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Prosecutions: Fireworks

Volume 468: debated on Monday 26 November 2007

To ask the Secretary of State for Justice how many successful prosecutions there were for firework-related offences in (a) 2003, (b) 2004, (c) 2005 and (d) 2006. (167694)

Data showing the number of defendants found guilty of firework-related offences in England and Wales from 2003 to 2005 are in table A.

In addition, under the Criminal Justice and Police Act 2001, Penalty Notices for Disorder (PND) can be issued for a number of offences: throwing fireworks in a thoroughfare under the Explosives Act 1875 and breach of the fireworks curfew, possession of category 4 fireworks, and possession by a person under 18 of an adult firework under the Fireworks Act 2003. The offences attract a fixed penalty of 80. Data on the number of PNDs issued for these offences in England and Wales in 2004 and 2005 are provided in table B. Data for 2006 will be available shortly.

Table A: Number of defendants proceeded against at magistrates courts and found guilty at all courts for selected offences related to fireworks, England and Wales, 2003-051,2

Found guilty

Offence description

Principal statute

2003

2004

2005

11300

Control of gunpowder, safety fuses and other explosives. Manufacture and keeping of gunpowder and other explosives a). Summary only. Offences in relation to explosives, firearms, etc. Restriction relating to the manufacturing of fireworks.

Emergency Laws (Miscellaneous Provisions) Act 1953 S.3 orders made under. Explosives Act 1875 (except S80 and orders in council and rules thereunder). Explosives Act 1923 and order in council and rules thereunder. Fireworks Act 1951.

10

24

20

12301

Throwing, casting or firing any fireworks in or into any highway, street, etc. public place.

Explosives Act 1875, Sec 80

36

55

26

13809

Knowingly or recklessly making a statement which is false in a material particular when a requirement to give information is imposed by or under fireworks regulations.

Fireworks Act 2003 S.11 (3)(a)(b),(4)

19601

Contravening a prohibition imposed by fireworks regulations.

Fireworks Act 2003 S.11(1)(4)

8

66

19602

Failure to comply with a requirement imposed in or under fireworks regulations to give or not give information.

Fireworks Act 2003 s. 11 (2)(4)

3

48

87

120

1 These data are on the principal offence basis.

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 police. 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.

Source:

RDS—Office for Criminal Justice Reform—Ministry of Justice

Table B: Number of penalty notices for disorder issued for fireworks offences in England and Wales, 2004 and 20051,2

2004

2005

Throwing fireworks

177

642

Breach of fireworks curfew

12

33

Possession of a Category 4 firework

12

13

Possession by under 18 of adult firework

20

47

Total

221

735

1 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 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.

2 These offences became part of the Penalty Notice for Disorder scheme on 1 November 2004, data for 2003 are therefore not available.

Source:

RDS—Office for Criminal Justice Reform—Ministry of Justice