§ Mr. BercowTo ask the Secretary of State for the Home Department, pursuant to his answer of 2 November 2000,Official Report, column 611W, if he will (a) list the categories of offence for which the 1,756 people were sentenced and (b) the action taken following the breaches of the conditions of their release. [137993]
§ Mr. BoatengAn analysis of the index offences of the 1,756 prisoners who were placed on the home detention curfew scheme and who breached the conditions of their licence is contained in the table.
Where a breach is notified to the Prison Service, consideration is given to the most appropriate course of action, in the light of the available legal powers and the circumstances of the individual case. Where an offender breaches his licence conditions, the presumption is that the Prison Service will always revoke the licence unless there are legal considerations which prevent this or make it impracticable, or other exceptional circumstances. Of the 1,756 cases referred to, 1,294 had their licences revoked by the Secretary of State pursuant to 815W section 38A(1) or section 39 of the Criminal Justice Act 1991. In a further 46 cases, the breach was reported to the police or probation service to consider initiating breach action through the courts under section 38(1) of the Act. In addition, those prisoners who were convicted of committing a further offence during the currency of their licence, and therefore were in breach of their licence conditions, would have been liable, under section 40 of the Act, to an additional sentence of imprisonment.
In 416 cases legal considerations prevented revocation action. The majority of these were cases where the breach of licence was notified to the Prison Service only after the licence had expired; as my answer to my hon. Friend the Member for Corby (Mr. Hope) of 22 May 2000, Official Report, column 360W, indicated, a significant proportion of cases involving further charges brought against curfewees have not been notified to the Prison Service by the police. Action is currently being taken to improve reporting arrangements.
816W
Breakdown of the original offences of those curfewees who breached the conditions of their licence 28 January 1999 to 30 September 2000 Number Total 1,756 Manslaughter 2 Other homicide and attempted homicide 6 Attempted murder 0 Making threats to kill 5 Conspire, aid, incite murder 0 Death by reckless driving 3 Wounding 180 Wounding (inflicting GBH) 115 Assault occasioning ABH 61 Assault with intent to cause GBH 4 Assaults 46 Assault with intent to resist arrest 4 Other assault 34 Obstruct/resist constable 0 Assault on police officer 8 Cruelty to children 4 Other violence against the person 14 Cause explosion, place explosive 0 Possess firearms with intent 8 Possess offensive weapon 6 Other violence against the person 0 Buggery 0 Indecent assault 1 Unlawful sexual intercourse 0 Abduction 0 Bigamy 0 Burglary 307 Robbery 95 Taking and driving away 27 Other theft 149 Handling stolen goods 50 Fraud 82 Forgery 9 Drugs offences 192 Production 4 Supply 63 Possession with intent 57 Possession 54 Unlawful import/export 14 Other drugs offences 0
Breakdown of the original offences of those curfewees who breached the conditions of their licence 28 January 1999 to 30 September 2000 Number Arson 11 Criminal damage 11 In charge or driving under the influence of drink or drugs 55 Reckless driving 26 Other motoring offences 117 Drunkenness 11 Blackmail 3 Kidnapping 3 Affray 48 Violent disorder 9 perjury/libel/pervert the course of justice 18 Threat/disorderly behaviour 9 Breach of court order 67 Procuration 0 False imprisonment 4 Bail Act offences 2 Assisting illegal immigrant 1 Minor firearm offences 0 Vagrancy Act offences 0 Cruelty etc to animals 0 Escaping lawful custody 0 Making off without payment 0 Criminal attempts 2 Other indictable offences 44 Help under Immigration Act 1971 1 Other non criminal offences 0 Offence not recorded 148