Court Orders

Attorney General written question – answered on 20th February 2018.

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Photo of Diana R. Johnson Diana R. Johnson Labour, Kingston upon Hull North

To ask the Attorney General, how many times the Crown Prosecution Service logged concerns about alleged breaches of (a) Anti-Social Behaviour Orders on Conviction, (b) other Anti-Social Behaviour Orders and (c) Criminal Behaviour Orders on its case management system in each year from 2004-05; how many of those cases led to a (i) prosecution and (ii) conviction; and how many of those convictions resulted in a maximum tariff custodial sentence for the respective order.

Photo of Robert Buckland Robert Buckland The Solicitor-General

The Crown Prosecution Service (CPS) does not maintain a central record of the number of concerns logged on its Case Management System (CMS) about alleged breaches of Anti-Social Behaviour or Criminal Behaviour Orders.

While no central record is collated showing the number of concerns logged about compliance with court orders, a central record of the number of breaches of Criminal Behaviour Orders and Anti-Social Behaviour Orders prosecuted at magistrates’ courts is held.

A breach of a Criminal Behaviour Order is prosecuted by way of Section 30 of the Anti-social Behaviour, Crime and Policing Act 2014, while breaches of an Anti-Social Behaviour Order or interim Anti-Social Behaviour Order were prosecuted by way of Section 1(10)/Section 1D and 1(10) of the Crime and Disorder Act 1998.

The table below shows the volumes of these breach offences, in which a prosecution commenced, in each year since 2004-05.

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Anti-social Behaviour, Crime and Policing Act 2014 { 30(1) and (2) } (Breach of a CBO)

Crime and Disorder Act 1998 { 1(10) } (Breach of an ASBO)

Crime and Disorder Act 1998 { 1D and 1(10) } (Breach of an interim ASBO)

2004-2005

0

8,508

0

2005-2006

0

13,536

108

2006-2007

0

13,659

374

2007-2008

0

12,998

487

2008-2009

0

11,413

455

2009-2010

0

10,558

411

2010-2011

0

9,739

501

2011-2012

0

8,439

287

2012-2013

0

7,575

212

2013-2014

0

7,201

278

2014-2015

137

6,913

193

2015-2016

2,144

4,480

79

2016-2017

4,323

1,925

11

Data Source: CPS Management Information System

There is no indication of the number of individual defendants prosecuted for these offences or the final outcome of the prosecution proceeding or if the charged offence was the substantive charge at the time of finalisation. It is often the case that defendants will be prosecuted for more than one offence in the same set of proceedings.

The official statistics relating to sentencing on conviction, including whether a term of imprisonment was imposed, are maintained by the Ministry of Justice

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