House of Commons Hansard Written Answers for 22 Mar 2011 (pt 0004)

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Police force area/outcome	2004	2005	2006	2007	2008 ⁽⁵⁾	2009
Avon and Somerset
Found guilty	2,457	2,379	2,170	2,242	1,966	1,850
Sentenced⁽⁶⁾	2,457	2,382	2,174	2,245	1,965	1,850
Of which:
Immediate custody	70	54	68	42	44	28
Other sentence⁽⁷⁾	2,387	2,328	2,106	2,203	1,921	1,822

Bedfordshire
Found guilty	986	969	1,060	963	805	716
Sentenced⁽⁶⁾	987	969	1,061	963	806	719
Of which:
Immediate custody	45	55	26	21	10	23
Other sentence⁽⁷⁾	942	914	1,035	942	796	696

Cambridgeshire
Found guilty	994	1,088	1,150	1,150	1,021	871
Sentenced⁽⁶⁾	993	1,089	1,150	1,150	1,023	873

22 Mar 2011 : Column 985W

22 Mar 2011 : Column 986W

Of which:
Immediate custody	18	27	27	26	40	26
Other sentence⁽⁷⁾	975	1,062	1,123	1,124	983	847

Cheshire
Found guilty	1,933	1,542	1,655	1,662	1,487	1,501
Sentenced⁽⁶⁾	1,934	1,541	1,654	1,663	1,489	1,500
Of which:
Immediate custody	55	59	45	37	31	30
Other sentence⁽⁷⁾	1,879	1,482	1,609	1,626	1,458	1,470

City of London
Found guilty	148	165	158	177	120	95
Sentenced⁽⁶⁾	148	166	158	177	120	95
Of which:
Immediate custody	4	2	1	4	0	1
Other sentence⁽⁷⁾	144	164	157	173	120	94

Cleveland
Found guilty	915	838	907	865	920	826
Sentenced⁽⁶⁾	915	838	909	864	918	824
Of which:
Immediate custody	21	20	12	20	19	14
Other sentence⁽⁷⁾	894	818	897	844	899	810

Cumbria
Found guilty	799	749	768	772	690	614
Sentenced⁽⁶⁾	800	749	769	772	691	613
Of which:
Immediate custody	19	25	12	22	23	20
Other sentence⁽⁷⁾	781	724	757	750	668	593

Derbyshire
Found guilty	1,660	1,468	1,396	1,316	1,118	1,076
Sentenced⁽⁶⁾	1,659	1,471	1,398	1,317	1,121	1,077
Of which:
Immediate custody	72	64	61	60	45	24
Other sentence⁽⁷⁾	1,587	1,407	1,337	1,257	1,076	1,053

Devon and Cornwall
Found guilty	2,341	2,299	2,199	2,140	2,054	1,911
Sentenced⁽⁶⁾	2,340	2,300	2,203	2,140	2,056	1,912
Of which:
Immediate custody	52	65	50	20	29	19
Other sentence⁽⁷⁾	2,288	2,235	2,153	2,120	2,027	1,893

Dorset
Found guilty	1,119	1,093	1,069	1,109	986	848
Sentenced⁽⁶⁾	1,119	1,092	1,070	1,108	988	849
Of which:
Immediate custody	24	23	14	14	13	7
Other sentence⁽⁷⁾	1,095	1,069	1,056	1,094	975	842

Durham
Found guilty	1,105	1,034	900	933	809	793
Sentenced⁽⁶⁾	1,105	1,034	899	932	809	794
Of which:
Immediate custody	37	27	14	23	11	10
Other sentence⁽⁷⁾	1,068	1007	885	909	798	784

22 Mar 2011 : Column 987W

22 Mar 2011 : Column 988W

Essex
Found guilty	2,598	2,354	2,472	2,353	2,226	2,332
Sentenced⁽⁶⁾	2,597	2,354	2,472	2,356	2,232	2,333
Of which:
Immediate custody	210	165	112	101	83	68
Other sentence⁽⁷⁾	2,387	2,189	2,360	2,255	2,149	2,265

Gloucestershire
Found guilty	842	762	769	686	741	718
Sentenced⁽⁶⁾	841	762	769	685	741	718
Of which:
Immediate custody	14	11	16	11	9	10
Other sentence⁽⁷⁾	827	751	753	674	732	708

Greater Manchester
Found guilty	4,178	4,130	4,074	4,051	3,524	3,412
Sentenced⁽⁶⁾	4,178	4,131	4,079	4,054	3,523	3,419
Of which:
Immediate custody	191	171	122	123	82	78
Other sentence⁽⁷⁾	3,987	3,960	3,957	3,931	3,441	3,341

