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Protection of Badgers Act 1992

Volume 488: debated on Wednesday 25 February 2009

To ask the Secretary of State for Justice (1) what the length is of each custodial sentence, other than suspended sentences, handed down under the provisions of the Protection of Badgers Act 1992 since the Act came into force; and when each such sentence was handed down; (258740)

(2) how much has been received in fines imposed under the provisions of the Protection of Badgers Act 1992 in each year since its entry into force; and how the receipts have been allocated;

(3) how many persons prosecuted under the provisions of the Protection of Badgers Act 1992 received custodial sentences, other than suspended sentences, in (a) each year since 2006 and (b) 2009 to date.

The available information is shown in the following table.

Sentences imposed for offences under the Protection of Badgers Act 1992—1993 to 2007

1993

1994

1995

1996

1997

1998

1999

2000

2001

Fines imposed

Cruelty to badgers

Average fine amount (£)

355

272

465

266

.516

478

283

213

Number of offenders fined

14

12

13

6

3

4

3

4

Sum of fines imposed (£)

4,970

3,264

6,045

1,596

1,548

1,912

849

852

Not giving up dog for destruction1

Average fine amount (£)

51

167

240

200

183

51

41

51

49

Number of offenders fined

9

3

5

2

3

6

14

11

27

Sum of fines imposed (£)

459

501

1,200

400

549

306

574

561

1,323

Lengths of immediate custodial sentences

All offences under the Protection of Badgers Act 1992

Up to 3 months

1

5

1

2

Include 3 up to 6 months

1

1

3

5

9

2

Total custodial sentences

2

6

3

5

10

4

2002

2003

2004

2005

2006

2007

Fines imposed

Cruelty to badgers

Average fine amount (£)

300

1,466

250

2,000

Number of offenders fined

1

3

2

1

Sum of fines imposed (£)

300

4,398

500

2,000

Not giving up dog for destruction1

Average fine amount (£)

47

51

51

64

69

78

Number of offenders fined

21

10

7

8

4

4

Sum of fines imposed (£)

987

510

357

512

276

312

Lengths of immediate custodial sentences

All offences under the Protection of Badgers Act 1992

Up to 3 months

3

1

Include 3 up to 6 months

8

1

1

Total custodial sentences

3

1

8

1

1

Notes:

1. The offence of ‘Failing to give up a dog for destruction having custody of a dog whilst disqualified’ is an offence under the Badger Act (1992) and the Dangerous Dogs Act (1991). It has been included in these figures, although it is not possible to tell which Act was intended when sentencing.

2. The statistics are presented on the principal offence basis, where an offender has been sentenced for more than one offence the principal offence is the one for which the heaviest sentence was imposed, where the same sentence has been imposed for two or more offences the principal offence is the one for which the statutory maximum is most severe.

3. These figures have been drawn from administrative data systems. Although care is taken when processing and analysing the returns, the detail collected is subject to the inaccuracies inherent in any large scale recording system

Source:

OMS Analytical Services, Ministry of Justice

Data on the collection of fines for specific offences are not held, therefore the answer given shows the sum of all fines imposed for offences relating to the Protection of Badgers Act 1992, the actual amount collected is not known. As with all collected fines the receipts are paid into the Consolidated Fund at HM Treasury and are then allocated according to Government spending priorities as part of the spending review process.

Statistics for 2008 will not be available until Sentencing Statistics 2008 is published in late 2009.