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24 Apr 2009 : Column 957W—continued

Cities

Mrs. Spelman: To ask the Secretary of State for Justice when the next round of applications by local authorities for city status is planned to take place. [270259]

Mr. Wills: There are no current plans to make further grants of city status in the near future. It is for Her Majesty the Queen to decide when a grant of city status should be made.

Constituencies

Mr. Maude: To ask the Secretary of State for Justice pursuant to the answer to the hon. Member for Meriden (Mrs. Spelman) of 23 February 2009, Official Report, columns 341-2W, on constituencies, if he will make it his policy for the independent review of legislation in relation to parliamentary boundary reviews to commence in the 2005 Parliament. [270169]

Mr. Wills: It remains our intention that the current legislation in relation to the conduct of parliamentary boundary reviews will be the subject of an independent review. The arrangements for the conduct and timing of the review are still under consideration.


24 Apr 2009 : Column 958W

Debt Collection

Mrs. Spelman: To ask the Secretary of State for Justice what recent guidance HM Courts Service has issued to bailiffs on (a) accepting payment by (i) cheque and (ii) credit card and (b) the seizure of goods in circumstances where debtors cannot make immediate payment. [269971]

Bridget Prentice: No specific guidance has been issued to bailiffs. However, in January 2009 HM Courts Service issued guidance to county courts in the South East region on taking payments by credit and debit card. Guidance has only been issued in the South East region as other regions do not yet have the ability to take payments by credit or debit card in the county courts. No guidance has been issued on accepting payment by cheque.

A copy of HMCS’s County Court Guide—Implementing credit/debit card payment facilities in the county courts has been placed in the Libraries of the House.

The only recent guidance to bailiffs on seizure of goods is contained in the Domestic Violence Crime and Victims Act 2004 guidance. A copy of the redacted guidance was laid in the Libraries of the House in January 2009.

Mrs. Spelman: To ask the Secretary of State for Justice what records are held by which public bodies of the (a) dates and (b) reasons that powers of forced entry are utilised by bailiffs. [269972]

Bridget Prentice: Her Majesty's Revenue and Customs hold infrequent requests, dating back 20 years, from local offices for authority to make an application to the magistrates court to force entry. There have been no instances where Her Majesty's Revenue and Customs have used the power. Since the introduction of the Domestic Violence, Crime and Victims Act 2004 records held by Her Majesty's Court Service show that the power to force entry has been used by magistrates court civilian enforcement officers 386 times. The power to force entry has been used by private bailiffs contracted to Her Majesty's Court Service on two occasions. Her Majesty's Court Service does not hold the information requested centrally and it would require extensive manual intervention to retrieve from individual court records. It would take disproportionate time and cost to gather this information.

Mrs. Spelman: To ask the Secretary of State for Justice when the National Standards for Enforcement Agents were last revised. [269973]

Bridget Prentice: The National Standards for Enforcement Agents were revised in May 2002.

Mrs. Spelman: To ask the Secretary of State for Justice pursuant to the answer to Lord Lucas of 29 January 2009, Official Report, House of Lords, column WA69, on bailiffs, if he will place in the Library a copy of the instructions provided to in-house civilian enforcement and private bailiff companies. [270075]


24 Apr 2009 : Column 959W

Bridget Prentice: The instructions referred to in the answer provided are contained in the document entitled Her Majesty’s Court Service (Domestic Violence, Crime and Victims Act 2004) Guidance to Civilian Enforcement Officers and Approved Enforcement Agents. A redacted copy of this guidance was placed in the Library of the House in January 2009.

Mrs. Spelman: To ask the Secretary of State for Justice pursuant to the answer to Lord Lucas of 9 March 2009, Official Report, House of Lords, column WA194, on bailiffs, on how many of the 386 occasions forced entry powers were used by bailiffs in each local authority area; and what type of fine or penalty was being collected in each case. [270076]

Bridget Prentice: Her Majesty’s Courts Service does not hold the information requested centrally and it would require extensive manual intervention to retrieve from individual court records. It would take disproportionate time and cost to gather this information.

Mrs. Spelman: To ask the Secretary of State for Justice pursuant to the answer of 27 February 2009, Official Report, column 1155W, on debt collection, what sections were redacted on health and safety grounds from his Department's guidance on the use of bailiffs' powers of forced entry under the Domestic Violence, Crime and Victims Act 2004. [270141]

Bridget Prentice: The redacted sections refer to the process of executing warrants and forcing entry. The Government consider that releasing the redacted parts of the guidance to civilian enforcement officers would not be in the public interest and may compromise the health and safety of HMCS staff, to whom it owes a duty of care. A copy of the redacted guidance was laid in the Library of the House in January 2009.

