Protection from Harassment Act 1997

House of Lords written question – answered at on 12 October 2011.

Alert me about debates like this

Photo of Baroness Howe of Idlicote Baroness Howe of Idlicote Crossbench

To ask Her Majesty's Government how many persons were sentenced to more than 12 months' imprisonment for breach of a restraining order under the Protection from Harassment Act 1997 in each of the past five years.

To ask Her Majesty's Government how many persons were sentenced to more than 12 months' imprisonment under Section 4 of the Protection from Harassment Act 1997 for putting a person under fear of violence in each of the past five years.

Photo of Lord McNally Lord McNally Deputy Leader of the House of Lords, The Minister of State, Ministry of Justice, Liberal Democrat Leader in the House of Lords

The number of persons sentenced to a custodial sentence length of more than 12 months in England and Wales under Section 4 (putting people in fear of violence) and for a breach of a restraining order imposed under Section 5 of the Protection from Harassment Act 1997, for the years 2006 to 2010 (latest available), can be viewed in the table below.

Court proceedings data for 2011 are planned for publication in the spring of 2012.

The number of persons sentenced to immediate custody, and custodial sentence length, under Sections 4, and 5, of the Protection from Harassment Act 1997(1) for the offences of putting people in fear of violence, breach of a restraining order, in England and Wales 2006 to 2010(2)(3)
Statute/Offence description 2006 2007 2008(4) 2009 2010
Section 4 of the Protection from Harassment Act 1997
Putting people in fear of violence
Immediate custody 160 140 170 170 149
Immediate custodial sentence length
under 3 months and up to 12 months 130 112 135 148 128
over 12 months 30 28 35 22 21
Section 5 of the Protection from Harassment Act 1997
Breach of a restraining order
Immediate custody 308 269 260 457 904
Immediate custodial sentence length(5)
under 3 months and up to 12 months 286 249 252 430 863
over 12 months 22 20 8 27 41

(1) The following statutes were used for the corresponding offence: Section 4

Putting people in fear of violence

Protection from Harassment Act 1997, S.4

Racially aggravated putting people in fear of violence

Protection from Harassment Act 1997, S.4 as amended by Crime and Disorder Act 1998 S.32(1)(b) & (4)

Religiously aggravated putting people in fear of violence

Protection from Harassment Act 1997, S.4 as amended by Crime and Disorder Act 1998 S.32(1)(b) & (3)

Racially or religiously aggravated putting people in fear of violence

Protection from Harassment Act 1997, S.4 as amended by Crime and Disorder Act 1998 S.32(1)(b) & (3)

Section 5

Breach of a Restraining Order

Protection from Harassment Act 1997, S.5

(2) 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.

(3) 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.

(4) Excludes data for Cardiff magistrates' court for April, July and August 2008

Source: Justice Statistics Analytical Services, Ministry of Justice.

Ref: PO HL12048 & HL1 2049 (Table)

Does this answer the above question?

Yes0 people think so

No0 people think not

Would you like to ask a question like this yourself? Use our Freedom of Information site.