Hampshire
Found guilty	3,431	3,099	2,674	2,765	2,527	2,280
Sentenced⁽⁶⁾	3,432	3,103	2,678	2,768	2,529	2,282
Of which:
Immediate custody	95	105	71	76	63	39
Other sentence⁽⁷⁾	3,337	2,998	2,607	2,692	2,466	2,243

Hertfordshire
Found guilty	1,736	1,685	1,692	1,703	1,503	1,525
Sentenced⁽⁶⁾	1,738	1,685	1,693	1,704	1,502	1,526
Of which:
Immediate custody	38	42	24	28	28	9
Other sentence⁽⁷⁾	1,700	1,643	1,669	1,676	1,474	1,517

Humberside
Found guilty	1,424	1,397	1,367	915	497	1,058
Sentenced⁽⁶⁾	1,425	1,398	1,367	915	496	1,062
Of which:
Immediate custody	47	63	44	45	40	36
Other sentence⁽⁷⁾	1,378	1,335	1,323	870	456	1,026

Kent
Found guilty	2,746	2,611	2,542	2,569	2,293	2,050
Sentenced⁽⁶⁾	2,746	2,611	2,544	2,569	2,292	2,049
Of which:
Immediate custody	74	76	74	48	44	33
Other sentence⁽⁷⁾	2,672	2,535	2,470	2,521	2,248	2,016

Lancashire
Found guilty	2,427	2,432	2,503	2,439	2,265	2,079
Sentenced⁽⁶⁾	2,427	2,433	2,504	2,439	2,265	2,081
Of which:
Immediate custody	57	61	52	31	34	29
Other sentence⁽⁷⁾	2,370	2,372	2,452	2,408	2,231	2,052

Leicestershire
Found guilty	1,546	1,458	1,352	1,384	1,172	1,116
Sentenced⁽⁶⁾	1,547	1,458	1,354	1,383	1,172	1,117

22 Mar 2011 : Column 989W

22 Mar 2011 : Column 990W

Of which:
Immediate custody	60	67	54	33	34	29
Other sentence⁽⁷⁾	1,487	1,391	1,300	1,350	1,138	1,088

Lincolnshire
Found guilty	1,104	1,072	1,132	1,136	1,087	955
Sentenced⁽⁶⁾	1,104	1,072	1,133	1,135	1,089	955
Of which:
Immediate custody	24	18	24	26	29	19
Other sentence⁽⁷⁾	1,080	1,054	1,109	1,109	1,060	936

Merseyside
Found guilty	2,485	2,572	2,414	2,269	1,838	1,771
Sentenced⁽⁶⁾	2,484	2,573	2,414	2,269	1,841	1,775
Of which:
Immediate custody	129	129	106	76	43	28
Other sentence⁽⁷⁾	2,355	2,444	2,308	2,193	1,798	1,747

Metr opolitan Police
Found guilty	11,892	11,760	12,023	11,317	10,587	9,933
Sentenced⁽⁶⁾	11,896	11,763	12,025	11,318	10,588	9,934
Of which:
Immediate custody	507	470	398	314	307	275
Other sentence⁽⁷⁾	11,389	11,293	11,627	11,004	10,281	9,659

Norfolk
Found guilty	1,105	1,141	1,241	1,119	988	867
Sentenced⁽⁶⁾	1,106	1,141	1,241	1,120	988	869
Of which:
Immediate custody	37	26	23	36	19	10
Other sentence⁽⁷⁾	1,069	1,115	1,218	1,084	969	859

North Yorkshire
Found guilty	1,025	1,143	1,121	1,094	1,029	1,059
Sentenced⁽⁶⁾	1,024	1,142	1,121	1,093	1,031	1,058
Of which:
Immediate custody	13	21	15	13	17	21
Other sentence⁽⁷⁾	1,011	1,121	1,106	1,080	1,014	1,037

Northamptonshire
Found guilty	844	764	919	807	894	854
Sentenced⁽⁶⁾	844	764	919	809	894	854
Of which:
Immediate custody	33	30	46	56	39	50
Other sentence⁽⁷⁾	811	734	873	753	855	804

Northumbria
Found guilty	2,346	2,266	2,262	2,213	2,101	1,928
Sentenced⁽⁶⁾	2,348	2,265	2,262	2,215	2,100	1,930
Of which:
Immediate custody	84	38	26	32	29	22
Other sentence⁽⁷⁾	2,264	2,227	2,236	2,183	2,071	1,908

