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100236

	registered interest
	date	21/10/2014
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Harassment
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, how many people have been charged to date under sections (a) 2A and (b) 4A of the Protection from Harassment Act 1997 who could not have been charged using sections (i) 2 and (ii) 4.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Mr Elfyn Llwyd
	uin	211307
	answer	answer is ministerial correction date of answer 27/10/2014 answer text <p>The Crown Prosecution Service (CPS) does not maintain a separate record of the number of people charged and prosecuted for stalking under sections (a) 2A and (b) 4A of the Protection from Harassment Act 1997 who could not have been charged for harassment using sections (i) 2 and (ii) 4.</p><p> </p><p>The Protection of Freedoms Act 2012 does not provide a definitive list of behaviors that would allow for a prosecution for either harassment or stalking and CPS prosecutors determine the most appropriate charges in any given prosecution based on the facts of the case.</p><p> </p> answering member constituency South Swindon answering member printed Mr Robert Buckland question first answered 27/10/2014 17:09:19 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	549 label Biography information for Mr Elfyn Llwyd

100235

	registered interest
	date	21/10/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Harassment
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, of the people who have been charged under (a) section 2A and (b) section 4A of the Protection from Harassment Act 1997, how many have so far (a) received a custodial sentence, (b) received a non-custodial sentence, (c) not proceeded with and (d) still pending.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Mr Elfyn Llwyd
	uin	211308
	answer	answer is ministerial correction date of answer 28/10/2014 answer text <p>The stalking offences under the Protection from Harassment Act 1997, sections 2A (stalking) and 4A (stalking involving fear of violence or serious alarm or distress), have been available from 25 November 2012. The two stalking offences provide further options for prosecutors when considering charges relating to harassing behaviour. The section 2A offence has a maximum penalty of six months’ imprisonment and/or a fine, and the section 4A offence has a maximum penalty of 5 years’ imprisonment.</p><p> </p><p>A court dealing with a person convicted of any offence, including those under sections 2, 2A, 4 or 4A of the Protection from Harassment Act 1997, may make a restraining order prohibiting the defendant from doing anything described in the order. This order can be made in addition to a custodial sentence or other sentence. The order can be especially useful in preventing continued stalking and harassment by defendants, including those who are given sentences of imprisonment. Breach of a restraining order has a maximum penalty of five years’ imprisonment.</p><p> </p><p>Sentencing in individual cases is entirely a matter for our independent courts, taking account of all the circumstances of each case.</p><p> </p><p>The number of restraining orders issued at all courts and those found guilty of breach of a restraining order under the Protection of Harassment Act 1997 in England and Wales from 2011 to 2013 (latest available) can be viewed in table 1.</p><p> </p><p>The number of defendants proceeded against at magistrates' court, found guilty and sentenced at all courts, with sentencing breakdown, for selected offences under the Protection from Harassment Act 1997, in England &amp; Wales, from 2012 to 2013, can be viewed in table 2. The Ministry of Justice does not hold figures on cases not yet dealt with.</p><p> </p> answering member constituency Hemel Hempstead answering member printed Mike Penning attachment 1 file name Table 1 - Number of Restraining Orders.xls title Number of Restraining Orders 2 file name Table 2 - Defendants proceeded against.xls title Defendants proceeded against grouped question UIN 211306 question first answered 28/10/2014 14:06:48 answering member 1528 label Biography information for Sir Mike Penning
	tabling member	549 label Biography information for Mr Elfyn Llwyd

100237

	registered interest
	date	21/10/2014
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Harassment
	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 the courts under the provisions of the Protection from Harassment Act 1997 in (a) 2011, (b) 2012 and (c) 2013; and how many of those restraining orders were (i) breached or (ii) enforced.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Mr Elfyn Llwyd
	uin	211306
	answer	answer is ministerial correction date of answer 28/10/2014 answer text <p>The stalking offences under the Protection from Harassment Act 1997, sections 2A (stalking) and 4A (stalking involving fear of violence or serious alarm or distress), have been available from 25 November 2012. The two stalking offences provide further options for prosecutors when considering charges relating to harassing behaviour. The section 2A offence has a maximum penalty of six months’ imprisonment and/or a fine, and the section 4A offence has a maximum penalty of 5 years’ imprisonment.</p><p> </p><p>A court dealing with a person convicted of any offence, including those under sections 2, 2A, 4 or 4A of the Protection from Harassment Act 1997, may make a restraining order prohibiting the defendant from doing anything described in the order. This order can be made in addition to a custodial sentence or other sentence. The order can be especially useful in preventing continued stalking and harassment by defendants, including those who are given sentences of imprisonment. Breach of a restraining order has a maximum penalty of five years’ imprisonment.</p><p> </p><p>Sentencing in individual cases is entirely a matter for our independent courts, taking account of all the circumstances of each case.</p><p> </p><p>The number of restraining orders issued at all courts and those found guilty of breach of a restraining order under the Protection of Harassment Act 1997 in England and Wales from 2011 to 2013 (latest available) can be viewed in table 1.</p><p> </p><p>The number of defendants proceeded against at magistrates' court, found guilty and sentenced at all courts, with sentencing breakdown, for selected offences under the Protection from Harassment Act 1997, in England &amp; Wales, from 2012 to 2013, can be viewed in table 2. The Ministry of Justice does not hold figures on cases not yet dealt with.</p><p> </p> answering member constituency Hemel Hempstead answering member printed Mike Penning attachment 1 file name Table 1 - Number of Restraining Orders.xls title Number of Restraining Orders 2 file name Table 2 - Defendants proceeded against.xls title Defendants proceeded against grouped question UIN 211308 question first answered 28/10/2014 14:06:48 answering member 1528 label Biography information for Sir Mike Penning
	tabling member	549 label Biography information for Mr Elfyn Llwyd