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.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of whether the discretion for courts to depart from sentencing guidelines in the interests of justice affects the (a) consistency and (b) effectiveness of sentencing outcomes.
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.
Asked by: Pam Cox (Labour - Colchester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many and what proportion of prisoners have been released with a resettlement passport in each month since their introduction.
Answered by Jake Richards - Assistant Whip
The Government is committed to ensuring individuals have plans in place before release, identifying needs early, and linking people to the right support, such as housing, employment, and health services, to help reduce reoffending. No prisoners have left with a resettlement passport as formal introduction of a digital tool is yet to take place. However, development work has marked important progress in testing approaches to improve pre-release planning across the estate.
This testing, carried out in ten prisons and four probation regions, has gathered valuable insight and learning throughout, including a comprehensive understanding of current practice and identification of gaps and opportunities in service delivery. It has also provided insight relevant to ARNS (Assess, Risks, Needs and Strengths), supporting its development as part of HMPPS’s wider digital transformation strategy. ARNS is designed to modernise offender assessments by moving towards a more dynamic, collaborative, and strength-based approach to resettlement planning, offender management, and risk assessment.
These findings will feed into work to improve the operational processes to support preparation for release, to support delivery of recommendations from the Independent Review of Sentencing.
Asked by: Pam Cox (Labour - Colchester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what progress has been made to introduce resettlement passports for prison leavers.
Answered by Jake Richards - Assistant Whip
The Government is committed to ensuring individuals have plans in place before release, identifying needs early, and linking people to the right support, such as housing, employment, and health services, to help reduce reoffending. No prisoners have left with a resettlement passport as formal introduction of a digital tool is yet to take place. However, development work has marked important progress in testing approaches to improve pre-release planning across the estate.
This testing, carried out in ten prisons and four probation regions, has gathered valuable insight and learning throughout, including a comprehensive understanding of current practice and identification of gaps and opportunities in service delivery. It has also provided insight relevant to ARNS (Assess, Risks, Needs and Strengths), supporting its development as part of HMPPS’s wider digital transformation strategy. ARNS is designed to modernise offender assessments by moving towards a more dynamic, collaborative, and strength-based approach to resettlement planning, offender management, and risk assessment.
These findings will feed into work to improve the operational processes to support preparation for release, to support delivery of recommendations from the Independent Review of Sentencing.
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 compatibility of early releases with the principles of justice.
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: 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: Pam Cox (Labour - Colchester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what was the rate of compliance for people fitted with an alcohol monitoring device after their release from prison, in each year since 2021.
Answered by Jake Richards - Assistant Whip
We are unable to provide compliance rates by year for those released from custody and subject to alcohol monitoring. However, our published research for this cohort has shown around four out of five prison leavers with an alcohol monitoring condition added to their licence during 2023 did not violate their order. Of those who did violate their order, most only received a single violation. The Department’s published research can be found here - AML: Process and Interim Impact Evaluation.
The compliance rate of alcohol monitoring imposed by the court as part of a Community Order or Suspended Sentence Order, which imposes a total ban on drinking alcohol for up to 120 days, showed from the introduction of the technology in October 2020 through to 6 June 2025, the devices did not register a tamper or alcohol alert for 97.3% of the days worn. Anyone who does break the rules, risks being returned to custody.
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 have (a) an ID and Banking Administrator and (b) an Employment Lead currently in post.
Answered by Jake Richards - Assistant Whip
Prison Employment Leads (PELs) and ID and Banking Administrators (IDBAs) were introduced to 93 prisons across the estate in 2022 and have been effective in supporting prisoners to prepare for their reintegration into the community since then. Whilst these roles are supported nationally, they are managed and recruited to locally, so numbers of vacancies are not held centrally.
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: 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.