Nottinghamshire
Found guilty	1,467	1,454	1,531	1,400	1,406	1,376
Sentenced⁽⁶⁾	1,467	1,456	1,530	1,402	1,407	1,373
Of which:
Immediate custody	48	52	45	33	31	35
Other sentence⁽⁷⁾	1,419	1,404	1,485	1,369	1,376	1,338

22 Mar 2011 : Column 991W

22 Mar 2011 : Column 992W

South Yorkshire
Found guilty	1,955	1,985	1,785	1,851	1,772	1,734
Sentenced⁽⁶⁾	1,956	1,988	1,785	1,849	1,773	1,735
Of which:
Immediate custody	51	56	45	56	61	47
Other sentence⁽⁷⁾	1,905	1,932	1,740	1,793	1,712	1,688

Staffordshire
Found guilty	1,533	1,511	1,450	1,520	1,460	1,373
Sentenced⁽⁶⁾	1,527	1,510	1,446	1,518	1,461	1,374
Of which:
Immediate custody	58	49	37	33	28	34
Other sentence⁽⁷⁾	1,469	1,461	1,409	1,485	1,433	1,340

Suffolk
Found guilty	1,186	997	1,064	963	833	800
Sentenced⁽⁶⁾	1,186	996	1,063	963	833	800
Of which:
Immediate custody	45	29	28	26	17	20
Other sentence⁽⁷⁾	1,141	967	1,035	937	816	780

Surrey
Found guilty	1,368	1,380	1,312	1,394	1,273	1,194
Sentenced⁽⁶⁾	1,369	1,383	1,312	1,394	1,274	1,195
Of which:
Immediate custody	25	24	24	18	23	15
Other sentence⁽⁷⁾	1,344	1,359	1,288	1,376	1,251	1,180

Sussex
Found guilty	2,295	2,157	2,273	2,279	2,030	1,769
Sentenced⁽⁶⁾	2,295	2,157	2,273	2,279	2,029	1,772
Of which:
Immediate custody	46	48	35	49	43	37
Other sentence⁽⁷⁾	2,249	2,109	2,238	2,230	1,986	1,735

Thames Valley
Found guilty	3,282	3,211	3,161	3,102	2,763	2,323
Sentenced⁽⁶⁾	3,283	3,211	3,163	3,101	2,762	2,326
Of which:
Immediate custody	94	96	85	70	91	58
Other sentence⁽⁷⁾	3,189	3,115	3,078	3,031	2,671	2,268

Warwickshire
Found guilty	789	807	829	913	758	788
Sentenced⁽⁶⁾	789	807	829	914	759	788
Of which:
Immediate custody	11	9	11	12	9	13
Other sentence⁽⁷⁾	778	798	818	902	750	775

West Mercia
Found guilty	1,616	1,739	1,821	1,708	1,561	1,473
Sentenced⁽⁶⁾	1,617	1,740	1,816	1,700	1,545	1,471
Of which:
Immediate custody	51	54	45	32	32	23
Other sentence⁽⁷⁾	1,566	1,686	1,771	1,668	1,513	1,448

West Midlands
Found guilty	4,948	5,080	5,030	4,994	4,197	3,975
Sentenced⁽⁶⁾	4,947	5,082	5,036	4,995	4,202	3,980

22 Mar 2011 : Column 993W

22 Mar 2011 : Column 994W

Of which:
Immediate custody	213	154	137	146	142	140
Other sentence⁽⁷⁾	4,734	4,928	4,899	4,849	4,060	3,840

West Yorkshire
Found guilty	3,458	3,495	3,266	3,131	2,824	2,666
Sentenced⁽⁶⁾	3,458	3,495	3,267	3,134	2,824	2,668
Of which:
Immediate custody	125	80	67	60	64	56
Other sentence⁽⁷⁾	3,333	3,415	3,200	3,074	2,760	2,612

Wiltshire
Found guilty	903	919	899	741	630	559
Sentenced⁽⁶⁾	903	917	899	742	630	559
Of which:
Immediate custody	14	15	8	6	6	3
Other sentence⁽⁷⁾	889	902	891	736	624	556

Dyfed-Powys
Found guilty	873	837	829	814	728	632
Sentenced⁽⁶⁾	872	837	828	814	729	632
Of which:
Immediate custody	18	17	13	10	14	9
Other sentence⁽⁷⁾	854	820	815	804	715	623

Gwent
Found guilty	1,057	999	1,070	990	909	786
Sentenced⁽⁶⁾	1,056	998	1,069	990	910	786
Of which:
Immediate custody	27	38	32	28	32	19
Other sentence⁽⁷⁾	1,029	960	1,037	962	878	767