Mrs. Spelman: To ask the Secretary of State for Justice pursuant to the answer of 27 February 2009, Official Report, column 1155W, on debt collection, what guidance HM Courts Service has issued on the use of bailiffs' powers of peaceful entry. [270142]

Bridget Prentice: Only one set of guidance has been published by my Department, and its predecessor, on the use of civilian enforcement officers' and approved enforcement agents' powers of entry under the Domestic Violence, Crime and Victims Act 2004, a redacted copy of which was laid in the Library of the House in January 2009.

Mrs. Spelman: To ask the Secretary of State for Justice pursuant to the written ministerial statement of 17 March 2009, Official Report, columns 46-47WS, on bailiff and enforcement law, if he will bring forward proposals to repeal the primary legislation which allows for the extension of bailiffs' powers of entry and the use of force by enforcement agents. [270188]

Bridget Prentice: There are no proposals to repeal the primary legislation that allows for the extension of bailiffs' powers of entry and the use of force by enforcement agents.


24 Apr 2009 : Column 960W

Firearms: Sentencing

Chris Grayling: To ask the Secretary of State for Justice how many people aged (a) 21 years or more and (b) under 21 years have been convicted of possession of a firearm in each of the last five years; and what types of sentences have been imposed in such cases. [269257]

Mr. Straw: Information on the number of persons aged 21 and over and aged 10 to 20 years who have been found guilty and the sentence breakdown for possession of a gun in England and Wales 2003 to 2007 is contained in the following tables.

These data are on the principal offence basis. The figures given in the table on court proceedings relate to persons for whom these offences were the principal offence for which they were dealt with. When a defendant has been found guilty of two or more offences, the offence selected is the one for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.

Court proceedings data for 2008 will be available in the autumn of 2009.


24 Apr 2009 : Column 961W

24 Apr 2009 : Column 962W
Table 1: N umber of persons found guilty at all courts for offences relating to possession of a gun in England and Wales, by age group, 2003 to 2007( 1,)( )( 2,)( )( 3,)( )( 4,)( )( 5)
Age group

