---

Malicious Communications Act

Mr. David Heath: To ask the Secretary of State for the Home Department on how many occasions prosecutions have been brought against persons or companies under the Malicious Communications Act 1988 for communications distributed in respect of commercial purposes. [151414]

Mr. Charles Clarke: Number of persons or companies prosecuted under the Malicious Communications Act 1988 for communications distributed for commercial purposes are not separately identified on the Home Office's Court Proceedings and Cautions Database.

Involuntary Manslaughter

Dr. Kumar: To ask the Secretary of State for the Home Department what plans he has to bring forward legislation on involuntary manslaughter. [152670]

Mr. Charles Clarke: The Government published their proposals for the reform of the law on involuntary manslaughter in May 2000. Among the proposals was the creation of an offence of corporate killing to hold undertakings to account for serious wrongdoing. We are considering in detail the responses to the consultation exercise and will publish our final proposals shortly. We will legislate as soon as Parliamentary time allows.

Driver Prosecutions

Mr. Bob Russell: To ask the Secretary of State for the Home Department if he will take steps to ensure that drivers prosecuted as a result of crashes in which there has been a fatality are tried in a Crown court. [151416]

Mr. Charles Clarke: Drivers who cause a fatality by grossly negligent driving, dangerous driving or careless driving while under the influence of drink or drugs must currently be tried in the Crown court. If convicted of manslaughter they are liable to a maximum penalty of life imprisonment; the other relevant offences carry a

8 Mar 2001 : Column: 314W

maximum penalty of 10 years' imprisonment. Where a vehicle is taken without the owner's consent and causes a fatality the driver must also be tried in the Crown court and is liable, if convicted, to a maximum penalty of five years imprisonment.

There is currently no offence which reflects a fatality occurring as a result of careless driving. In these circumstances the driver would be charged with the summary-only offence of careless driving which attracts a level 4 fine (currently £2,500).

The Government are aware of concerns about the powers of the court to deal with fatalities that occur on the roads. Accordingly, the Transport Research Laboratory has carried out research on behalf of the Department of the Environment, Transport and the Regions into the way in which "bad" driving cases proceed through the criminal justice system. The report is due to be published in the near future. We will then be in a better position to judge whether any changes in this area of law and its operation are necessary.

Magistrates Courts

Miss Widdecombe: To ask the Secretary of State for the Home Department if he will list, for each of the last five years for which figures are available, the results of trials in magistrates courts, including cases that were withdrawn or dismissed. [152691]

Mr. Charles Clarke: Information covering the period 1994 to 1999, showing the number of defendants prosecuted at magistrates courts by type of offence and result is published in Table 6.3 of "Criminal Statistics England and Wales 1999" (Cm 5001).

A copy is available in the Library.

Homicides

Miss Widdecombe: To ask the Secretary of State for the Home Department how many (a) murders and

8 Mar 2001 : Column: 315W

(b) other homicides were committed in England and Wales, broken down by specific offence, in each of the last 10 years for which figures are available. [152748]

Mr. Charles Clarke: The available information relates to initially recorded offences of homicide (murder, manslaughter and infanticide) in England and Wales and is given in the table. Those offences subsequently decided at court to be murder, manslaughter and infanticide are

8 Mar 2001 : Column: 316W

also shown. The latest figures are an unreliable guide as in a large number of cases court proceedings were still pending as at 11 September 2000 when recording was closed for publication purposes. The outcome may result in some offences being reclassified when final data are available.

Offences of homicide initially recorded by the police and the outcome of those subsequently decided at court:

8 Mar 2001 : Column: 315W

Year	Offences initially recorded as homicide(18)	Convicted of homicide(19) TotalMurderSection 2 manslaughterOther manslaughterInfanticide
1990	661	443	186	70	183	4
1991	725	502	197	76	224	5
1992	681	504	215	78	205	6
1993	675	501	224	62	210	5
1994	727	491	228	69	191	3
1995	753	553	272	54	224	3
1996	679	530	258	50	218	4
1997	735	499	247	46	203	3
1997-98	731	506	228	47	227	4
1998-99	745	490	241	38	204	7
1999-2000	761	232	121	13	98	-

⁽¹⁸⁾ A separate offence is recorded for each victim of homicide, so that in an incident in which several people are killed, the number of homicides counted is the total number of persons killed.

⁽¹⁹⁾ As at 11 September 2000; figures are subject to revision as cases are dealt with by the police and by the courts, or as further information becomes available.

8 Mar 2001 : Column: 315W

The initially recorded figure includes all homicides because when an offence is discovered and recorded by the police, it is not generally known whether an offence of murder, manslaughter or infanticide has been committed.

