To ask the Secretary of State for the Home Department how many persons were (a) charged, (b) prosecuted and (c) convicted of offences under section 35(3) and (4) of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 in each year since its coming into force; how many had a previous conviction under this Act; how many and what percentage of those convicted thereunder received custodial sentences; how many and what percentage have been successfully deported on completion of that sentence; and how many and what percentage of those (i) charged, (ii) prosecuted and (iii) convicted of the above mentioned offences had previously been convicted of such an offence. (129970)

The answer is as follows:

20 individuals have been charged/prosecuted for offences under section 35(3) and (4) of the Asylum and Immigration (Treatment of Claimants) Act 2004 by Border Control and Enforcement and Removals Criminal Investigation Teams since the Act received Royal assent in July 2004.

Of the 13 persons convicted, 12 (92.3 per cent.) received custodial sentences (the other one received a suspended sentence). Of those serving a custodial sentence none have been removed so far. Of the other individuals, two have been removed so far.

Of the 20 persons charged/prosecuted and the 13 persons convicted, three persons have been previously convicted of offences under section 35(3) and (4) of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004. This represents 15 per cent. of the total number of people charged and 23 per cent. of those convicted respectively.

It should be noted that these figures are locally collated management information and may be subject to change.