North Wales
Found guilty	1,189	1,207	1,226	1,194	1,021	996
Sentenced⁽⁶⁾	1,190	1,208	1,224	1,193	1,017	995
Of which:
Immediate custody	32	33	31	18	21	21
Other sentence⁽⁷⁾	1,158	1,175	1,193	1,175	996	974

South Wales ⁽⁵⁾
Found guilty	2,492	2,492	2,440	2,334	1,742	2,038
Sentenced⁽⁶⁾	2,493	2,491	2,440	2,336	1,743	2,038
Of which:
Immediate custody	95	86	75	66	50	59
Other sentence⁽⁷⁾	2,398	2,405	2,365	2,270	1,693	1,979

England and Wales ⁽⁴⁾
Found guilty	86,597	84,540	83,975	81,477	73,155	69,520
Sentenced⁽⁵⁾	86,602	84,562	84,000	81,487	73,167	69,560
Of which
Immediate custody	2,983	2,754	2,255	2,001	1,829	1,547

22 Mar 2011 : Column 995W

22 Mar 2011 : Column 996W

Other sentence⁽⁶⁾	83,619	81,808	81,745	79,486	71,338	68,013
⁽¹⁾ The figures given in the table on court proceedings 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 it 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 corresponding offence descriptions, statutes and sections of said statutes: Driving or attempting to drive a motor vehicle whilst unfit through drink or drugs (impairment), s.4(1) Driving or attempting to drive a motor vehicle while having a breath, urine or blood alcohol concentration in excess of the prescribed limit, s.5(1)(a) Failing without reasonable excuse to provide a specimen for a laboratory test or two specimens for analysis of breath if at the relevant time driving or attempting to drive a motor vehicle, s.7(6) Being in charge of a motor vehicle while unfit through drink or drugs (impairment), s.4(2) Being in charge of a motor vehicle while having a breath, urine or blood alcohol concentration in excess of the prescribed limit, s.5(1)(b) Being in charge of a motor vehicle and failing to provide a specimen for a laboratory test or two specimens for analysis of breath if at the relevant time driving or attempting to drive a motor vehicle, s.7(6) Failing without reasonable excuse to provide a specimen of breath for a preliminary test, s.6(6) Failing to allow specimen of blood to be subjected to laboratory test, s.7A, s.56, s.31A, s.52 Driving or attempting to drive a motor vehicle whilst unfit through drink or drugs (impairment)—drink, s.4(2) Driving or attempting to drive a motor vehicle whilst unfit through drink or drugs (impairment)—drugs, s.4(1) Being in charge of a mechanically propelled vehicle whilst unfit to drive through drink or drugs (impairment)—drink, s.4(2) Being in charge of a mechanically propelled vehicle whilst unfit to drive through drink or drugs (impairment)—drugs, s.4(2) ⁽⁴⁾ Staffordshire police force were only able to submit sample data for persons proceeded against and convicted in the magistrates courts for the year 2000. Although sufficient to estimate higher orders of data, these data are not robust enough at a detailed level and have been excluded from the table. ⁽⁵⁾ Excludes data for Cardiff magistrates court for April, July and August 2008. ⁽⁶⁾ 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. ⁽⁷⁾ ^{( )}Includes: absolute/conditional discharge, fine, community sentence, fully suspended sentence, and otherwise dealt with. Source: Justice Statistics Analytical Services—Ministry of Justice

Employment and Support Allowance: Tribunals

Sheila Gilmore: To ask the Secretary of State for Justice how many tribunal (a) chairs and (b) members have been recruited by the Tribunal Service in Scotland since May 2010 for the purposes of (i) assisting in reducing the backlog of appeals against refusal of employment and support allowance and (ii) dealing with anticipated appeals which may arise from the transfer of claimants from incapacity benefit to employment and support allowance in the next two years. [47744]

Mr Djanogly: Appointments to the First-tier Tribunal are made by the Lord Chancellor, in consultation with the Lord President in Scotland, following an open competition which is the responsibility of the independent Judicial Appointments Commission (JAC). Tribunal judges and members may be asked to hear cases on a range of issues across the jurisdiction and are not limited to one benefit type.

Legally qualified tribunal judges and medically qualified tribunal members hear appeals on decisions made by the Department for Work and Pensions (DWP) on employment and support allowance and are appointed to the Social Security and Child Support jurisdiction of the Social Entitlement Chamber.

The 2010-11 recruitment exercise for fee-paid legally qualified tribunal members is currently under way. The original bid for Scotland was for 11 vacancies, increased to 18 to take into account increased intake. Appointments are expected in May. A Social Entitlement Chamber salaried tribunal judge exercise was launched 20 January 2011 including a bid for two judges for Scotland, one to replace planned retirement and one for an additional vacancy to assist in dealing with increased intake.

