1-8 of 8 results for subject:Disqualification
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To ask the Secretary of State for Justice, with reference to the Autumn Statement 2023, published on 22 November 2023, whether the proposal to end access to legal aid for sanctioned Universal Credit claimants (a) relates to (i) criminal and (ii) civil legal aid and (b) would prevent those people...
To ask the Secretary of State for Justice, with reference to the Autumn Statement 2023, published on 22 November 2023, whether the proposal to end access to legal aid for sanctioned Universal Credit claimants (a) relates to (i) criminal and (ii) civil legal aid and (b) would prevent those people...
The DWP proposals on the Back to Work Plan will not remove access to legal aid for those Universal Credit (UC) claimants who may be sanctioned. Whilst anyone whose UC claim is closed would no longer be passported through the legal aid means test income assessment, the individual would remain eligible for civil or criminal legal aid, subject to the application of the full means assessment in the usual way. The additional provisions being built into DWP’s policy proposals will also mean that no vulnerable individual would face having their claim closed, thereby providing a further tier of protection for many legal aid user groups, such as the disabled and the homeless.
Over coming months, MoJ officials will be working closely with DWP officials as the policy develops.
To ask the Secretary of State for Justice, with reference to the Autumn Statement 2023, published on 22 November 2023, what assessment his Department has made of the potential impact of proposals to remove access to legal aid for Universal Credit claimants who have had an open-ended sanction for over...
To ask the Secretary of State for Justice, with reference to the Autumn Statement 2023, published on 22 November 2023, what assessment his Department has made of the potential impact of proposals to remove access to legal aid for Universal Credit claimants who have had an open-ended sanction for over...
The DWP proposals on the Back to Work Plan will not remove access to legal aid for those Universal Credit (UC) claimants who may be sanctioned. Whilst anyone whose UC claim is closed would no longer be passported through the legal aid means test income assessment, the individual would remain eligible for civil or criminal legal aid, subject to the application of the full means assessment in the usual way. The additional provisions being built into DWP’s policy proposals will also mean that no vulnerable individual would face having their claim closed, thereby providing a further tier of protection for many legal aid user groups, such as the disabled and the homeless.
Over coming months, MoJ officials will be working closely with DWP officials as the policy develops.
To ask the Secretary of State for Work and Pensions, when he plans to respond to the Work and Pensions Select Committee report, Benefit sanctions policy beyond the Oakley Review, HC 814, published on 24 March 2015.
To ask the Secretary of State for Work and Pensions, when he plans to respond to the Work and Pensions Select Committee report, Benefit sanctions policy beyond the Oakley Review, HC 814, published on 24 March 2015.
To ask the Secretary of State for Justice, how many and what proportion of drivers were disqualified from driving for drink-driving offences in each year since 2010; how many and what proportion of drivers have been disqualified from driving due to drink-driving offences; and what the average length of a...
To ask the Secretary of State for Justice, how many and what proportion of drivers were disqualified from driving for drink-driving offences in each year since 2010; how many and what proportion of drivers have been disqualified from driving due to drink-driving offences; and what the average length of a...
Driving offences can have very serious and sometimes devastating consequences for victims and their families. That is why the Government is reviewing driving offences and penalties
The number of people sentenced for drink driving offences, the number disqualified and the proportion disqualified from driving from 2010 to 2013 can be viewed in the table below.
