p><sup>4.</sup> The same offender may appear in multiple years.</p></td></tr></tbody></table><p> </p><p /> <p>The number of restraining orders issued and sentences given for breaches of restraining orders, from 2009 to 2013 (the latest available) in England and Wales, can be viewed in the table below. These figures are taken from the Ministry of Justice (MoJ) court proceedings database.</p><p> </p><p /> <p><strong>Number of restraining orders issued and sentences given for breaches of restraining orders, England &amp; Wales, 2009 to 2013<sup>(1)(2)</sup></strong></p><p /> <p /><table><tbody><tr><td><p> </p></td><td><p>2009</p></td><td><p>2010</p></td><td><p>2011</p></td><td><p>2012</p></td><td><p>2013</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>Offenders issued with a restraining order<sup>(3)(4)(5)</sup></p></td><td><p>5,074</p></td><td><p>10,761</p></td><td><p>19,551</p></td><td><p>20,067</p></td><td><p>20,304</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>Offenders convicted for breaching a restraining order</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>Convicted</p></td><td><p>1,464</p></td><td><p>2,920</p></td><td><p>4,558</p></td><td><p>5,699</p></td><td><p>6,337</p></td></tr><tr><td><p>Sentenced</p></td><td><p>1,329</p></td><td><p>2,798</p></td><td><p>4,431</p></td><td><p>5,608</p></td><td><p>6,194</p></td></tr><tr><td><p>Immediate custody</p></td><td><p>457</p></td><td><p>904</p></td><td><p>1,594</p></td><td><p>2,101</p></td><td><p>2,236</p></td></tr><tr><td><p>Suspended sentence</p></td><td><p>178</p></td><td><p>381</p></td><td><p>507</p></td><td><p>667</p></td><td><p>822</p></td></tr><tr><td><p>Community sentence</p></td><td><p>371</p></td><td><p>779</p></td><td><p>1,299</p></td><td><p>1,461</p></td><td><p>1,563</p></td></tr><tr><td><p>Fine</p></td><td><p>141</p></td><td><p>321</p></td><td><p>469</p></td><td><p>705</p></td><td><p>847</p></td></tr><tr><td><p>Absolute discharge</p></td><td><p>5</p></td><td><p>15</p></td><td><p>19</p></td><td><p>28</p></td><td><p>40</p></td></tr><tr><td><p>Conditional discharge</p></td><td><p>93</p></td><td><p>237</p></td><td><p>385</p></td><td><p>462</p></td><td><p>469</p></td></tr><tr><td><p>Otherwise dealt with</p></td><td><p>84</p></td><td><p>161</p></td><td><p>158</p></td><td><p>184</p></td><td><p>217</p></td></tr></tbody></table><p> </p><p /><table><tbody><tr><td colspan="6"><p>(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.</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="6"><p>(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.</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="6"><p>(3) Includes restraining orders issued on conviction or acquittal.</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="2"><p>(4) Issued under either S.5 Protection from Harassment Act 1997 or S.5A Sex Offenders Act 1997.</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="6"><p>(5) Sexual Offences Prevention Orders 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.</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>Source: Justice Statistics Analytical Services - Ministry of Justice.</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>PQ: 226457</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr></tbody></table><p /> <p /> <p>Court proceedings data for 2014 are planned for publication in May 2015.</p><p> </p><p>Figures taken from the PNC database will differ from figures taken from the MoJ court proceedings database. Hence, police recorded crime and court proceedings data are not directly comparable.</p><p> </p><p>As the Violence Against Women and Girls Report (Home Office, 2015) notes: “Increases in reporting of domestic abuse incidents indicate that victims have more confidence in the criminal justice system. Prosecutions for domestic abuse have increased while out of court disposals for domestic abuse at the pre-charge stage have reached their lowest levels, and we have seen increases in the volume of prosecutions and conviction rate for all VAWG offences. These figures are showing that not only are victims more confident in coming forward – the criminal justice system is delivering improved outcomes for them.”</p>
star this property answering member constituency Bermondsey and Old Southwark more like this
star this property answering member printed Simon Hughes more like this
star this property grouped question UIN 226457 more like this
star this property question first answered
less than 2015-03-12T17:30:07.77Zmore like thismore than 2015-03-12T17:30:07.77Z
star this property answering member
194
star this property label Biography information for Simon Hughes more like this
star this property tabling member
4062
unstar this property label Biography information for Zac Goldsmith more like this
225490
star this property registered interest false more like this
star this property date less than 2015-03-05more like thismore than 2015-03-05
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
