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Crispen Kulinji

Peter Bottomley: To ask the Secretary of State for the Home Department if he will lift the certificate of fast tracking in respect of the case of Mr. Crispen Kulinji, appeal reference AS/18370/2004; if he will arrange for Mr. Kulinji to have access to experienced competent legal advice; what information is available to the department regarding abduction and torture, in respect of Mr. Kulinji; if he will arrange for Mr. Kulinji's release from the holding centre; and if he will grant permission for Mr. Kulinji to remain in this country. [201911]

Mr. Browne: Information on individual cases is confidential and cannot be divulged without the express consent of the individual concerned.

Custodial Sentences

Mr. Fisher: To ask the Secretary of State for the Home Department how many (a) males and (b) females aged 15 to 17 received custodial sentences in each year since 1997. [209913]

Paul Goggins: The information requested is contained in the following table.
Persons aged 15 to 17 sentenced to immediate custody in England and Wales, 1997–2003

	Males	Females	Total
1997	6,651	302	6,953
1998	6,695	331	7,026
1999	6,949	388	7,337
2000	6,355	409	6,764
2001	6,418	398	6,816
2002	6,224	461	6,685
2003	5,223	355	5,578

Statistics for 2004 will be published in the autumn.

Mr. Fisher: To ask the Secretary of State for the Home Department how many (a) males and (b) females aged 15 to 17 sentenced in each year since 1997 served their sentences more than 50 miles from their parents' homes. [209914]

Paul Goggins: The available information is in the following table. The figures were supplied by the Youth Justice Board and relate to persons placed more than 50miles from their recorded home address. Information is not available for the years 1997–99.
All sentenced 15 to 17-year olds more than 50 miles from home 2000⁽⁷⁾–;04

	Year admitted
Age	2000	2001	2002	2003	2004
Gender (female):
15	39	83	56	47	76
16	42	71	73	71	88
17	41	72	69	65	72
Total	122	226	198	183	236
Gender (male):
15	277	405	274	253	263
16	437	610	437	349	427
17	656	950	626	524	627
Total	1370	1965	1337	1126	1317
Grand Total	1492	2191	1535	1309	1553

⁽⁷⁾data for 2000 is for 1 April to 31 December only.



 
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Departmental Risk Assessments

Mr. Austin Mitchell: To ask the Secretary of State for the Home Department whether his Department has conducted a risk assessment of (a) the implementation of the Criminal Justice Act 2003, (b) the timing of the introduction of the National Offender Management Service and (c) the reorganisation of the courts. [209650]

Paul Goggins: Risk assessments have been carried out on implementation of Criminal Justice Act 2003 (CJA) and the National Offender Management Service (NOMS) Change Programme. They considered the risks to the programme posed by a variety of factors, including timing and considered the likelihood and consequences of any such risks materialising. The resulting risk registers also detail the actions required to ensure that the consequences of any risk is minimised. These actions are being taken forward by the appropriate Directors. Risk management is supported by the NOMS Programme Office and overseen by the NOMS Programme and Executive Board. These feed into wider Home Office risk management procedures.

A Risk Assessment on the re-organisation of the courts has been carried out by the Department for Constitutional Affairs (DCA). The DCA established the Unified Courts Administration Programme (UCAP) to implement the re-organisation of the courts and to manage associated risks at area and regional levels. Risk registers are considered on a continuous review basis, and appropriate actions taken, by Directors at all levels of the organisation. Risk management is overseen, on behalf of the DCA, by UCAP and its Transitional Management Group.

Erkin Guney

Andrew Mackinlay: To ask the Secretary of State for the Home Department if he will make a statement on Scotland Yard's Anti-Corruption Squad's investigation into the circumstances leading to the wrongful conviction of Erkin Guney; when the investigation is expected to be concluded; when the results are expected to be presented to the Crown Prosecution Service; when Mr. Guney will be advised of progress; and if he will make a statement. [205533]

Ms Blears: Erkin Guney was investigated and convicted on 23 July 1996 for possession of heroin with intent to supply and illegal possession of a firearm and ammunition. He received a 14 year prison sentence. Mr.Guney appealed three times against conviction and, on his third attempt in 2003, his appeal was upheld; grounds of an unsafe conviction were cited.

I am advised by the Independent Police Complaints Commission (IPCC) that on 23 July 2003 Mr. Guney made a complaint against the police for failing to investigate threats to kill him and for acting dishonestly in gathering information that led to his arrest and prosecution. The MPS referred the complaint to the Police Complaints Authority (PCA) who agreed to supervise an MPS investigation into that complaint. The IPCC took over the supervision of the case on 1 April 2004 from the PCA.
 
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The investigation is continuing but, given the length it has been running, the IPCC has requested that the Investigating Officer's final report be completed by mid-February. On receipt of the report, the IPCC will review the case and, if it is satisfied with the conduct of the investigation, the investigation will be closed.

On conclusion of the investigation, if the report indicates a criminal offence may have been committed, a copy of the report will be sent to the Crown Prosecution Service.

