Asked by: Lord Jackson of Peterborough (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the impact of the early release of prisoners with a custodial sentence of less than 12 months, in order to alleviate overcrowding in the prison estate, on (1) reoffending rates, (2) public safety and (3) the operational effectiveness of the Probation Service.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
Delivering public protection and reducing reoffending is not just about custody. The Probation Service plays a vital role in protecting the public and reducing reoffending. For some less serious offenders, suspended and community sentences are more effective for rehabilitation.
Community requirements can help to deter reoffending, drive swift consequences for non-compliance, protect the public, and ensure offenders feel the weight of crime. Probation assess an offender’s risk prior to, and throughout sentences, to ensure that offenders are appropriately monitored and supervised, following robust risk assessment measures to ensure public safety.
Evidence shows that 55% of people given a custodial sentence of less than 12 months are convicted of further offences. For offenders punished with Suspended Sentence Orders with requirements that are served in the community, the reoffending rate is significantly lower at 24%. That is why we are introducing a presumption to suspend sentences of under 12 months, however judges will still be able to exercise their discretion to impose custody in exceptional circumstances. We have also included exemptions to the presumption where there is a significant risk of harm to an individual or where the offender has breached an order of the court, as is the case for many repeat and prolific offenders.
We know there are existing challenges and will be additional demands on the Probation Service as a result of the presumption to suspend short sentences. That is why we have increased funding for the Probation Service by an additional £155 million a year to recruit record levels of staff so that we can bring down caseloads and deliver better and more consistent supervision of offenders in the community. We continue to accelerate recruitment of Probation Officers, with over 4,000 trainees joining the service since 2020 and an overall increase in staffing levels across the board. We are also resetting probation to prioritise early engagement and supervision in the first two-thirds of an offender’s sentence, a critical period during which probation staff can have the greatest impact on public protection and reducing reoffending.
Asked by: Lord Jackson of Peterborough (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to expand the built prison estate to account for the estimated population increases to 2035 and beyond.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
We are delivering 20,000 additional, modern prison places, the largest prison build programme since the Victorian era, ensuring the right conditions are in place to rehabilitate prisoners, helping to cut crime and protect the public. These places are being delivered through the construction of six new prisons, as well as the expansion and refurbishment of the existing estate and temporary accommodation. To date, we have delivered c.5,900 of these places and are on track to have delivered c.10,000 by the end of 2025.
In October 2023, the Lord Chancellor announced funding of up to £30 million to start acquiring land that will be required for future prison capacity.
The Department has taken a number of steps to identify land for potential prison sites. We have commissioned a property agent to search the market for land in the North West and South East, our areas of greatest forecast demand for prison places; officials have started discussions with significant private and public sector landowners and continue to assess a shortlist of sites for planning risk and strategic and operational fit. In parallel, officials are engaged in strategic conversations with local and regional leaders to identify areas where communities would welcome the economic and employment benefits of a new prison.
Asked by: Lord Jackson of Peterborough (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they have commissioned any research on a causal link between (1) an expansion of prison places and more custodial sentences, and (2) a reduction in violent and other serious crime episodes in a given period of time.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Ministry of Justice (MoJ) has not commissioned research looking directly at any causal link of the kind mentioned in the question. However, the MoJ continues to carefully monitor the use of the prison estate and the sentencing framework to ensure that the most serious offenders are appropriately punished, and that the public are kept safe.
That is why we are embarking on the largest expansion of our prison estate since the Victorian era, investing £4 billion toward the delivery of 20,000 additional, modern places. By the end of 2025, we are on track to have delivered around 10,000 places in total.
Reducing crime and protecting the public, however, is not only about increased custody. Evidence shows that 55% of people given a custodial sentence of less than 12 months go on to be convicted of further proven offences in the following 12 months. For offenders punished with Suspended Sentence Orders with requirements that are served in the community, the reoffending rate is significantly lower at 24%. That is why we are introducing a presumption to suspend sentences of under 12 months. However, judges will still be able to exercise their discretion to impose custody in exceptional circumstances. We have also included exemptions to the presumption where there is a significant risk of harm to an individual or where the offender has breached an order of the court, as is the case for many repeat and prolific offenders.
Asked by: Lord Blunkett (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to update the Rehabilitation of Offenders Act 1974.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
This government has recently reviewed and made significant changes to the Rehabilitation of Offenders Act (ROA) 1974. The Police, Crime, Sentencing and Courts Act 2022 amended the ROA to significantly reduce the length of time that someone needs to disclose most criminal records. These reforms will improve access to employment, which we know is a key factor in supporting rehabilitation and enabling former offenders to reintegrate into the community. Serious violent, sexual, or terrorist offences are excluded from these changes and continue to never be spent.
Where a person has a conviction disclosed, we are clear that this should not be an automatic bar to employment. Our guidance for employers states that they should make a balanced judgment on whether someone’s convictions make them unsuitable for a particular job. This should take into account the person’s age at the time of the offence, how long ago it took place, the nature of the offence and its relevance to the position in question, among other factors.
The ROA is kept under review. There are no current plans to make further changes, but please see further the answer I gave on 4 April to Question HL3362.
Asked by: Lord Blunkett (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, excluding sexual or violent offences, under what circumstances can someone subject to an Imprisonment for Public Protection sentence who has completed their license period have earlier, minor offences dropped from their record.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Rehabilitation of Offenders Act 1974 (the ROA) sets out when an offender is considered to be ‘rehabilitated’ for the purposes of the Act and the relevant rehabilitation periods for cautions and convictions (also referred to as when a caution or a conviction become ‘spent’). This does not mean that an offence is dropped from their record, rather that the offender only needs to disclose the spent caution or conviction in some circumstances.
