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176142

	registered interest
	date	27/01/2015
	ddp modified	09/02/2015 01:10:06
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question first answered	02/02/2015 13:51:51
	question text	To ask the Attorney General, how many prosecutions for summary offences were discontinued as a consequence of delay in obtaining data from (a) social media companies and (b) the forensic examination of computers or mobile phones in the most recent year for which figures are available.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Mr Elfyn Llwyd
	uin	222188
	answer	answer is ministerial correction date of answer 02/02/2015 answer text <p>The Crown Prosecution Service does not maintain a central record of prosecutions dropped as a result of delays in receiving data from social media companies or from the forensic examination of computers or mobile phones. Obtaining this information would require a manual review of individual case files which would incur a disproportionate cost.</p><p> </p> answering member constituency South Swindon answering member printed Mr Robert Buckland question first answered 02/02/2015 13:51:51 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	549 label Biography information for Mr Elfyn Llwyd

176135

	registered interest
	date	27/01/2015
	ddp modified	09/02/2015 01:09:20
	answering body	Cabinet Office
	answering dept id	53
	answering dept short name	Cabinet Office
	answering dept sort name	Cabinet Office
	hansard heading	Internet
	house id	1
	legislature	25259 pref label House of Commons
	question first answered	02/02/2015 09:27:33
	question text	To ask the Minister for the Cabinet Office, how many reports of the use of spyware against individuals have been made to the police in England and Wales in each of the last five years.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Mr Elfyn Llwyd
	uin	222225
	answer	answer is ministerial correction date of answer 02/02/2015 answer text <p>The information requested falls within the responsibility of the UK Statistics Authority. I have asked the Authority to reply.</p><p> </p> answering member constituency Reading East answering member printed Mr Rob Wilson question first answered 02/02/2015 09:27:33 answering member 1556 label Biography information for Mr Rob Wilson attachment 1 file name PQ-22222.PDF title ONS Letter to Member - Use of Spyware
	tabling member	549 label Biography information for Mr Elfyn Llwyd

176129

	registered interest
	date	27/01/2015
	ddp modified	09/02/2015 01:08:37
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Internet
	house id	1
	legislature	25259 pref label House of Commons
	question first answered	02/02/2015 14:16:00
	question text	To ask the Secretary of State for the Home Department, if she will bring forward legislative proposals to ban the sale of spyware to individuals across the internet.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Mr Elfyn Llwyd
	uin	222228
	answer	answer is ministerial correction date of answer 02/02/2015 answer text <p>Installing spyware on a computer without the owners consent is already covered by the offences in the Computer Misuse Act 1990. Any unauthorised access to a computer however that is achieved, whether by spyware or another programme is an offence under the Computer Misuse Act. It is also an offence to make or supply an article (which includes spyware) intending it to be used to gain unauthorised access to a computer. Similarly, it is an offence to obtain an article with a view to it being supplied for use to commit such an offence. Amendments to section 3A of the Computer Misuse Act in the Serious Crime Bill will also make it an offence to obtain an article intending it to be used to commit such an offence.</p><p> </p> answering member constituency Staffordshire Moorlands answering member printed Karen Bradley question first answered 02/02/2015 14:16:00 answering member 4110 label Biography information for Dame Karen Bradley
	tabling member	549 label Biography information for Mr Elfyn Llwyd

