Philip Davies – 2014 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by Philip Davies on 2014-05-06.

To ask the Secretary of State for Justice, what proportion of (a) men and (b) women found guilty of benefit fraud in each of the last 10 years received (i) immediate custodial sentences and (b) non-custodial sentences.

Jeremy Wright

The sentencing framework and sentencing guidelines apply equally to all offenders. Sentencing is entirely a matter for the courts, taking account of all the circumstances of each case. This will include the seriousness of the offence, including all aggravating and mitigating factors, and a guilty plea.

Fraud has a maximum penalty of 10 years’ imprisonment and there are various other offences which are specific to benefit fraud, with maximum penalties of up to seven years’ imprisonment. The courts must follow the relevant sentencing guideline in their approach to sentencing. Last year, the Sentencing Council conducted a public consultation on a new draft guideline for fraud and a new definitive guideline, informed by the responses received, will apply in due course.

In addition to criminal penalties, those convicted of benefit fraud also face a restriction on their benefits for an extended period.

The number of men and women sentenced at all courts for offences relating to benefit fraud in England and Wales from 2002 to2012 (latest data available) can be viewed in the table.

Please note that court proceedings statistics for the year 2013 are planned to be published by the Ministry of Justice on 15th May 2014.