The ROA also provides that where a person commits another offence before the first has become spent, then the rehabilitation periods are extended to the longest period. The ROA sets out that, as with other indeterminate sentences, IPP sentences can never become spent, regardless of whether the licence is terminated or not. The same, therefore, applies to any unspent caution or conviction imposed on the offender prior to the IPP sentence.
We have taken action through the Victims and Prisoners Bill to curtail IPP licence periods to give offenders the opportunity to move on with their lives. Whether the ROA should be reviewed in the light of these changes would require further consideration in the context of indeterminate sentences generally.
Asked by: Baroness Redfern (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the Annual Report of the Independent Monitoring Board at HMP/YOI Feltham, published on 12 March; and in particular, the finding that violence in classrooms and workshops has made young prisoners reluctant to attend education and rehabilitation sessions.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
We are grateful to the Independent Monitoring Board for its report, and for the vital work its members undertake to monitor the welfare of prisoners, to ensure that they are properly cared for. The report comments on the impact of staffing challenges affecting the regime at both HM/YOI Feltham A (young people under 18) and HMP/YOI Feltham B (adults and young adults over 18), as well as on the suitability of the education programmes available.
Since the end of the period covered by the Independent Monitoring Board’s report (1 September 2022- 31 August 2023), the staffing position at Feltham A has improved, and it now has the resources in place to provide a safe and productive regime for young people, with increased time-out-of-room.
The Youth Custody Service (YCS) has commissioned a resource review across all four public sector young offender institutions, to explore opportunities to make better use of the staff available in the current operating environment. This includes looking at the balance between management and frontline supervisory staff. The first review was at Feltham A in 2023, and a delivery plan following this review will be implemented shortly. The YCS will monitor the impact of this on service delivery. Support is also being provided at Feltham A to aid staff retention; sickness absence monitoring, with appropriate support, is a feature of regular management oversight.
The report of an Independent Review of Progress at Feltham B, conducted by HM Inspectorate of Prisons in January 2024, found that the prison had made reasonable progress in relation to encouraging positive behaviour. In addition, following a resource and risk assessment review, improved arrangements for purposeful activity are being put in place, to support the aim of reducing re-offending and increasing readiness for work, to help prisoners to gain employment upon release.
Asked by: Lord Blunkett (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what was the reason for the decision to increase the length of the COP3 assessment of capacity form from 12 to 21 pages.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
Court of Protection forms are a matter for the judiciary. The Court of Protection Rules Committee in 2022 convened an expert Working Group to review the COP3 assessment of capacity form, supported by my officials. That group recommended substantial revisions to both the format and content.
Revisions were made to reflect the outcome of a Supreme Court case (Local Authority v JB), and more broadly to improve the form’s evidential value. While longer than its predecessor, the revised form aims to provide for a more rigorous assessment of a person’s capacity and greater scrutiny of each specific decision to be made on their behalf. The Rules Committee approved those revisions, and the revised form was published in July 2023.
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, following the announcement on 4 March of the establishment of an inquiry into third party litigation funding, when they expect to announce the terms of reference, the members of the inquiry panel and the timing of the review.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Lord Chancellor has invited the Civil Justice Council, the body responsible for overseeing and co-ordinating the modernisation of the civil justice system, to undertake a review of third-party litigation funding in England and Wales. The CJC has agreed to undertake the review and will be announcing terms of reference and other information shortly.
Asked by: Tanmanjeet Singh Dhesi (Labour - Slough)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he is taking steps to help ensure digital (a) literacy and (b) understanding among legal professionals.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Ministry of Justice is driving the digital transformation of the legal sector by providing £6 million for the LawtechUK programme, which aims to increase innovation and adoption of lawtech in the delivery of UK legal services. Lawtech describes technologies which aim to support, supplement, or replace traditional methods for the delivery of legal services.
LawtechUK offers a range of free education programmes designed to help organisations interested in harnessing the benefits of innovation for their legal operations. This includes Lawtech Bridge which brings together startups and established legal businesses to explore approaches to digital innovation.
LawtechUK also organises events aimed at raising awareness and increasing understanding of lawtech. For example, a recent Lawtech Student Fair brought together law firms, alternate legal service providers and lawtech providers with students and junior lawyers to help ensure the next generation of lawyers are digitally literate and embracing technology.
Whilst the Government aims to support a flourishing and innovative legal sector, the legal profession in England and Wales, together with its regulators, operate independently of the Government. The Solicitor’s Regulation Authority, the approved regulator for solicitors, supports innovation in the legal sector through their Innovate programme by helping law firms run their business creatively, supporting technology firms looking to develop products for legal businesses and bringing together law firms and innovators.
Asked by: Tanmanjeet Singh Dhesi (Labour - Slough)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he is taking steps with Cabinet colleagues to help support the mental health of victims while they wait for rape trials.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
Supporting victims of sexual violence and abuse is an absolute priority for this government.
We have taken a number of steps to support the mental health of victims while they wait for rape trials.
In December 2022, the Ministry of Justice launched the 24/7 Rape and Sexual Abuse Support Line to provide victims and survivors access to vital help and information whenever they need it.
In August 2023, we launched the recommissioned Rape and Sexual Abuse Support Fund, providing £26 million to over 60 specialist support services.
The Government is also quadrupling funding for victim and witness support services by 2024/25, up from £41 million in 2009/10. This includes additional ringfenced funding to increase the number of Independent Sexual Violence Advisors (ISVAs) and Independent Domestic Violence Advisors (IDVAs) to around 1,000 by 2024/25 - a significant increase on the number of ISVAs and IDVAs.