176130

	registered interest
	date	27/01/2015
	ddp modified	09/02/2015 01:08:43
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Internet
	house id	1
	legislature	25259 pref label House of Commons
	question first answered	02/02/2015 14:16:40
	question text	To ask the Secretary of State for the Home Department, what guidance her Department provides to police in England and Wales on investigation of a complaint that spyware is being used against an individual.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Mr Elfyn Llwyd
	uin	222229
	answer	answer is ministerial correction date of answer 02/02/2015 answer text <p>The College of Policing is responsible for issuing guidance to the police on training and investigations. At the request of the National Policing Lead for Cyber Crime (DCC Peter Goodman) the College of Policing is in the process of <br>developing Authorised Professional Practice (APP) on cyber crime, which will be focused on cyber-dependent and cyber-enabled crime (as defined in the Serious and Organised Crime Strategy). <br><br>The Government is investing £860 million over five years through the National Cyber Security Programme to respond to the threat posed by cyber and online crime. Of this, approximately 10% is being invested in building law enforcement <br>capabilities to tackle cyber crime. This has been used to build capability at the national, regional, and local level, including delivering training in cyber crime to officers in local police forces.</p><p> </p><p> </p><p> </p> answering member constituency Hemel Hempstead answering member printed Mike Penning question first answered 02/02/2015 14:16:40 answering member 1528 label Biography information for Sir Mike Penning
	tabling member	549 label Biography information for Mr Elfyn Llwyd

176131

	registered interest
	date	27/01/2015
	ddp modified	09/02/2015 01:08:49
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Internet
	house id	1
	legislature	25259 pref label House of Commons
	question first answered	02/02/2015 14:15:38
	question text	To ask the Secretary of State for the Home Department, what estimate she has made of the number of spyware devices sold to residents of England and Wales in each of the last five years.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Mr Elfyn Llwyd
	uin	222227
	answer	answer is ministerial correction date of answer 02/02/2015 answer text <p>The Home Office does not hold this information.</p><p> </p> answering member constituency Staffordshire Moorlands answering member printed Karen Bradley grouped question UIN 222226 question first answered 02/02/2015 14:15:38 answering member 4110 label Biography information for Dame Karen Bradley
	tabling member	549 label Biography information for Mr Elfyn Llwyd

176134

	registered interest
	date	27/01/2015
	ddp modified	09/02/2015 01:09:14
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Forensic Science
	house id	1
	legislature	25259 pref label House of Commons
	question first answered	29/01/2015 16:32:32
	question text	To ask the Secretary of State for the Home Department, what the average time taken to forensically examine a mobile telephone is from the point of seizure by the police in England and Wales in the last five years.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Mr Elfyn Llwyd
	uin	222189
	answer	answer is ministerial correction date of answer 29/01/2015 answer text <p>This is not data that is stored centrally by the Home Office. The time taken to forensically examine either a mobile telephone or computer will vary considerably dependant on the material being examined. The resourcing of <br>forensic examination is something that is determined locally by forces.</p><p> </p><p> </p><p> </p> answering member constituency Hemel Hempstead answering member printed Mike Penning grouped question UIN 222190 question first answered 29/01/2015 16:32:32 answering member 1528 label Biography information for Sir Mike Penning
	tabling member	549 label Biography information for Mr Elfyn Llwyd

176136

	registered interest
	date	27/01/2015
	ddp modified	09/02/2015 01:09:27
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Forensic Science
	house id	1
	legislature	25259 pref label House of Commons
	question first answered	29/01/2015 16:32:32
	question text	To ask the Secretary of State for the Home Department, what the average time taken to forensically examine a computer is from the point of seizure by the police in England and Wales in the last five years.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Mr Elfyn Llwyd
	uin	222190
	answer	answer is ministerial correction date of answer 29/01/2015 answer text <p>This is not data that is stored centrally by the Home Office. The time taken to forensically examine either a mobile telephone or computer will vary considerably dependant on the material being examined. The resourcing of <br>forensic examination is something that is determined locally by forces.</p><p> </p><p> </p><p> </p> answering member constituency Hemel Hempstead answering member printed Mike Penning grouped question UIN 222189 question first answered 29/01/2015 16:32:32 answering member 1528 label Biography information for Sir Mike Penning
	tabling member	549 label Biography information for Mr Elfyn Llwyd