Press Releases

Mr. Don Foster: To ask the Secretary of State for the Home Department how many press releases were issued by his Department in the financial years (a) 1996-97, (b) 1997-98, (c) 1998-99 and (d) 1999-2000; how many have been issued in the current financial year; and what his estimate is of the total number for the current financial year. [149247]

Mr. Straw [holding answer 8 February 2001]: The information for my Department is as follows:

Year	Home Office	Prison Service	Forensic Science Service	Her Majesty's Inspectorate of Prisons	Her Majesty's Inspectorate of Probation
1996-97	411	78	--	--	--
1997-98	399	89	16	--	--
1998-99	512	93	13	--	--
1999-2000	417	78	9	11	1

Current financial year to 6 March 2001

	Number
Home Office	402
Prison Service	93
Inspectorates	31

It is difficult to estimate the total number of press releases likely to be issued by the end of this financial year but on current projections we would anticipate it to be in excess of 400 for the Home Office, 110 for the Prison Service and 35 on behalf of the Inspectorates.

8 Mar 2001 : Column: 316W

Dr. Ali Dizaei

Mr. Peter Bottomley: To ask the Secretary of State for the Home Department what the (a) most serious and (b) least serious discipline matter is for which Dr. Ali Dizaei has been warned of action. [152387]

Mr. Charles Clarke: The Commissioner of Police of the Metropolis considers that it could potentially be prejudicial to reveal in this, or in any other case, the details of alleged misconduct before any decision has been taken to institute disciplinary proceedings.

Superintendent Dizaei himself has been informed of the nature of the allegations against him.

Mr. Peter Bottomley: To ask the Secretary of State for the Home Department in relation to the investigation of Dr. Ali Dizaei, how many of those interviewed are (a) white and (b) non-white. [152393]

Mr. Charles Clarke: The Commissioner of Police of the Metropolis informs me that a total of 185 persons have been interviewed and statements taken: (a) 144 were white and (b) 41 were non-white.

Mr. Peter Bottomley: To ask the Secretary of State for the Home Department (1) what the requirements of suspicion are for a section 8 warrant; [152392]

(2) which papers of Dr. Ali Dizaei relating to his position as legal adviser to members of the National Black Police Association in cases relating to possible unfair treatment by an employing police service have been (a) seen and (b) taken by the police; who authorised such action; and what protocols have governed the confidentiality of the documents; [152390]

(3) what warrants have been (a) applied for, (b) refused and (c) executed in relation to the investigation of Dr. Ali Dizaei, indicating the dates and the authority signing each warrant. [152391]

8 Mar 2001 : Column: 317W

Mr. Charles Clarke: In order to obtain a warrant under section 8 of the Police and Criminal Evidence Act 1984 to enter and search premises, a constable must satisfy a Justice of the Peace that there are reasonable grounds for believing:

(a) that a serious arrestable offence has been committed; and

(b) that there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and

(c) that the material is likely to be relevant evidence; and

(d) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and

(e) that any of the following conditions applies.

The conditions referred to in (e) above are:

(a) that it is not practicable to communicate with any person entitled to grant entry to the premises;

(b) that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;

(c) that entry to the premises will not be granted unless a warrant is produced;

(d) that the purpose of the search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

The Commissioner of Police of the Metropolis informs me that 14 warrants were applied for. Of these, 12 were issued at Bow street magistrates court on 15 January 2001 by District Judge Mr. Workman, one was issued at Horseferry road magistrates court on 20 January 2001 by District Judge Mr. Pratt, and one was issued at Bow street magistrates court, on 8 February 2001 by District Judge Mr. Evans. No warrants were refused. 13 warrants were executed with one warrant returned to Bow street magistrates court unexecuted.

Dr. Dizaei's home address and office at Kensington police station were both searched and papers, computer and discs were seized. The offices of the Black Police Association were not searched. The Commissioner of Police of the Metropolis informs me that no matters subject to legal privilege or other matters relating to Dr. Dizaei's position as legal adviser to the National Black Police Association have been taken by police.

Mr. Peter Bottomley: To ask the Secretary of State for the Home Department what criminal offences were alleged against Dr. Ali Dizaei; and if he has been arrested. [152394]

Mr. Charles Clarke: The Commissioner of Police of the Metropolis informs me Superintendent Dizaei has been served with notices outlining criminal allegations against him. These include attempting to pervert the course of justice, deception, pecuniary advantage and fraud. Superintendent Dizaei has not been arrested.

Mr. Peter Bottomley: To ask the Secretary of State for the Home Department who is responsible for the investigation into Dr. Ali Dizaei. [152395]

Mr. Charles Clarke: The Commissioner of Police of the Metropolis informs me that the allegations into misconduct are being investigated by Commander Hayman, Director of the Directorate of Professional Standards of the Metropolitan Police Service; and criminal allegations are being investigated by Detective

8 Mar 2001 : Column: 318W

Superintendent Norman, Head of Intelligence in the Directorate of Professional Standards of the Metropolitan Police Service.

Mr. Peter Bottomley: To ask the Secretary of State for the Home Department how many officers have been working on the surveillance and investigation into the case of Dr. Ali Dizaei. [152386]

Mr. Charles Clarke: The Commissioner of Police of the Metropolis informs me eight police officers have been employed on the investigation during the year 2000. However the surveillance operation would have involved an additional 13 police officers. Since January 2001, when Superintendent Dizaei was suspended, a further 21 officers have been engaged in the investigation. It is anticipated that half those police officers will resume other investigations after Easter 2001.

---