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Fly Tipping: Prosecutions

Volume 497: debated on Tuesday 13 October 2009

To ask the Secretary of State for the Home Department how many (a) prosecutions have been made and (b) fixed penalty notices have been issued by (i) police and (ii) local authorities for (A) fly tipping, (B) graffiti, (C) dog fouling, (D) the dropping of litter and (E) parking offences in (1) 2007-08 and (2) 2008-09. (290714)

[holding answer 9 September 2009]: Information provided by the Ministry of Justice, showing the number of defendants proceeded against at magistrates courts for fly tipping, other criminal damage, dog fouling, the dropping of litter and parking offences in England and Wales in 2007 are given in the table. Please note that data reported to the Ministry of Justice do not separately identify graffiti offences from other criminal damage offences. Court proceedings data are published by calendar year; 2007 is the latest available, data for 2008 will be available towards the end of 2009. The statistics relate to persons for whom these offences were the principal offence for which they were dealt with. When a defendant has been found guilty of two or more offences the principal offence 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.

Offences of fly tipping, dog fouling, the dropping of litter and parking offences are summary offences and do not feature in the police recorded crime statistics collected by the Home Office. The Home Office does collect penalty notice for disorder (PND) data on recorded offences of criminal damage, which includes graffiti-related offences, although these are part of an aggregate count and therefore cannot be separately identified.

Information on fixed penalties for motoring offences (FPNs) reported to the Home Office shows that there were 446,816 FPNs issued for ‘obstruction, waiting and parking offences’ in 2007. Data for 2008 are scheduled to be published in March 2010.

Additionally, the Department for Environment, Food and Rural Affairs (DEFRA) publishes data on fixed penalty notices for environmental offences. The most recent published information can be found on the DEFRA website which can be viewed via the following web link:

http://www.defra.gov.uk/environment/localenv/legislation/fpn/index.htm

Number of defendants proceeded against at magistrates courts for selected offences, England and Wales, 20071,2

Offence

2007

Fly tipping3

1,842

Other criminal damage4

13,379

Dog fouling5

376

Littering6

3,066

Parking offences7

6,370

1 The statistics 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 the principal offence 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 Covers offences under sections 33(6),33(8),33(9),34 and 59 of the Environmental Protection Act 1990.

4 Offences of graffiti cannot be separately identified within the “other criminal damage” category.

5 Covers offences under section 3 of the 1996 Dogs (Fouling of Land) Act.

6 Covers offences under sections 87 and 94 of the 1990 Environmental Protection Act, section 1 of the 1989 Control of Pollution (Amendment) Act and section 2 of the Refuse Disposal (Amenity) Act 1978.

7 Covers offences under sections 19,21, 22 and 160 of the 1988 Road Traffic Act, sections 173,174,175 and 190 of the 2000 Transport Act, ss 78,79 and 82 of 2004 Traffic Management Act, ss 72 and 78 of the 1835 Highway Act, s54 of the 1839 Metropolitan Police Act, ss5(1),8,32-36 and 45-53 of the 1984 Road Traffic Regulation Act, and RR101 and 103 of the 1986 Road Vehicles (Construction and Use) Regulations.

Source:

Evidence and Analysis Unit—Office for Criminal Justice Reform