§ Mr. HealdTo ask the Secretary of State for the Home Department how many persons he estimates will be convicted of an offence under Clause 14(4) of the Criminal Justice and Police Bill annually. [147225]
§ Mr. Charles ClarkeIt is not possible to estimate how many convictions there will be each year following arrest for the offence set out in Clause 14 of the Criminal Justice and Police Bill. We expect this provision to have a deterrent effect, restricting the consumption of alcohol in those public places designated in accordance with Clause 15. Arrest will be appropriate only in the circumstances set out in Clause 14, where an individual fails without reasonable excuse to comply with a police officer's requirement that he or she should not consume alcohol in that place or should surrender alcohol and any opened alcohol containers.
§ Mr. HealdTo ask the Secretary of State for the Home Department if he will list the maximum punishment for each penalty offence in Clause 1 of the Criminal Justice and Police Bill and the maximum fine that a police officer could impose for each offence under Clause 2 of the Bill. [147223]
§ Mr. Charles ClarkeThe maximum sentences available on summary conviction for the offences listed in Clause 1 are given in the table. Clause 3 provides the Secretary of State with a power to determine by order the penalties payable in respect of each offence under the penalty notice scheme, with the restriction that they may not exceed half the amount of the maximum fine for which a person is liable upon conviction. Police officers will have no discretion to vary the amounts of these penalties. No figures for the penalties have yet been set.
717W
Maximum sentences for offences listed in clause 1(1) of the Criminal Justice and Police Bill Offence Description of Offence Maximum sentence Section 43(1)b of the Telecommunications Act 1984 Using public telecommunications system for sending a message known to be false in order to cause annoyance Six months, or Level 5 fine, or both Section 5 of the Public Order Act 1986 Threatening, abusive or insulting words or disorderly behaviour etc within hearing or sight of a person likely to be caused harassment, alarm or distress Level 3 fine Section 14 of (this bill) Consumption of alcohol in a designated public place Level 2 fine 1S 169 C(3) of the Licensing Act 1964 replaces S 169(3) of that Act by virtue of the Licensing (Young Persons) Act 2000. Level 1 fine: £200
Level 2 fine: £500
Level 3 fine: £1,000
Level 4 fine: 2,500
Level 5 fine: £5,000
§ Mr. HealdTo ask the Secretary of State for the Home Department (1) how many penalty notices he estimates will be issued for each penalty offence under Clause 2 of the Criminal Justice and Police Bill annually to persons(a) who would otherwise be cautioned, (b) who would otherwise be tried and (c) who would otherwise not be proceeded against in any way; [147224]
(2) how many penalty notices he estimates will be issued for each penalty offence under Clause 2 of the Criminal Justice and Police Bill annually; and what sum he estimates will be received in fines. [147222]
§ Mr. Charles ClarkeIt is not possible at this stage to give accurate estimates of the information requested. Numbers of penalty notices issued, and to whom, will depend upon a number of factors, including the levels at which penalties are set and the way in which the police use the new scheme. For the purposes of planning a range of possible outcomes has been considered, varying between 20 per cent. and 95 per cent. of those currently pleading guilty and between 80 per cent. and 50 per cent. of those currently being cautioned being issued instead with a fixed penalty notice.
As for those against whom no action is currently taken, the assumption is that at least 10 per cent. of all notices issued might be in respect of such people.
The Bill includes a power to specify different penalties for different offences. No decision has yet been taken as to what these penalties will be.
A more accurate assessment of numbers will be possible only once decisions have been taken about the level of fixed penalties and in the light of early experience of the scheme.
§ Mr. HealdTo ask the Secretary of State for the Home Department how many travel restriction orders he estimates will be made under Clause 35 of the Criminal Justice and Police Bill annually. [147227]
§ Mr. Charles ClarkeThis is to be a discretionary power, subject to a sentencing threshold, for the courts to apply when they deem it appropriate. But the number of offenders liable to such a ban, based on 1998 sentencing data, would be in the region of 300 to 400.