 10 to 20 21 and over

2003

391

787

2004

505

1,088

2005

628

1,407

2006

594

1,357

2007

695

1,427

(1) The statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences the principal offence is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.
(2) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.
(3) Includes the following statutes and offence descriptions:
Firearms Act, 1968 Sec 16 (Group I) as amended by the Criminal Justice Act 1972 S28(2).
Possession of firearm with intent to endanger life.
Firearms Act, 1968 Sec 16 (Group II) as amended by the Criminal Justice Act 1972 S28(2).
Possession of firearm with intent to endanger life.
Firearms Act, 1968 Sec 16 (Group III) as amended by the Criminal Justice Act 1972 S28(2).
Possession of firearm with intent to endanger life.
Firearms Act, 1968 Sec 17(2) (Group I) as amended by the Criminal Justice Act 1972 S28(3).
Possessing firearms or imitation fire arm at time of committing or being arrested for an offence specified in schedule 1 of the Act.
Firearms Act, 1968 Sec 17(2) (Group II) as amended by the Criminal Justice Act 1972 S28(3).
Possessing firearm or imitation firearm at time of committing or being arrested for an offence specified in schedule 1 of the Act.
Firearms Act, 1968 Sec 17(2) (Group III) as amended by the Criminal Justice Act 1972 S28(3).
Possessing firearm or imitation firearm at time of committing or being arrested for an offence specified in schedule 1 of the Act.
Firearms Act, 1968 Sec 18(1) (Group I) as amended by the Criminal Justice Act 1972 S28(3).
Possessing firearm or imitation firearm with intent to commit an indictable offence or resist arrest.
Firearms Act, 1968 Sec 18(1) (Group II) as amended by the Criminal Justice Act 1972 S28(3).
Possessing firearm or imitation firearm with intent to commit an indictable offence or resist arrest.
Firearms Act, 1968 Sec 18(1) (Group III) as amended by the Criminal Justice Act 1972 S28(3).
Possessing firearm or imitation firearm with intent to commit an indictable offence or resist arrest.
Firearms Act 1968 Sec 16A (as amended by Firearms (Amendment) Act 1994) Group I.
Possession of a firearm or imitation firearm with intent to cause fear of violence.
Firearms Act 1968 Sec 16A (as amended by Firearms (Amendment) Act 1994) (Group II).
Possession of a firearm or imitation firearm with intent to cause fear of violence.
Firearms Act 1968 Sec 16A (as amended by Firearms (Amendment) Act 1994) (Group III).
Possession of a firearm or imitation firearm with intent to cause fear of violence.
Firearms Act 1968 (Group I) Sec 1(1),as amended by Criminal Justice and Public Order Act 1994, Sec.157, Sch.8 part III.
Possessing etc firearm or ammunition without firearm certificate.
Firearms Act 1968, Sec 2(1) (Group II) as amended by Criminal Justice and Public Order Act 1994, Sec.157 Sch.8 part III.
Possessing etc shot gun without certificate.
Firearms Act, 1968 Sec 5(1) (Group I) as amended by Criminal Justice Act 2003 S.288.
Possessing or distributing prohibited weapons or ammunition.
Firearms Act, 1968 Sec 19 (Group I) as amended by the Anti-Social Behaviour Act 2003 S.37 (l)(a and c) and (2)
Carrying loaded firearm in public place etc.
Firearms Act, 1968 Sec 19 (Group II) as amended by the Anti-Social Behaviour Act 2003 S.37 (l) (a and c) and (2)
Carrying loaded firearm in public place etc.
Firearms Act, 1968 Sec 21(4) (Group I) as amended by Criminal Justice and Public Order Act 1994, Sec.157 Sch.8 part III.
Possession of firearms by persons previously convicted of crime.
Firearms Act, 1968 Sec 21(4) (Group II) as amended by Criminal Justice and Public Order Act 1994, Sec.157 Sch.8 part III.
Possession of firearms by persons previously convicted of crime.
Firearms Act, 1968 Sec 21(4) (Group III) as amended by Criminal Justice and Public Order Act 1994, Sec.157 Sch.8 part III.
Possession of firearms by persons previously convicted of crime.
Firearms Act 1968 Sec 5(1A)(a) (Group I) as amended by Criminal Justice Act 2003 Sec.288.
Possessing or distributing firearm disguised as other object.
Firearms Act 1968 Sec 5(1A) (b),(c),(d)(e),(f) or (g) as amended by Criminal Justice Act 2003 Sec.288.
Possessing or distributing other prohibited weapons.
Firearms Act, 1968 Sec 19 (Group III).
Carrying loaded firearm in public place etc.
Firearms Act, 1968 Sec 20(1) (Group III).
Trespassing with firearm in a building.
Firearms Act, 1968 Sec 20(2) (Group I).
Trespassing with firearm on land.
Firearms Act, 1968 Sec 20(2) (Group II).
Trespassing with firearm on land.
Firearms Act, 1968 Sec 20(2) (Group III).
Trespassing with firearm on land.
Firearms Act, 1968 Sec 22(1) (Group I).
Person under 17 purchasing or hiring firearm or ammunition.
Firearms Act, 1968 Sec 22(1) (Group II).
Person under 17 purchasing or hiring firearm or ammunition.
Firearms Act, 1968 Sec 22(1) (Group III).
Person under 17 purchasing or hiring firearm or ammunition.
Firearms Act, 1968 Sec 22(2) (Group I).
Person under 14 having firearm or ammunition in his possession.
Firearms Act, 1968 Sec 22(3) (Group II).
Person under 15 having with him a shot gun without adult supervision.
Firearms Act, 1968 Sec 22(4) (Group III).
Person under 14 having with him an air weapon or ammunition.
Firearms Act, 1968 Sec 22(5) (Group III).
Person under 17 having with him an air weapon in a public place.
(4) Some offences will cover those where a firearm or an imitation firearm were possessed. It is not possible to separately identify those that were a firearm from those that were imitation firearms as they are grouped together.
(5) The sentenced column may exceed those found guilty, as it may be the case that a defendant found guilty and committed for sentence at the crown court may be sentenced in the following year.
Source:
Evidence and Analysis Unit—Office for Criminal Justice Reform, Ministry of Justice

Table 2: N umber of persons sentenced at all courts for offences relating to possession of a gun in England and Wales, by age group and type of sentence, 2003 - 07
Age group/result 2003 2004 2005 2006 2007

Aged between 10 and 20

Sentenced

393

504

617

596

697

Absolute discharge

7

11

7

7

10

Conditional discharge

35

49

64

58

38

Fine

26

48

63

47

41

Community sentence

166

249

329

303

388

Fully suspended sentence

—

—

3

17

34

Immediate custody

152

139

146

157

176

Otherwise dealt with

7

8

5

7

10

Aged 21 and over

Sentenced

799

1,077

1,379

1,333

1,428

Absolute discharge

4

4

16

6

6

Conditional discharge

73

138

190

194

183

Fine

114

163

272

192

219

Community sentence

155

260

362

339

357

Fully suspended sentence

35

42

77

169

202

Immediate custody

402

452

437

412

438

Otherwise dealt with

16

18

25

21

23

Notes:
1. The statistics relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences the principal offence is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.
2. Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.
3. The sentenced column may exceed those found guilty, as it may be the case that a defendant found guilty and committed for sentence at the crown court may be sentenced in the following year.
Source:
(OMSAS)110-09
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