unstar this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Restraining Orders remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, how many restraining orders were (a) issued by the courts, (b) breached and (c) resulted in the imposition of a penalty in each of the last five years. more like this
star this property tabling member constituency Richmond Park more like this
star this property tabling member printed
Zac Goldsmith more like this
star this property uin 226457 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2015-03-12more like thismore than 2015-03-12
star this property answer text <p>I am replying as the Ministry of Justice has overall responsibility for this legislation. The Government is absolutely clear that stalking and harassment, which cause misery for victims, are totally unacceptable. That is why in 2012 we added to the existing offences in the Protection from Harassment Act 1997 (harassment (section 2) and putting people in fear of violence (section 4)) two new specific offences of stalking (section 2A) and stalking involving fear of violence or serious alarm or distress (section 4A).</p><p> </p><p>The 1997 Act also gives the courts the option, upon conviction or acquittal for an offence under it, of making a restraining order for the purpose of protecting the victim of an offence, or any other person mentioned in the order, from conduct that amounts to harassment or that will cause fear of violence. Breach of such an order is a criminal offence carrying a maximum sentence of five years in prison, or a fine, or both.</p><p> </p><p>The number of offenders convicted on one, two, or three or more occasions, in each of the last five years for which data is available, of breaching a restraining order can be viewed in the table below. These figures have been drawn from an extract of the Police National Computer (PNC) data held by the Department. The PNC holds details of all convictions and cautions given for recordable offences. As with any large scale recording system the PNC is subject to possible errors with data entry and processing so data provided may be subject to revision.<br></p><p> </p><p /> <p> </p><p /><table><tbody><tr><td colspan="4"><p><strong>Number of offenders breaching restraining orders<sup>1</sup>, England and Wales<sup>2</sup></strong></p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p><strong> </strong></p></td><td colspan="3"><p><strong>Number of restraining order breach offences<sup>3</sup></strong></p></td></tr><tr><td><p><strong>12 months ending September<sup>4</sup></strong></p></td><td><p><strong>1</strong></p></td><td><p><strong>2</strong></p></td><td><p><strong>3 or more</strong></p></td></tr><tr><td><p>2010</p></td><td><p>1,655</p></td><td><p>211</p></td><td><p>71</p></td></tr><tr><td><p>2011</p></td><td><p>2,738</p></td><td><p>456</p></td><td><p>138</p></td></tr><tr><td><p>2012</p></td><td><p>3,638</p></td><td><p>607</p></td><td><p>216</p></td></tr><tr><td><p>2013</p></td><td><p>4,086</p></td><td><p>710</p></td><td><p>221</p></td></tr><tr><td><p>2014</p></td><td><p>4,822</p></td><td><p>767</p></td><td><p>244</p></td></tr><tr><td colspan="3"><p><strong>Data Source</strong>: MoJs copy of the Police National Computer</p></td><td><p> </p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p><sup>1.</sup> Includes offences covered by:</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="4"><p>- Breach of a restraining order under s5 of the Protection from Harassment Act 1997</p></td></tr><tr><td colspan="4"><p>- Breach of restraining Order under s5A of the Sex Offenders Act 1997 (Sexual Offences Prevention Orders replaced restraining orders under s.5A Sex Offenders Act 1997. 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)</p></td></tr><tr><td colspan="4"><p>- Breach of a restraining order on acquittal under s.5A of the Protection from Harassment Act 1997</p></td></tr><tr><td colspan="2"><p><sup>2.</sup> England and Wales includes all 43 police force areas and the British Transport Police</p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="4"><p><sup>3.</sup> Where the primary offence on a given occasion was a restraining order breach offence.</p></td></tr><tr><td colspan="4"><p><sup>4.</sup> The same offender may appear in multiple years.</p></td></tr></tbody></table><p> </p><p /> <p>The number of restraining orders issued and sentences given for breaches of restraining orders, from 2009 to 2013 (the latest available) in England and Wales, can be viewed in the table below. These figures are taken from the Ministry of Justice (MoJ) court proceedings database.