The IPCC wrote to the complainant's solicitors on 14 January 2005 with an update on the current position and will continue to report progress to Mr. Guney until the matter is concluded.

Essex Police (Court Attendance)

Mr. Amess: To ask the Secretary of State for the Home Department how many days working at usual duties were lost in each year since 1997 due to police officers in the Essex Constabulary attending court cases; and if he will make a statement. [207752]

Ms Blears: Information on the number of working days Essex police officers spent attending court cases each year since 1997 has not been collected.

Fixed Penalty Notices

Mr. Byrne: To ask the Secretary of State for the Home Department if he will list the offences for which fixed penalty notices can be issued by (a) police constables and (b) police community support officers. [208780]

Ms Blears: Police officers can issue fixed penalty notices under the Road Traffic Offenders Act 1988 for around 150 different offences which are listed in Schedule 3 to the Act. In addition the following offences have been added to the scheme since September 2000:
 
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No MOT contrary to s47 of the Road Traffic Act 1988; No insurance contrary to s143 of the Road Traffic Act 1988;

Failure to supply details necessary to identify an offending driver contrary to s172 of the Road Traffic Act 1988; Overtaking a stationary or moving vehicle in the controlled area of a toucan crossing contrary to Regulation 28 of the Traffic Signs Regulations and General Directions 2002 (TSRGD); Stopping in the controlled area of a toucan crossing contrary to Regulation 27 of the TSRGD; Failing to wear prescribed types of authorised eye protectors when driving or riding a motor bicycle contrary contrary to the Motor Cycles (eye Protectors) Regulations 1999.

The police also have the power to issue fixed penalty notices for disorder as provided for in the Criminal Justice and Police Act 2001. The table lists the offences currently included in the scheme.

Community support officers have the power of a constable to issue penalty notices for disorder except for the offences of theft and littering. In addition they have the power of a constable to issue fixed penalty notices for the offence of riding on a footway under s72 of the Highway Act.

They also have the power of an authorised officer of a local authority to issue fixed penalty notices for an offence of dog fouling under s4 of the Dog (Fouling of Land) Act 1996, for littering under s88 of the Environmental Protection Act 1990 and for offences of fly posting or graffiti under s43 of the Anti-social Behaviour Act 2003.

Community support officers can issue road traffic fixed penalty notices only where they have additionally been designated by the Chief Constable as traffic wardens.

The police and community support officers also have the power to issue fixed penalty notices for truancy, although these notices are normally issued by education welfare officers.
Penalty Notice for Disorder Scheme: List of Penalty Offences

Act	Description
S 5, Criminal Law Act 1967	Wasting police time, giving false report.
$1 27(2) of the Communications Act 2003	Use of a public electronic communications network in order to cause annoyance, inconvenience or needless anxiety.
(England only) S49 of the Fire and Rescue Services Act 2004	Knowingly giving a false alarm to a person acting on behalf of a fire and rescue authority.
S 31, Fire Services Act 1947	Knowingly giving a false alarm to a fire brigade.
S5, Public Order Act 1986	Causing, harassment, alarm or distress.
S80, Explosives Act 1875	Throwing fireworks.
S91, Criminal Justice Act 1967	Drunk & disorderly.
s169A of the Licensing Act 1964	Sell alcohol to person under 18.
s169C(2)of the Licensing Act 1964	Purchase in licensed premises of alcohol for person under 18.
s169C(3)of the Licensing Act 1964	Purchase of alcohol for consumption in a bar in licensed premises for person under 18.
s169F of the Licensing Act 1964	Delivery of alcohol to person under 18 or allowing such delivery.
s1 (1) of the Criminal Damage Act 1971	Destroying or damaging property (under £500).
s1 of the Theft Act 1968	Theft (retail under 200)*.
Fireworks Regulations 2004 under s11 of the Fireworks Act 2003	Contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements, specifically; Breach of fireworks curfew.
Fireworks Regulations 2004 under s11 of the Fireworks Act 2003	Contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements, specifically; Possession of a category 4 firework.
Fireworks Regulations 2004 under s11 of the Fireworks Act 2003	Contravention of a prohibition or failure to comply with a requirement imposed by or under fireworks regulations or making false statements, specifically; Possession by a person under 18 of an adult firework.
S55, British Transport Commission Act 1949	Trespassing on a railway.
S56, British Transport Commission Act 1949	Throwing stones at a train.
S12, Licensing Act 1872	Drunk in highway.
S12, Criminal Justice & Police Act 2001	Consume alcohol in designated public place, contrary to requirement by constable not to do so.
S87(1)and(5)of the Environmental Protection Act 1990	Depositing and leaving litter*.
169E(1)of the Licensing Act 1964	Consumption of alcohol by a person under 18 in licensed premises.
169E(2)of the Licensing Act 1964	Allowing consumption of alcohol by a person under 18 in a bar in licensed premises.

 
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