Asked by: Pam Cox (Labour - Colchester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many prisons and Young Offender Institutions currently have (a) an Incentivised Substance Free Living Unit operating, (b) a Drug Recovery Wing operating, and (c) a Drug Strategy Lead in post.
Answered by Jake Richards - Assistant Whip
HM Prison & Probation Service (HMPPS) has funded Incentivised Substance Free Living Units in 85 prisons, and six currently have abstinence-based Drug Recovery Wings. To support delivery of HMPPS’ Drug and Alcohol Strategy, 54 prisons have a dedicated Drug Strategy Lead. All remaining prisons, including Young Offender Institutions, have a designated point of contact for Drug and Alcohol Strategy work.
In addition, HMPPS has recruited 17 Group Drug and Alcohol Leads providing regional leadership, assurance, and co-ordination of drug and alcohol work for all the establishments in their Prison Group. They align activity at establishment level with national drug and alcohol strategy and policies which aim to restrict supply, reduce demand and support recovery. They also support local and regional partnerships with healthcare providers to support a range of issues including continuity of care on release.
Asked by: Pam Cox (Labour - Colchester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many foreign national offenders were in prison in England and Wales, by offence group as of 30 September 2025.
Answered by Jake Richards - Assistant Whip
A breakdown of Foreign National Offenders (FNOs) by offence group is published in the Annual prison population statistics and the most recent publication can be found here: prison-population-2025.ods. Please see Table_1_A_26, which shows the breakdown as of 30 June 2025.
As these statistics are published annually, we are not able to provide a breakdown as of September.
In the last year, we removed over 2,700 FNOs under the Early Removal Scheme, that is more than the number removed in the previous year, and a 74 percent increase compared to the same period in 2023. It will free up much-needed space in our prisons.
Asked by: Pam Cox (Labour - Colchester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many Prison Transfer Agreements are currently in place.
Answered by Jake Richards - Assistant Whip
The UK has Prisoner Transfer Agreements (PTAs) with over 110 countries. They allow for the transfer of Foreign National Offenders (FNOs) to their country of nationality to serve the remainder of their sentence, and the repatriation of British Citizens imprisoned overseas.
There are two types of PTA, compulsory meaning the FNO does not need to consent to transfer, and voluntary which means they do. In either case both countries must agree each transfer.
Asked by: Pam Cox (Labour - Colchester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many prisoners are participating in higher education courses.
Answered by Jake Richards - Assistant Whip
According to the Open University, as of 18 December 2025, there are 1,486 students who are currently in custody enrolled on Open University higher education programmes for the 2025/26 academic year, and a further 413 on licence in the community, totalling 1,899.
Additionally, some prisoners are taking level 4 courses, with 1,524 prisoners currently studying a course funded by the Prisoners’ Education Trust.
Asked by: Shaun Davies (Labour - Telford)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of his Department's progress towards its target of increasing prison capacity.
Answered by Jake Richards - Assistant Whip
This Government inherited a prison system in collapse. We have taken decisive action to put prison capacity on a sustainable footing and end the cycle of repeated crises.
We have committed to the largest expansion of the estate since the Victorians, investing £7 billion in building prison places between 2024/25 and 2029/30. We are on track to deliver 14,000 new prison places by 2031 with c. 2,900 delivered already under this Government.
On top of this, we have introduced landmark sentencing reforms to end our prisons crisis – and deliver punishment that cuts crime. On 2 September we introduced the Sentencing Bill to take forward most of the recommendations made by David Gauke’s Independent Sentencing Review, as well as the measures that go further to manage offenders in the community. The House of Lords committee stage was concluded on 3 December.
Asked by: Vikki Slade (Liberal Democrat - Mid Dorset and North Poole)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make it his policy to review the status of people held on remand in custody for more than six months to determine whether they should be considered for conditional release.
Answered by Jake Richards - Assistant Whip
The decision to remand an individual in custody or to grant bail is solely a matter for the independent judiciary acting in accordance with the Bail Act 1976. With limited exceptions, the Bail Act creates a presumption in favour of bail for defendants involved in criminal proceedings. This recognises that a person should not be deprived of his/her liberty unless that is necessary for the protection of the public or the delivery of justice.
There is a well-established process that enables remanded prisoners to apply to the court for bail, and we have expanded the Bail Information Service over the last year to provide more support.
Asked by: Vikki Slade (Liberal Democrat - Mid Dorset and North Poole)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what data his Department holds on the length of time spent in detention without trial by defendants charged under the Terrorism Act 2000 for (a) supporting or (b) being a member of Palestine Action.
Answered by Jake Richards - Assistant Whip
No-one is being detained under the Terrorism Act 2000 for supporting, or being a member of, Palestine Action.
Asked by: Tanmanjeet Singh Dhesi (Labour - Slough)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, who is the Chief Risk Officer for national security risks relating to the work of their Department.
Answered by Jake Richards - Assistant Whip
Secretaries of State and Accounting Officers are ultimately responsible for all risks a Department owns. Each risk in the National Risk Register (NRR) has a designated Risk Owner, working within the Lead Government Department which is responsible for designated risk areas.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the impact of early releases on (a) victims and (b) victims' families.
Answered by Jake Richards - Assistant Whip
We must ensure that there are always sufficient prison places for dangerous offenders and those who pose a risk to the public. We are building 14,000 prison places and will have more prisoners by the time of the next election than the last. We take every possible step to mitigate risk, working in collaboration with partners across the Criminal Justice System. The introduction of the Sentencing Bill will bring an end to temporary early release measures and put the system back on a sustainable footing, ensuring sentences are served in a way that balances punishment, rehabilitation, and public safety.
We also recognise the importance of maintaining confidence in the justice system for victims and their families when designing these reforms and will continue to assess these impacts throughout implementation. Ministers and policy officials have been pleased to meet with victims’ stakeholders through a mix of individual meetings, roundtables and sector-wide engagement groups. We remain committed to continuing to engage with the victim sector to understand the impact of these changes.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to Answer of 9th December 2025 to Question 96041, on Reoffenders: Sentencing, what assessment he has made of how frequently courts depart from sentencing guidelines on the basis that it is in the interest of justice to do so.
Answered by Jake Richards - Assistant Whip
All sentencing courts in England and Wales must follow any sentencing guidelines which are relevant to the offender’s case, unless it is in the interests of justice not to do so (by virtue of section 59 of the Sentencing Code).
Whilst there is a high bar for departing from the guidelines, it is necessary, in the interests of justice, that courts retain the discretion to do so, where the individual case and circumstances warrant it. If a court departs from the guidelines, it must give reasons for doing so.
As mentioned in my previous response, the Sentencing Council has a statutory duty to monitor and evaluate all definitive guidelines to assess their impact on sentencing outcomes and ensure they operate as intended. Analysis conducted by the Council between 2010 and 2015 demonstrated that the vast majority of sentences imposed for offences for which there were offence-specific guidelines were within the sentence range set out in the guidelines. The findings are presented in the Council’s annual reports for 2010/11 through 2014/15 which are available on its website. As part of its ongoing monitoring of the use of guidelines, the Council conducts quantitative and qualitative research to determine how the guidelines are being used and the effect they are having on sentencing practice. These evaluations will highlight any issues if departures from guidelines are commonplace for a particular offence(s) or aspect of sentencing.