</p><p> </p><p /> <p><strong>Number of restraining orders issued and sentences given for breaches of restraining orders, England &amp; Wales, 2009 to 2013<sup>(1)(2)</sup></strong></p><p /> <p /><table><tbody><tr><td><p> </p></td><td><p>2009</p></td><td><p>2010</p></td><td><p>2011</p></td><td><p>2012</p></td><td><p>2013</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>Offenders issued with a restraining order<sup>(3)(4)(5)</sup></p></td><td><p>5,074</p></td><td><p>10,761</p></td><td><p>19,551</p></td><td><p>20,067</p></td><td><p>20,304</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>Offenders convicted for breaching a restraining order</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>Convicted</p></td><td><p>1,464</p></td><td><p>2,920</p></td><td><p>4,558</p></td><td><p>5,699</p></td><td><p>6,337</p></td></tr><tr><td><p>Sentenced</p></td><td><p>1,329</p></td><td><p>2,798</p></td><td><p>4,431</p></td><td><p>5,608</p></td><td><p>6,194</p></td></tr><tr><td><p>Immediate custody</p></td><td><p>457</p></td><td><p>904</p></td><td><p>1,594</p></td><td><p>2,101</p></td><td><p>2,236</p></td></tr><tr><td><p>Suspended sentence</p></td><td><p>178</p></td><td><p>381</p></td><td><p>507</p></td><td><p>667</p></td><td><p>822</p></td></tr><tr><td><p>Community sentence</p></td><td><p>371</p></td><td><p>779</p></td><td><p>1,299</p></td><td><p>1,461</p></td><td><p>1,563</p></td></tr><tr><td><p>Fine</p></td><td><p>141</p></td><td><p>321</p></td><td><p>469</p></td><td><p>705</p></td><td><p>847</p></td></tr><tr><td><p>Absolute discharge</p></td><td><p>5</p></td><td><p>15</p></td><td><p>19</p></td><td><p>28</p></td><td><p>40</p></td></tr><tr><td><p>Conditional discharge</p></td><td><p>93</p></td><td><p>237</p></td><td><p>385</p></td><td><p>462</p></td><td><p>469</p></td></tr><tr><td><p>Otherwise dealt with</p></td><td><p>84</p></td><td><p>161</p></td><td><p>158</p></td><td><p>184</p></td><td><p>217</p></td></tr></tbody></table><p> </p><p /><table><tbody><tr><td colspan="6"><p>(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.</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="6"><p>(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.</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="6"><p>(3) Includes restraining orders issued on conviction or acquittal.</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="2"><p>(4) Issued under either S.5 Protection from Harassment Act 1997 or S.5A Sex Offenders Act 1997.</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td colspan="6"><p>(5) Sexual Offences Prevention Orders 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.</p></td></tr><tr><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>Source: Justice Statistics Analytical Services - Ministry of Justice.</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p>PQ: 226457</p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr></tbody></table><p /> <p /> <p>Court proceedings data for 2014 are planned for publication in May 2015.</p><p> </p><p>Figures taken from the PNC database will differ from figures taken from the MoJ court proceedings database. Hence, police recorded crime and court proceedings data are not directly comparable.</p><p> </p><p>As the Violence Against Women and Girls Report (Home Office, 2015) notes: “Increases in reporting of domestic abuse incidents indicate that victims have more confidence in the criminal justice system. Prosecutions for domestic abuse have increased while out of court disposals for domestic abuse at the pre-charge stage have reached their lowest levels, and we have seen increases in the volume of prosecutions and conviction rate for all VAWG offences. These figures are showing that not only are victims more confident in coming forward – the criminal justice system is delivering improved outcomes for them.”</p>
star this property answering member constituency Bermondsey and Old Southwark more like this
star this property answering member printed Simon Hughes more like this
star this property grouped question UIN 226455 more like this
star this property question first answered
less than 2015-03-12T17:30:07.91Zmore like thismore than 2015-03-12T17:30:07.91Z
star this property answering member
194
star this property label Biography information for Simon Hughes more like this
star this property tabling member
4062
unstar this property label Biography information for Zac Goldsmith more like this
731257
star this property registered interest false more like this
star this property date less than 2017-06-21more like thismore than 2017-06-21
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
unstar this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Restraining Orders remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property 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. more like this
star this property tabling member constituency Dwyfor Meirionnydd more like this
star this property tabling member printed
Liz Saville Roberts more like this
star this property uin 130 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2017-06-28more like thismore than 2017-06-28
star this property 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> more like this
star this property answering member constituency Esher and Walton more like this
star this property answering member printed Dominic Raab more like this
