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Public Order

Anne Snelgrove: To ask the Secretary of State for the Home Department how many retailers have been fined under section 54 and 54A of the Anti-social Behaviour Act 2003 in (a) Swindon, (b) the South West and (c) England in each year since 2003. [59020]

Hazel Blears: No records of prosecutions under section 54 of the Anti-social Behaviour Act 2003 were notified to the Home Office for 2003 and 2004.

Anne Snelgrove: To ask the Secretary of State for the Home Department how many graffiti removal notices were issued in Swindon in each year since 2003. [59015]

Hazel Blears: There has not been any graffiti removal notices issued in Swindon. Section 48–52 of the Anti-social Behaviour Act 2003 introducing these provisions will be commenced on 6 April 2006.

Mr. Graham Stuart: To ask the Secretary of State for the Home Department how many antisocial behaviour orders have been issued since the introduction in each local police team area in Beverley and Holderness. [59023]

Hazel Blears: Antisocial behaviour orders (ASBOs) introduced under the Crime and Disorder Act (1998) were made available to the courts from 1 April 1999. From commencement up to 1 June 2000 data were collected on aggregate numbers only by police force area. Data are not available for each local police team area. However, since 1 June 2000, from copies of the orders received, we are able to determine the local
 
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government authority area in which prohibitions are imposed. A table giving annual data, up to 30 June 2005 (latest available), broken down by local government authority area is available on the Crime Reduction website at www.crimereduction.gov.uk

Mr. Jim Cunningham: To ask the Secretary of State for the Home Department what steps he (a) is taking and (b) plans to take to tackle antisocial behaviour outside nightclubs and public houses in the West Midlands region; and if he will make a statement. [58907]

Hazel Blears: The Government are determined to target those individuals involved in alcohol disorder in our towns and cities. We have recently undertaken our third Alcohol Misuse Enforcement Campaign (AMEC) to crack down on such behaviour. West Midlands police received £192,000 from the Home Office and overall during the campaign police and trading standard officers carried out over 6,000 test purchase operations, dealt with more than 30,000 offences and made over 25,000 arrests. The police work that led to the success of AMEC will now continue on a daily basis as part of everyday mainstream police activities. We have also introduced a range of new powers through the Licensing Act 2003 to deal with the problems of alcohol misuse. In addition, the Violent Crime Reduction Bill will introduce a new civil order—a Drinking Banning Order—which will allow for the exclusion from the area concerned of individuals aged 16 or over who are responsible for alcohol-related disorder.

Remand Prisoners

Mr. Bellingham: To ask the Secretary of State for the Home Department what proportion of inmates who are being held on remand have been detained in prison previously. [59317]

Fiona Mactaggart: The information requested cannot be provided due to disproportionate cost.

Slave Trade Abolition

Mrs. Ellman: To ask the Secretary of State for the Home Department what plans he has for a national slavery memorial day in 2007; and if he will make a statement. [51761]

Paul Goggins: There are no plans for a specific memorial day. The Government have, however, brought together influential stakeholders in an advisory group, chaired by the Deputy Prime Minister, to discuss arrangements for the bicentenary in 2007 of the passage of the Slave Trade Act which made the slave trade illegal in the British empire. A wide range of activity at local and national level is currently under consideration.

Special Constables

Mrs. Spelman: To ask the Secretary of State for the Home Department how many special constables there were in each police force area in each year since 1997. [60104]

Hazel Blears: The information is set out in the following table. Data on special constabulary numbers is published annually in Home Office Statistical Bulletins on police strength in England and Wales, which are available in the Library. Figures for March 2006 will be published later this year.
 
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The total strength(58) for special constables by police force area (1997—2005)