| Offenders sentenced for drink-driving offences(1) and number and proportion disqualified from driving, England and Wales, 2010 to 2013(2)(3) | |||||||||
| 2010 | 2011 | 2012 | 2013 | ||||||
| Sentenced | 53,359 | 50,376 | 50,225 | 47,894 | |||||
| Disqualified(4) | 51,146 | 48,359 | 48,140 | 45,415 | |||||
| Proportion disqualified | 95.9% | 96.0% | 95.8% | 94.8% | |||||
| (1) Includes the following offences under the Road Traffic Act 1988: | |||||||||
| Driving or attempting to drive a mechanically propelled vehicle whilst unfit to drive through drink or drugs - Drink | |||||||||
| Being in charge of mechanically propelled vehicle whilst unfit to drive through drink or drugs - Drink | |||||||||
| Driving or attempting to drive a motor vehicle while having a breath, blood or urine alcohol concentration in excess of the prescribed limit | |||||||||
| In charge of a motor vehicle while having a breath, blood or urine alcohol concentration in excess of the prescribed limit | |||||||||
| Failing without reasonable excuse to provide a specimen of breath for a preliminary test | |||||||||
| Driving or attempting to drive a motor vehicle and failing to without a reasonable excuse provide a specimen for a laboratory test or 2 specimens for analysis of breath | |||||||||
| In charge of a motor vehicle and failing without reasonable excuse to provide a specimen for a laboratory test or two specimens for analysis of breath | |||||||||
| Failing to allow specimen of blood to be subjected to laboratory test: a) driving or attempting to drive, b) all other cases. | |||||||||
| (2) The figures given in the table 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) Includes those disqualified outright and excludes those only disqualified under the penalty points system (under section 35 of the Road Traffic Offenders Act 1988). | |||||||||
The Ministry of Justice Court Proceedings Database holds information on defendants proceeded against, found guilty and sentenced for criminal offences in England and Wales. This database holds information on offences provided by the statutes under which proceedings are brought but not the specific circumstances of each case. This centrally held information records the period of disqualification into one of thirteen bands. As the exact length of driving ban is not available, it is not possibly to identify the average length of a disqualification from driving. This detailed information may be held on the court record but due to the size and complexity is not reported centrally to the MOJ. As such, the information requested can be obtained only at disproportionate cost.
To ask the Secretary of State for Justice, with reference to his Department's press release of 6 May 2014, Justice for victims of banned drivers, when he plans to publish the new review of driving offences.
To ask the Secretary of State for Justice, with reference to his Department's press release of 6 May 2014, Justice for victims of banned drivers, when he plans to publish the new review of driving offences.
Driving offences can have very serious and sometimes devastating consequences for victims and their families. That is why the Government is reviewing driving offences and penalties.
The review is ongoing and is due to be completed by the spring of 2015, with a view to informing the next government of potential legislative changes in the next Parliament. The timing of any publication of the review’s findings and recommendations will be considered once the review is completed.
To ask the Secretary of State for Justice, how many people convicted of driving while disqualified were subsequently convicted of (a) committing further road offences, (b) causing serious injury and (c) causing death while driving in each year since 2010.
To ask the Secretary of State for Justice, how many people convicted of driving while disqualified were subsequently convicted of (a) committing further road offences, (b) causing serious injury and (c) causing death while driving in each year since 2010.
Driving offences can have very serious and sometimes devastating consequences for victims and their families. The Government is changing the law to increase maximum sentences for disqualified drivers who cause deaths and serious injuries and to make sure driving disqualifications continue after an offender leaves prison.
The Ministry of Justice Court Proceeding Database holds information on offences provided by the statute under which proceedings are brought but not all the specific circumstances of each case. Details on disqualification from driving are not available from the information provided centrally to the Ministry of Justice. This detailed information is not reported due to their size and complexity and as such, it can only be obtained at disproportionate cost.
The Ministry of Justice’s extract of the Police National Computer (PNC), which MoJ uses to publish official statistics on offenders’ criminal histories, only holds information on those offenders who were cautioned or convicted for recordable offences in England and Wales.
To get information on subsequent convictions whilst disqualified from driving would require a lengthy, manual data matching process between these two data sources which have no unique or common identifier for the offenders, which due to its size and complexity will incur disproportionate cost.
To ask the Secretary of State for Justice, how many convictions there have been for driving while disqualified in each year since 2010.
To ask the Secretary of State for Justice, how many convictions there have been for driving while disqualified in each year since 2010.
