{ "format" : "linked-data-api", "version" : "0.2", "result" : {"_about" : "http://eldaddp.azurewebsites.net/answeredquestions.text?answer.dateOfAnswer=2014-11-21&hansardHeading=Sentencing", "definition" : "http://eldaddp.azurewebsites.net/meta/answeredquestions.text?answer.dateOfAnswer=2014-11-21&hansardHeading=Sentencing", "extendedMetadataVersion" : "http://eldaddp.azurewebsites.net/answeredquestions.text?answer.dateOfAnswer=2014-11-21&_metadata=all&hansardHeading=Sentencing", "first" : "http://eldaddp.azurewebsites.net/answeredquestions.text?_page=0&answer.dateOfAnswer=2014-11-21&hansardHeading=Sentencing", "hasPart" : "http://eldaddp.azurewebsites.net/answeredquestions.text?answer.dateOfAnswer=2014-11-21&hansardHeading=Sentencing", "isPartOf" : "http://eldaddp.azurewebsites.net/answeredquestions.text?answer.dateOfAnswer=2014-11-21&hansardHeading=Sentencing", "items" : [{"_about" : "http://data.parliament.uk/resources/155538", "AnsweringBody" : [{"_value" : "Ministry of Justice"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/155538/answer", "answerText" : {"_value" : "

The court has discretion as to how sentences should be served. The independent Sentencing Council issued a guideline, Offences Taken Into Consideration and Totality<\/em>, which all courts must follow so that there is a consistency of approach. The court has discretion as to whether or not to take offences into consideration (TICs), but where it does so the court should pass a total sentence which reflects all offending behaviour. The sentence must be just and proportionate and must not exceed the statutory maximum for the convicted offence. The guideline also says that there is no inflexible rule governing whether sentences should be structured as concurrent or consecutive components but, again, the overriding principle is that the overall sentence must be just and proportionate.<\/p>

The Ministry of Justice Court Proceeding Database holds information on offences provided by the statute under which proceedings are brought but not all the specific circumstances of each case. Data on offences taken into consideration are not available from the information provided centrally to the Ministry of Justice. This detailed information is not reported to Justice Statistical Analytical Services due to their size and complexity and as such, it can only be obtained at disproportionate cost.<\/p>

<\/p>

The Ministry of Justice\u2019s extract of the Police National Computer (PNC) from which MoJ uses to publish official statistics on offenders\u2019 criminal histories, while it holds information on those offenders who were cautioned or convicted for recordable offences in England and Wales, it does not in all (most) cases record data on\u2019 disposal qualifiers\u2019 the variable which allows us to identify concurrent prison sentences served.<\/p>

<\/p>

Data on concurrent prison sentences served is therefore incomplete and unreliable. To provide the information requested, we would be required to contact all the courts in England and Wales and asking them to search individual case files in order to establish whether they hold information on concurrent prison sentences. To collate the information you require, would incur disproportionate cost.<\/p>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/1528", "label" : {"_value" : "Biography information for Sir Mike Penning"} } , "answeringMemberConstituency" : {"_value" : "Hemel Hempstead"} , "answeringMemberPrinted" : {"_value" : "Mike Penning"} , "dateOfAnswer" : {"_value" : "2014-11-21", "_datatype" : "dateTime"} , "groupedQuestionUIN" : {"_value" : "214185"} , "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2014-11-21T14:27:00.04Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "54"} , "answeringDeptShortName" : {"_value" : "Justice"} , "answeringDeptSortName" : {"_value" : "Justice"} , "date" : {"_value" : "2014-11-11", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Sentencing"} , "houseId" : {"_value" : "1"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"} } ], "questionText" : "To ask the Secretary of State for Justice, what the highest number of offences taken into consideration for an offender has been (a) on one sentencing occasion and (b) over that offender's whole offending history.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/1565", "label" : {"_value" : "Biography information for Sir Philip Davies"} } , "tablingMemberConstituency" : {"_value" : "Shipley"} , "tablingMemberPrinted" : [{"_value" : "Philip Davies"} ], "uin" : "214184"} , {"_about" : "http://data.parliament.uk/resources/155541", "AnsweringBody" : [{"_value" : "Ministry of Justice"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/155541/answer", "answerText" : {"_value" : "

Whilst crime is falling, sentences are getting more severe. Under this Government fewer individuals are entering the criminal justice system for the first time but those who do offend are more likely to go to prison, and for longer.<\/p>

<\/p>

The court has discretion as to how sentences should be served. The independent Sentencing Council issued a guideline, Offences Taken Into Consideration and Totality<\/em>, which all courts must follow so that there is a consistency of approach. The guideline says that there is no inflexible rule governing whether sentences should be structured as concurrent or consecutive components but the overriding principle is that the overall sentence must be just and proportionate.<\/p>