March
Police force area199719981999200020012002200320042005
Avon and Somerset759621547459400364345305396
Bedfordshire18218615415111511898146209
Cambridgeshire303320310274218207189193199
Cheshire475459407350290191161173192
Cleveland16016412612893851028566
Cumbria1891982041761561029477126
Derbyshire428380317282275260249301369
Devon and Cornwall1,1481,024918870804689645602582
Dorset289315305298267253214210230
Durham184144159157146134948191
Essex634638544483445381371349363
Gloucestershire297276233206183154157155146
Greater Manchester685598523457367338340345380
Hampshire621698760615462444373346369
Hertfordshire297306238216198206193206226
Humberside340324269246212207157209328
Kent589592526436392327286341338
Lancashire483489449382360363351336319
Leicestershire415406316247162143149159181
Lincolnshire271260216195166155139156179
London, City of867664564336425452
Merseyside401419458476541468503371259
Metropolitan Police1,7141,2821,138758774680692742697
Norfolk402337336285259244239241253
Northamptonshire316288230199188177189197242
Northumbria533400342332300256221169240
North Yorkshire362358276217182185177160173
Nottinghamshire620558461411335341261295333
South Yorkshire308281246205188206204200204
Staffordshire685595468482402384391376409
Suffolk379397420391349308275266267
Surrey297235224175149187212255289
Sussex472442393352306306303181200
Thames Valley656609569472418356369341375
Warwickshire381345261260221209190169190
West Mercia582512515476399339309280263
West Midlands945889731680617598637715959
West Yorkshire690589559484415349374403417
Wiltshire154149184173152147154169174
Dyfed-Powys283254237202191157152151167
Gwent157119113119137142130136144
North Wales341358400247207125133124124
South Wales361366338267254277173218198
Total 43 forces in England and Wale19,87418,25616,48414,34712,73811,59811,03710,98811,918


(58) Total strength is based on headcount figures.


Terrorism

Dr. Julian Lewis: To ask the Secretary of State for the Home Department what penalties exist in British law in respect of the (a) taking-up of arms against UK or other coalition armed forces and (b) training in terrorist camps by (i) UK and (ii) non-UK residents; and whether he plans to review these penalties. [58659]

Hazel Blears: In any given case, whether a prosecution can be brought will depend on the particular circumstances that pertain in that case.

A person of any nationality who takes up arms against UK or allied forces in the United Kingdom is likely to commit an offence and the penalty will depend on the precise nature of the conduct the person has undertaken.

As a general rule, the UK courts only have jurisdiction in respect of offences committed within the UK but there are a number of exceptions.

Section 9 of the Offences Against the Person Act 1861 provides that if a subject of Her Majesty commits murder or manslaughter outside the UK, regardless of the nationality of the victim, he can be tried in the English courts. Section 10 provides that if a person is fatally injured outside England but dies in England, or
 
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vice versa, any offences associated with the death can be tried in the English courts. Although section 10 does not expressly limit its application to British subjects such a limitation has been implied in decided cases. These offences carry a maximum sentence of life imprisonment.

Under section 134 of the Criminal Justice Act 1988 the offence of torture can be tried by the English courts, regardless of the nationality of the offender and where the acts took place. The offence carries a maximum sentence of life imprisonment.

Section 51 of the International Criminal Court Act 2001 makes genocide, crimes against humanity and war crimes offences under the law of England and Wales. The offence applies to acts in England and Wales, and to acts outside the UK by a UK national, a UK resident or a person subject to UK service jurisdiction. The maximum penalty is 30 years' imprisonment, unless the offence is the commission of murder, or an offence ancillary to murder, in which case the penalty is as for murder (life imprisonment) or, as the case may be, the penalty for the ancillary offence.

The Geneva Conventions Act 1957 makes it an offence under UK law for any person, whatever his nationality and whether in or outside the UK to commit,
 
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aid, abet or procure a grave breach of any of the Conventions in the Schedules to the Act or the First Protocol (as set in Schedule five to the Act). The maximum penalty is 30 years' imprisonment, unless the offence is the commission of murder in which case the penalty is as for murder (life imprisonment).

Under section 3 of the Explosive Substances Act 1883 (once it has been amended by the Terrorism Bill) it will be an offence to carry out certain acts preparatory to causing an explosion anywhere in the world. The preparatory acts must take place in the UK, a dependency or, in the case of a person who is a citizen of the UK and colonies, elsewhere. The maximum penalty is life imprisonment.

It is an element of the offences of high treason to levy war against the Queen in her realm or to be an adherent of the Queen's enemies in her realm giving them aid or comfort in the realm or elsewhere. To levy war against Her Majesty is also an element of treason felony.

Enemies are subjects of all states against which Her Majesty has declared or proclaimed war, and the subjects of all states with which there are hostilities, whether or not war has been declared.

Alien friends can be convicted of treason but alien enemies cannot. An alien who is resident within British territory owes allegiance to the Crown and can be liable for treason. An alien who has been resident but has left can be guilty of treason if he still enjoys the protection of the Crown, for example, by continuing to hold a passport. The maximum penalty is life imprisonment.

Sections 63A to 63D of the Terrorism Act 2000 make provision in relation to extra-territorial application of terrorist offences.