176137

	registered interest
	date	27/01/2015
	ddp modified	09/02/2015 01:09:33
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Internet
	house id	1
	legislature	25259 pref label House of Commons
	question first answered	02/02/2015 14:15:38
	question text	To ask the Secretary of State for the Home Department, what estimate she has made of the number of spyware downloads by residents of Engand and Wales in each of the last five years.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Mr Elfyn Llwyd
	uin	222226
	answer	answer is ministerial correction date of answer 02/02/2015 answer text <p>The Home Office does not hold this information.</p><p> </p> answering member constituency Staffordshire Moorlands answering member printed Karen Bradley grouped question UIN 222227 question first answered 02/02/2015 14:15:38 answering member 4110 label Biography information for Dame Karen Bradley
	tabling member	549 label Biography information for Mr Elfyn Llwyd

176138

	registered interest
	date	27/01/2015
	ddp modified	09/02/2015 01:09:40
	answering body	Home Office
	answering dept id	1
	answering dept short name	Home Office
	answering dept sort name	Home Office
	hansard heading	Social Media
	house id	1
	legislature	25259 pref label House of Commons
	question first answered	04/02/2015 12:40:56
	question text	To ask the Secretary of State for the Home Department, how many requests there have been to social media companies under the Regulation of Investigatory Powers Act 2000 in the last two years; and on how many occasions the information requested was (a) supplied and (b) refused.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Mr Elfyn Llwyd
	uin	222191
	answer	answer is ministerial correction date of answer 04/02/2015 answer text <p>Investigatory powers, including interception, communications data and surveillance, are fundamental to investigating crime, safeguarding national security and protecting the public. The use of these powers is subject to <br>stringent safeguards and is primarily regulated by the Regulation of Investigatory Powers Act 2000. <br><br>The Interception of Communications Commissioner provides robust, independent oversight of the use of interception and communications data and provides reports to the Prime Minister, which are published and laid in Parliament. <br>These reports includes statistics on public authorities’ use of interception and communications data powers, and his 2013 report contained more statistics than ever before. <br><br>It would not be appropriate to provide further details about the companies to which requests have been made, and their responses to such requests, as this would damage national security and efforts to fight serious crime.</p><p> </p> answering member constituency Hemel Hempstead answering member printed Mike Penning question first answered 04/02/2015 12:40:56 answering member 1528 label Biography information for Sir Mike Penning
	tabling member	549 label Biography information for Mr Elfyn Llwyd