star this property question first answered
less than 2017-06-28T15:26:12.953Zmore like thismore than 2017-06-28T15:26:12.953Z
star this property answering member
4007
star this property label Biography information for Dominic Raab more like this
star this property tabling member
4521
unstar this property label Biography information for Liz Saville Roberts more like this
982777
star this property registered interest false more like this
star this property date less than 2018-10-08more like thismore than 2018-10-08
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
unstar this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Restraining Orders remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property 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. more like this
star this property tabling member constituency Birmingham, Selly Oak more like this
star this property tabling member printed
Steve McCabe more like this
star this property uin 175902 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-10-11more like thismore than 2018-10-11
star this property 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>
star this property answering member constituency South East Cambridgeshire more like this
star this property answering member printed Lucy Frazer more like this
star this property grouped question UIN 175903 more like this
star this property question first answered
less than 2018-10-11T16:25:50.183Zmore like thismore than 2018-10-11T16:25:50.183Z
star this property answering member
4517
star this property label Biography information for Lucy Frazer more like this
star this property tabling member
298
unstar this property label Biography information for Steve McCabe more like this
711060
star this property registered interest false more like this
star this property date less than 2017-03-14more like thismore than 2017-03-14
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
unstar this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Restraining Orders remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property 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. more like this
star this property tabling member constituency Birmingham, Yardley more like this
star this property tabling member printed
Jess Phillips more like this
star this property uin 67917 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2017-03-23more like thismore than 2017-03-23
star this property 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> more like this
star this property answering member constituency Bracknell more like this
star this property answering member printed Dr Phillip Lee more like this
star this property question first answered
less than 2017-03-23T14:20:57.087Zmore like thismore than 2017-03-23T14:20:57.087Z
star this property answering member
3921
star this property label Biography information for Dr Phillip Lee more like this
star this property tabling member
4370
unstar this property label Biography information for Jess Phillips more like this
982776
star this property registered interest false more like this
star this property date less than 2018-10-08more like thismore than 2018-10-08
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
unstar this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Restraining Orders remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, what guidance is available to magistrates’ courts on imposing restraining orders. more like this
star this property tabling member constituency Birmingham, Selly Oak more like this
star this property tabling member printed
Steve McCabe more like this
star this property uin 175901 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2018-10-11more like thismore than 2018-10-11
star this property 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>
star this property answering member constituency South East Cambridgeshire more like this
star this property answering member printed Lucy Frazer more like this
star this property question first answered
less than 2018-10-11T16:29:13.797Zmore like thismore than 2018-10-11T16:29:13.797Z
star this property answering member
4517
star this property label Biography information for Lucy Frazer more like this
star this property tabling member
298
unstar this property label Biography information for Steve McCabe more like this
715736
star this property registered interest false more like this
star this property date less than 2017-03-30more like thismore than 2017-03-30
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Restraining Orders remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, what training is available for Police and Crown Prosecution Service staff on the nature and enforcement of restraining orders. more like this
star this property tabling member constituency Birmingham, Yardley more like this
star this property tabling member printed
Jess Phillips more like this