<\/p>

The general approach on whether sentences should be served consecutively or concurrently as it applies to determinate custodial sentences, is that concurrent sentences will ordinarily be appropriate where the offences arise out of the same incident, or where there is a series of offences of the same or similar kind. Consecutive sentences will normally be appropriate where the offences arise out of unrelated facts or incidents, the offences are of a similar kind but the overall criminality will not be sufficiently reflected by concurrent sentences, or where one or more offences qualifies for a minimum sentence and concurrent sentences would improperly undermine that minimum. The guideline deals in more detail with various circumstances including where the offender is serving an existing custodial sentence and is being sentenced to custody for another offence.<\/p>

<\/p>

The information requested is complex and needs to be extracted from raw data, formatted and checked. This will take some time and I will therefore write to my honourable Friend as soon as it is available.<\/p>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/1528", "label" : {"_value" : "Biography information for Sir Mike Penning"} } , "answeringMemberConstituency" : {"_value" : "Hemel Hempstead"} , "answeringMemberPrinted" : {"_value" : "Mike Penning"} , "dateOfAnswer" : {"_value" : "2014-11-21", "_datatype" : "dateTime"} , "groupedQuestionUIN" : {"_value" : "214193"} , "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2014-11-21T14:44:50.957Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "54"} , "answeringDeptShortName" : {"_value" : "Justice"} , "answeringDeptSortName" : {"_value" : "Justice"} , "date" : {"_value" : "2014-11-11", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Sentencing"} , "houseId" : {"_value" : "1"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"} } ], "questionText" : "To ask the Secretary of State for Justice, how many and what proportion of custodial sentences for a second or subsequent offence were handed down to run concurrently with another custodial sentence in each of the last four years.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/1565", "label" : {"_value" : "Biography information for Sir Philip Davies"} } , "tablingMemberConstituency" : {"_value" : "Shipley"} , "tablingMemberPrinted" : [{"_value" : "Philip Davies"} ], "uin" : "214192"} , {"_about" : "http://data.parliament.uk/resources/155542", "AnsweringBody" : [{"_value" : "Ministry of Justice"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/155542/answer", "answerText" : {"_value" : "

Whilst crime is falling, sentences are getting more severe. Under this Government fewer individuals are entering the criminal justice system for the first time but those who do offend are more likely to go to prison, and for longer.<\/p>

<\/p>

The court has discretion as to how sentences should be served. The independent Sentencing Council issued a guideline, Offences Taken Into Consideration and Totality<\/em>, which all courts must follow so that there is a consistency of approach. The guideline says that there is no inflexible rule governing whether sentences should be structured as concurrent or consecutive components but the overriding principle is that the overall sentence must be just and proportionate.<\/p>

<\/p>

The general approach on whether sentences should be served consecutively or concurrently as it applies to determinate custodial sentences, is that concurrent sentences will ordinarily be appropriate where the offences arise out of the same incident, or where there is a series of offences of the same or similar kind. Consecutive sentences will normally be appropriate where the offences arise out of unrelated facts or incidents, the offences are of a similar kind but the overall criminality will not be sufficiently reflected by concurrent sentences, or where one or more offences qualifies for a minimum sentence and concurrent sentences would improperly undermine that minimum. The guideline deals in more detail with various circumstances including where the offender is serving an existing custodial sentence and is being sentenced to custody for another offence.<\/p>

<\/p>

The information requested is complex and needs to be extracted from raw data, formatted and checked. This will take some time and I will therefore write to my honourable Friend as soon as it is available.<\/p>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/1528", "label" : {"_value" : "Biography information for Sir Mike Penning"} } , "answeringMemberConstituency" : {"_value" : "Hemel Hempstead"} , "answeringMemberPrinted" : {"_value" : "Mike Penning"} , "dateOfAnswer" : {"_value" : "2014-11-21", "_datatype" : "dateTime"} , "groupedQuestionUIN" : {"_value" : "214192"} , "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2014-11-21T14:44:51.097Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "54"} , "answeringDeptShortName" : {"_value" : "Justice"} , "answeringDeptSortName" : {"_value" : "Justice"} , "date" : {"_value" : "2014-11-11", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Sentencing"} , "houseId" : {"_value" : "1"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25259", "prefLabel" : {"_value" : "House of Commons"} } ], "questionText" : "To ask the Secretary of State for Justice, how many and what proportion of offenders being sentenced to a custodial sentence for a second or subsequent offence were given a concurrent custodial sentence in each of the last four years.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/1565", "label" : {"_value" : "Biography information for Sir Philip Davies"} } , "tablingMemberConstituency" : {"_value" : "Shipley"} , "tablingMemberPrinted" : [{"_value" : "Philip Davies"} ], "uin" : "214193"} ], "itemsPerPage" : 10, "page" : 0, "startIndex" : 1, "totalResults" : 3, "type" : ["http://purl.org/linked-data/api/vocab#ListEndpoint", "http://purl.org/linked-data/api/vocab#Page"]} }