The 2010-11 medically qualified tribunal member recruitment exercise concluded in November 2010. In light of increased intake, the original bid for Scotland of 10 members was increased to 15, and 15 were appointed. A further medically qualified tribunal member exercise is scheduled to begin 23 March 2011; the Scotland region has bid for a further 10 members. At the same time, a new post of salaried medically qualified tribunal member will also be advertised to assist in, among other things, dealing with the additional demands resulting from expected increases in workload.

The Lord Chancellor also has the power to extend individual appointments for tribunal judges and members upon reaching the statutory retirement age of 70, up to 75 on annual basis. This has been exercised for members in Scotland with a supporting business case provided by the chamber in respect of 11 medically qualified tribunal members and three tribunal judges.

Where a particular region experiences a shortage of members, procedures exist for deploying members from neighbouring regions within the chamber with the consent of the regional tribunal judge.

Employment Tribunals Service: Trade Unions

Mr Raab: To ask the Secretary of State for Justice how many complaints of unjustifiable discipline by a trade union were (a) heard and (b) upheld by an employment tribunal in each year since 1996. [48261]

Mr Djanogly: An individual who thinks he or she has been unjustifiably disciplined by their trade union may, under certain circumstances, bring a claim to an employment tribunal. This is set out in sections 64-66 of the Trade Union and Labour Relations (Consolidation) Act 1992. It is also possible to bring a claim for unreasonable exclusion or expulsion from a union (under sections 174-75 of the 1992 Act).

Complaints under these jurisdictions are relatively rare. Using data held and collated centrally by the Tribunals Service, it is possible to identify claims made annually under these jurisdictions for the period 1996 to 2004. Table 1 sets out the relevant figures.

22 Mar 2011 : Column 997W

22 Mar 2011 : Column 998W

Table 1: Claims accepted, heard and ultimately successful under the trade union discipline jurisdictions, 1996 to 2004
	Year claim accepted	Successful at hearing	Unsuccessful at hearing	Dismissed at Preliminary Hearing	Default judgment, claimant successful	Total hearings
Unjustified discipline by a trade Union	1996	1	5	3	—	9
	1997	2	7	4	—	13
	1998	1	6	1	—	8
	1999	3	6	2	—	11
	2000	2	7	1	—	10
	2001	0	4	1	—	5
	2002	1	2	—	—	3
	2003	0	11	3	—	14
	2004	0	3	1	—	4
Total		10	51	16	—	77

Unreasonable expulsion or exclusion from trade union	1996	5	2	—	—	7
	1997	2	1	—	—	3
	1998	0	1	—	—	1
	1999	9	3	—	—	12
	2000	2	2	1	—	5
	2001	1	1	—	—	2
	2002	2	0	—	—	2
	2003	0	5	1	—	6
	2004	0	1	2	—	3
Total		21	16	4	—	41
Note: Rounding: Figures in the tables are rounded independently and thus may not add to totals. The following conventions have been used: Values less than 100 remain as unit values; Values from 100 to 999 are rounded to nearest 10; Values of 1,000 and over are rounded to the nearest 100. Source: ET Central database 2010.

In 2004, the way in which employment tribunals collated their management data was revised. As a result, data specifically in relation to these claims have not been recorded centrally. Instead, all such claims have been recorded as ones within a more generic group of trade union-related claims. Therefore, using the Tribunals Service’s centrally held data since 2005, it is only possible to show the claim volumes across this more generic group of claims. Table 2 sets out the data that the Tribunals Service holds in this regard.

Table 2: Claims heard and final outcome where those claims were about detriment relating to being, not being, or proposing to become a union member (some of which may include claims under the trade union discipline/exclusion jurisdictions), 2004 to 2010
	Year claim accepted	Successful at hearing	Unsuccessful at hearing	Dismissed at Preliminary Hearing	Default judgment, claimant successful	Total hearings
Suffer a detriment and/or dismissal relating to being not being or proposing to become a member of a trade union	2004	5	9	—	—	14
	2005	350	64	11	1	430
	2006	21	52	11	—	84
	2007	69	44	14	2	130
	2008	18	62	9	—	89
	2009	17	43	10	2	72
	2010	8	18	7	2	35

22 Mar 2011 : Column 999W

22 Mar 2011 : Column 1000W

Total		490	290	62	7	850
Note: Rounding: Figures in the tables are rounded independently and thus may not add to totals. The following conventions have been used: Values less than 100 remain as unit values; Values from 100 to 999 are rounded to nearest 10; Values of 1,000 and over are rounded to the nearest 100. Source: ET Central database 2011.

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