star this property uin 70106 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2017-04-18more like thismore than 2017-04-18
star this property answer text <p>The CPS has bespoke e-learning training regarding restraining orders, which is available to all prosecutors through the Prosecution College. The training enables prosecutors to fully understand the principles and practical issues involved when an application is made to a court to put a restraining order in place for the protection of victims.</p><p>The CPS will always prosecute criminal breaches of restraining orders where the test set out in the Code for Crown Prosecutors is met. Offending committed in breach of, or whilst subject to, a court order is likely to be seen as increasing the culpability of the suspect and, therefore, increasing the public interest in bringing a prosecution.</p><p>The College of Policing sets the standards for the police and the use of restraining orders is referred to in a number of areas across the College’s curriculum.</p> more like this
star this property answering member constituency Kenilworth and Southam more like this
star this property answering member printed Jeremy Wright more like this
star this property question first answered
less than 2017-04-18T08:03:48.343Zmore like thismore than 2017-04-18T08:03:48.343Z
star this property answering member
1560
star this property label Biography information for Jeremy Wright more like this
star this property tabling member
4370
unstar this property label Biography information for Jess Phillips more like this
806469
star this property registered interest false more like this
star this property date less than 2017-12-14more like thismore than 2017-12-14
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
unstar this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Restraining Orders remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property 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. more like this
star this property tabling member constituency Cardiff Central more like this
star this property tabling member printed
Jo Stevens more like this
star this property uin 119545 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2017-12-19more like thismore than 2017-12-19
star this property 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> more like this
star this property answering member constituency Esher and Walton more like this
star this property answering member printed Dominic Raab more like this
star this property question first answered
less than 2017-12-19T17:42:23.593Zmore like thismore than 2017-12-19T17:42:23.593Z
star this property answering member
4007
star this property label Biography information for Dominic Raab more like this
star this property tabling member
4425
unstar this property label Biography information for Jo Stevens more like this
654463
star this property registered interest false more like this
star this property date less than 2016-12-07more like thismore than 2016-12-07
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
unstar this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Restraining Orders remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, how many restraining orders imposed in England and Wales in 2014 and 2015 explicitly restricted online contact. more like this
star this property tabling member constituency Dwyfor Meirionnydd more like this
star this property tabling member printed
Liz Saville Roberts more like this
star this property uin 56514 more like this
star this property answer
answer
star this property is ministerial correction true more like this
star this property date of answer less than 2016-12-16more like thismore than 2016-12-16
star this property answer text <p>The Government is clear that stalking and harassment, which cause misery for victims, are totally unacceptable. The fixated nature of stalking may result in a prolonged campaign sometimes lasting many years. So we are determined to do everything possible to protect all victims of stalking and stop perpetrators at the earliest opportunity – even before the stage at which a perpetrator might be prosecuted. That is why, following a public consultation, we have recently announced that there will be a new civil stalking protection order, to support victims of stalking at an earlier stage and address the perpetrator’s behaviours before they become entrenched.</p><p>The number of restraining orders imposed as result of stalking and harassment in England and Wales, 2014 and 2015 can be viewed in the table. Information on the specific restrictions included in a restraining order is not held centrally and could only be obtained at disproportionate cost.</p><p>Nor do we hold data on how frequently perpetrators of these crimes seek to contact their victims through action in the civil or family courts. The courts do have powers to deal with unmeritorious claims and applications. The court may strike out the action as an abuse of process or issue an order restricting the litigant’s ability to continue with further applications or claims, either of its own motion or on request by a party to the proceedings.</p><p> </p>