Under section 63A, if a UK national or a UK resident does anything outside the UK which, if it had been done in the UK, would have been an offence under section 54 (weapons training) (section 54 will be removed from section 63A by the Terrorism Bill) or 56 to 61 (directing terrorist organisation, possession for terrorist purposes, collection of information and inciting terrorism overseas) he shall be guilty of that offence in the UK.

The penalties are as follows:

Under section 63B, if a UK national or UK resident does anything outside the UK as an act of terrorism or for the purposes of terrorism which, if it had been done in the UK would have amounted to one of the offences in section 63B(2), he shall be guilty of that offence. The penalty is the penalty for the offence, listed in section 63B(2), of which the person is convicted.

Under section 63C, if any person does anything outside the UK, as an act of terrorism or for the purposes of terrorism, to, or in relation to, a UK national, a UK resident or a protected person (as defined in section 63C(3)) and his action, if done in the UK would have constituted one of the offences in
 
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section 63C(2), he shall be guilty of that offence. The penalty is the penalty for the offence, listed in section 63C(2), of which he is convicted.

Section 63D relates to attacks on UK diplomatic and other premises. Under section 63D(1), if any person (1) does anything outside the UK, as an act of terrorism or for the purposes of terrorism; (2) his action is done in connection with an attack on relevant premises or a vehicle ordinarily used by protected persons; (3) the attack is made when a protected person is on or in the premises or vehicle; and (4) his action, if done in the UK, would amount to one of the offences listed in section 63D(2), he shall be guilty of that offence. The penalty is the penalty for the offence, listed in section 63D(2), of which he is convicted.

Under section 63D(3), if any person (1) does anything outside the UK, as an act of terrorism or for the purposes of terrorism; (2) his action consists of a threat of an attack on relevant premises or a vehicle ordinarily used by protected persons; (3) the attack is threatened to be made when a protected person is, or is likely to be, on or in the premises or vehicle; and (4) his action, if done in the UK, would amount to one of the offences listed in section 63D(4), he shall be guilty of that offence. The penalty is the penalty for the offence, listed in section 63D(4), of which the person is convicted.

The United Nations Personnel Act 1997 creates various offences of doing things against UN workers and vehicles.

Section 1 provides that if any person, outside the UK, commit any of the offences listed in subsection (2), to or in relation to a UN worker, he is guilty of that offence in the UK. Those offences are murder, manslaughter, culpable homicide, rape, assault causing injury, kidnapping, abduction, false imprisonment, the offences under sections 18, 20 to 24, 28, 29, 30 and 47 of the Offences Against the Person Act 1861, and section two of the Explosive Substances Act 1883. The penalty is the penalty for the offence, listed in section 1(2), of which the person is convicted.

Section 2 outlaws attacks on UN premises and vehicles. A person will be guilty of the offences under section two of the Explosive Substances Act 1883, section one of the Criminal Damage Act 1971, article 3 of the Criminal Damage (Nl) Order 1977 or wilful fire-raising. The penalty is the penalty for the offence, listed in section 2(2), of which he is convicted.

Section 3 outlaws threats of attacks on UN workers. The penalty is a term not exceeding 10 years and not exceeding the penalty for the offence threatened.

A UN worker is defined in section four. It includes those deployed as part of the military component of a UN operation. UN operation does not include action authorised by the Security Council as an enforcement action under Chapter VII of the UN Charter, in which UN workers are engaged as combatants against organised armed forces and to which the law of international armed conflict applies.

Under section 4 of the Foreign Enlistment Act 1870 it is an offence for a British subject to enlist in the service of a foreign state which is at war with another foreign state which is a friendly state". The maximum penalty is two years' imprisonment.
 
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As noted previously, Section 63A of the Terrorism Act extends the jurisdiction of Section 54 of that Act which relates to weapons training. The Terrorism Bill will remove section 54 from section 63A and provide instead that any person who does an act outside the UK which, if committed within the UK, would amount to an offence under section 54 shall be guilty of that offence. The Terrorism Bill creates further offences of training for terrorism (maximum penalty on indictment of ten years' imprisonment, a fine or both) and attendance at a place used for terrorist training (maximum penalty on indictment of ten years' imprisonment, a fine or both). In either case the nationality of the offender is not material. A person can be liable for action occurring outside the UK in both cases, but in relation to the offence of training for terrorism the extension of jurisdiction is limited to offences committed by reference to the commission, preparation or instigation of Convention offences (as defined in Schedule one to the Bill).


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