176139

	registered interest
	date	27/01/2015
	ddp modified	09/02/2015 01:09:44
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Computer Misuse Act 1990
	house id	1
	legislature	25259 pref label House of Commons
	question first answered	04/02/2015 18:01:41
	question text	To ask the Secretary of State for Justice, how many (a) prosecutions and (b) convictions there have been under the Computer Misuse Act 1990 in each year since it entered into force.
	tabling member constituency	Dwyfor Meirionnydd
	tabling member printed	Mr Elfyn Llwyd
	uin	222192
	answer	answer is ministerial correction date of answer 04/02/2015 answer text <p /> <p>The Government is absolutely clear that abusive or threatening behaviour, stalking or harassment, are totally unacceptable, whether online or offline. A number of offences may be committed by misusing the internet or social media in this way, in particular under section 1 of the Malicious Communications Act 1988 or section 127 of the Communications Act 2003. Changes to the law in the Criminal Justice and Courts Bill will help to ensure that people who commit those offences are prosecuted and properly punished.</p><p> </p><p>Stalking causes misery for victims. That is why in 2012 we added to the Protection from Harassment Act 1997 two new specific offences of stalking (section 2A) and stalking involving fear of violence or serious alarm or distress (section 4A), the latter of which is punishable by up to five years in prison, or a fine, or both. Online stalking or harassment could amount to one of these offences if it is carried out as part of a ‘course of conduct’ which amounts to stalking, and could amount to the more serious offence if that course of conduct puts someone in fear of violence, or if it causes them serious alarm or distress which has a substantial adverse effect on their usual day-to-day activities</p><p> </p><p>The number of defendants proceeded against at magistrates' courts and found</p><p>guilty at all courts for offences relating to the Computer Misuse Act 1990,</p><p>from 1990 to 2013 (latest data available), can be viewed in the table.</p><p> </p><p>Information held centrally by the Ministry of Justice on the Court Proceedings Database does not include the circumstances behind each case beyond the description provided in the statute. It is not possible to separately identify from this centrally held information convictions and sentences involving the use or misuse of social media, or cyber crime. This detailed information may be held on the court record but due to the size and complexity is not reported centrally to the MoJ. As such, the information requested can only be obtained at disproportionate cost.</p><p> </p><p>Court proceedings data for 2014 are planned for publication in May 2015.</p><p> </p><table><tbody><tr><td colspan="3">Defendants proceeded against at magistrates' court and found guilty at all courts for offences relating to the Computer Misuse Act 1990, England &amp; Wales, 1990-2013<sup>(1)(2)</sup></td></tr><tr><td> </td><td> </td><td> </td></tr><tr><td> </td><td> </td><td> </td></tr><tr><td>Year</td><td>Proceeded<br> Against</td><td>Found<br> Guilty<sup>(3)</sup></td></tr><tr><td>1990</td><td>-</td><td>-</td></tr><tr><td>1991</td><td>1</td><td>1</td></tr><tr><td>1992</td><td>-</td><td>-</td></tr><tr><td>1993</td><td>-</td><td>-</td></tr><tr><td>1994</td><td>-</td><td>-</td></tr><tr><td>1995</td><td>-</td><td>-</td></tr><tr><td>1996</td><td>2</td><td>2</td></tr><tr><td>1997</td><td>-</td><td>-</td></tr><tr><td>1998</td><td>16</td><td>9</td></tr><tr><td>1999</td><td>13</td><td>11</td></tr><tr><td>2000</td><td>19</td><td>15</td></tr><tr><td>2001</td><td>25</td><td>31</td></tr><tr><td>2002</td><td>18</td><td>14</td></tr><tr><td>2003</td><td>19</td><td>5</td></tr><tr><td>2004</td><td>21</td><td>12</td></tr><tr><td>2005</td><td>24</td><td>16</td></tr><tr><td>2006</td><td>25</td><td>18</td></tr><tr><td>2007</td><td>19</td><td>10</td></tr><tr><td>2008<sup>(4)</sup></td><td>17</td><td>12</td></tr><tr><td>2009</td><td>19</td><td>10</td></tr><tr><td>2010</td><td>10</td><td>18</td></tr><tr><td>2011</td><td>11</td><td>11</td></tr><tr><td>2012</td><td>25</td><td>27</td></tr><tr><td>2013</td><td>55</td><td>40</td></tr><tr><td>Total</td><td>339</td><td>262</td></tr><tr><td> </td><td> </td><td> </td></tr><tr><td>(-) Nil</td><td> </td><td> </td></tr><tr><td> </td><td> </td><td> </td></tr><tr><td colspan="3">(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.</td></tr><tr><td> </td><td> </td><td> </td></tr><tr><td colspan="3">(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.</td></tr><tr><td> </td><td> </td><td> </td></tr><tr><td colspan="3">(3) The number of defendants found guilty in a particular year may exceed the number proceeded against as the proceedings in the magistrates' court took place in an earlier year and the defendants were found guilty at the Crown Court in the following year; or the defendants were found guilty of a different offence to that for which they were originally proceeded against.</td></tr><tr><td> </td><td> </td><td> </td></tr><tr><td colspan="3">(4) Excludes data for Cardiff magistrates' court for April, July and August 2008.</td></tr><tr><td> </td><td> </td><td> </td></tr><tr><td colspan="3">Source: Justice Statistics Analytical Services - Ministry of Justice.</td></tr><tr><td>PQ 222192</td><td> </td><td> </td></tr></tbody></table> answering member constituency Hemel Hempstead answering member printed Mike Penning grouped question UIN 222193 222194 question first answered 04/02/2015 18:01:41 answering member 1528 label Biography information for Sir Mike Penning
	tabling member	549 label Biography information for Mr Elfyn Llwyd