star this property answering member constituency East Surrey more like this
star this property answering member printed Mr Sam Gyimah more like this
star this property question first answered
less than 2016-12-16T12:51:16.617Zmore like thismore than 2016-12-16T12:51:16.617Z
star this property question first ministerially corrected
less than 2017-01-19T17:42:13.017Zmore like thismore than 2017-01-19T17:42:13.017Z
star this property answering member
3980
star this property label Biography information for Mr Sam Gyimah more like this
star this property attachment
1
star this property file name Final table 56513-56515.xls more like this
star this property title Table 56513-56515 more like this
star this property previous answer version
26921
star this property answering member constituency East Surrey more like this
star this property answering member printed Mr Sam Gyimah more like this
star this property answering member
3980
star this property label Biography information for Mr Sam Gyimah more like this
star this property tabling member
4521
unstar this property label Biography information for Liz Saville Roberts more like this
654464
star this property registered interest false more like this
star this property date less than 2016-12-07more like thismore than 2016-12-07
star this property answering body
Ministry of Justice more like this
star this property answering dept id 54 more like this
unstar this property answering dept short name Justice more like this
star this property answering dept sort name Justice more like this
star this property hansard heading Restraining Orders remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Secretary of State for Justice, how many restraining orders imposed in England and Wales in 2014 and 2015 restricted contact through the use of legal processes. more like this
star this property tabling member constituency Dwyfor Meirionnydd more like this
star this property tabling member printed
Liz Saville Roberts more like this
star this property uin 56515 more like this
star this property answer
answer
star this property is ministerial correction true more like this
star this property date of answer less than 2016-12-16more like thismore than 2016-12-16
star this property answer text <p>The Government is clear that stalking and harassment, which cause misery for victims, are totally unacceptable. The fixated nature of stalking may result in a prolonged campaign sometimes lasting many years. So we are determined to do everything possible to protect all victims of stalking and stop perpetrators at the earliest opportunity – even before the stage at which a perpetrator might be prosecuted. That is why, following a public consultation, we have recently announced that there will be a new civil stalking protection order, to support victims of stalking at an earlier stage and address the perpetrator’s behaviours before they become entrenched.</p><p>The number of restraining orders imposed as result of stalking and harassment in England and Wales, 2014 and 2015 can be viewed in the table. Information on the specific restrictions included in a restraining order is not held centrally and could only be obtained at disproportionate cost.</p><p>Nor do we hold data on how frequently perpetrators of these crimes seek to contact their victims through action in the civil or family courts. The courts do have powers to deal with unmeritorious claims and applications. The court may strike out the action as an abuse of process or issue an order restricting the litigant’s ability to continue with further applications or claims, either of its own motion or on request by a party to the proceedings.</p><p> </p>
star this property answering member constituency East Surrey more like this
star this property answering member printed Mr Sam Gyimah more like this
star this property question first answered
less than 2016-12-16T12:51:16.617Zmore like thismore than 2016-12-16T12:51:16.617Z
star this property question first ministerially corrected
less than 2017-01-19T17:42:13.017Zmore like thismore than 2017-01-19T17:42:13.017Z
star this property answering member
3980
star this property label Biography information for Mr Sam Gyimah more like this
star this property attachment
1
star this property file name Final table 56513-56515.xls more like this
star this property title Table 56513-56515 more like this
star this property previous answer version
26921
star this property answering member constituency East Surrey more like this
star this property answering member printed Mr Sam Gyimah more like this
star this property answering member
3980
star this property label Biography information for Mr Sam Gyimah more like this
star this property tabling member
4521
unstar this property label Biography information for Liz Saville Roberts more like this