I have been asked to reply on behalf of the Ministry of Justice.
The Government takes driving offences extremely seriously and wants to ensure that we are doing everything we can to keep our roads safe. That is why we are legislating to increase the maximum penalty for causing death by driving whilst disqualified from two to 10 years, and create a new offence of causing serious injury by driving whilst disqualified. We are also changing the law to allow the commencement of provisions which will ensure that courts must take account of any time in prison in setting the length of a driving disqualification.
The number of people found guilty for driving while disqualified in England and Wales, from 2010 to 2013 (the latest data available) can be viewed in the table.
| Defendants proceeded against at magistrates' court, found guilty and sentenced at all courts for offences relating to driving while disqualified(1), England & Wales, 2009-2013(2)(3) | |||||||
| Offence | Outcome | 2009 | 2010 | 2011 | 2012 | 2013 | |
| Driving while disqualified | Proceeded against | 13,924 | 11,122 | 9,379 | 8,191 | 7,619 | |
| Found Guilty | 13,217 | 10,465 | 8,869 | 7,676 | 7,083 | ||
| Conviction ratio(4) | 94.9 | 94.1 | 94.6 | 93.7 | 93.0 | ||
| Sentenced | 13,260 | 10,500 | 8,917 | 7,684 | 7,099 | ||
| Of which: | |||||||
| Absolute discharge | 47 | 43 | 45 | 67 | 60 | ||
| Conditional discharge | 236 | 143 | 134 | 121 | 119 | ||
| Fine | 963 | 895 | 820 | 755 | 795 | ||
| Community sentence | 5,688 | 4,483 | 3,626 | 3,099 | 2,580 | ||
| Suspended sentences | 2,558 | 2,111 | 1,924 | 1,639 | 1,704 | ||
| Otherwise dealt with | 100 | 93 | 68 | 41 | 56 | ||
| Immediate custody | 3,668 | 2,732 | 2,300 | 1,962 | 1,785 | ||
| Custody rate(5) | 27.7 | 26.0 | 25.8 | 25.5 | 25.1 | ||
| Average fine (£) | 267.65 | 246.26 | 278.35 | 283.06 | 284.67 | ||
| Average custodial sentence length (months)(6) | 3.3 | 3.2 | 3.2 | 3.1 | 3.2 | ||
| (1) An offence under S 103 (1) of the Road Trafic Act 1988 | |||||||
| (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) The number of offenders sentenced can differ from those found guilty as it may be the case that a defendant found guilty in a particular year, and committed for sentence at the Crown Court, may be sentenced in the following year. | |||||||
| (4) Conviction ratio is calculated as the number of convictions as a proportion of the number of proceedings. | |||||||
| (5) The proportion of offenders sentenced who are sentenced to immediate custody. | |||||||
| (6) Excludes life and indeterminate sentences. | |||||||
| Source: Justice Statistics Analytical Services - Ministry of Justice. | |||||||
| Ref: PQ 220161 | |||||||
To ask the Attorney General, how many people were prosecuted for driving cars while (a) disqualified from driving and (b) uninsured in each police force area in the UK in each year since 2010.
To ask the Attorney General, how many people were prosecuted for driving cars while (a) disqualified from driving and (b) uninsured in each police force area in the UK in each year since 2010.
The Crown Prosecution Service (CPS) does not centrally record the total number of people prosecuted for driving whilst disqualified or driving whilst uninsured. To obtain details of the number of defendants prosecuted for these offences, would require a manual review of individual case files to be undertaken at a disproportionate cost.
Driving motor vehicles while uninsured are specified proceedings. These are offences that are prosecuted by the police rather than the CPS in order to reduce unnecessary bureaucracy and ensure swifter justice. The CPS will only prosecute a specified offence in cases where a not guilty plea has been entered or when the defendant is charged with other associated offences such as driving with excess alcohol.