Asked by: Siobhain McDonagh (Labour - Mitcham and Morden)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many and what proportion of court trials for (a) rape, (b) sexual assault, (c) violence against a person, (d) murder, (e) theft, (f) possession of weapons and (g) fraud have been delayed each year since 2010.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
We have interpreted your request as relating to ineffective trials, which is where the trial does not take place on the day as planned and requires rescheduling. Ineffective trials happen for a variety of reasons, such as the absence of a defendant or a witness or adjournment requests from either the prosecution or defence.
The tables attached set out the data held by the Ministry of Justice on ineffective trials broken down by offence type, in volume and as a proportion of the total listed trials for that offence type. Crown Court data is available from 2014 onwards.
The pandemic created a significant challenge for the Crown Court and affected its ability to effectively list trials. As a result, the ineffective trial rate notably increased in 2020, primarily due to increases in defendant illness or absence, and overlisting (55% of all ineffective trials were for these reasons combined).
Since 2022, the proportion of ineffective trials in the Crown Court for all offences increased significantly as a result of the Criminal Bar Assocation (CBA) action. While the ineffective trial rate reduced swiftly following the conclusion of the CBA action, in the most recent available data published by the MoJ (October-December 2023), the defence or prosecution not being ready was the largest reason for ineffective trials, accounting for 22% (450) of all ineffective trials.
Despite the overall increase in ineffective trials since the pandemic and subsequent CBA action, the latest data shows cases progressed through the Crown Court more quickly throughout 2023, with the median time from receipt to completion reducing from 167 days in the first quarter of 2023, to 125 days in the last quarter.
Asked by: Siobhain McDonagh (Labour - Mitcham and Morden)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the unused court capacity was in each year since 2015.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
HMCTS had the following number of sessions recorded as either available or unavailable since 2015:
Period | Available verified sessions | Unavailable verified sessions |
FY 15-16 | 1,552,490 | 42,692 |
FY 16-17 | 1,512,424 | 36,811 |
FY 17-18 | 1,387,270 | 37,598 |
FY 18-19 | 1,347,648 | 36,507 |
FY 19-20 | 1,302,006 | 38,408 |
FY 20-21 | 1,062,856 | 130,071 |
FY 21-22 | 1,277,033 | 86,511 |
FY 22-23 | 1,277,981 | 42,665 |
FY 23-24 | 1,281,838 | 48,201 |
A ‘session’ represents the time that court/hearing room space is available, with up to two sessions available each day. Available and unavailable sessions are recorded for all jurisdictions.
HMCTS record a session being unavailable for a number of reasons, including important alternative uses. For example:
HMCTS’ Courtroom Planner performance database was introduced in April 2015 to collect information on the availability of courtrooms. The data was suspended in April 2020 due to COVID disruption and resumed in September 2020. The data between April and August 2020 is therefore incomplete.
The amount of time we use our available estate for hearings is also connected to the funded number of sitting days in any one year, and the availability of key participants such as judiciary and legal professionals.
To maintain session levels, we are investing £220m in the two years to March 2025 for essential maintenance and repair work across the estate to ensure we are keeping as many courtrooms open as possible to hear more cases. This two-year capital maintenance allocation enables us to plan major estate projects in advance and with certainty. Maintenance funding is prioritised to sites that need it most, and this investment is a step forward in improving the quality of the court estate. We have a planned pipeline of future works to improve the resilience and quality of the court estate, and this is kept under regular review.
We have also introduced additional measures to speed up justice for victims and improve the justice system, including:
o Extending 20 Nightingale courtrooms beyond March 2024 to provide additional capacity in the court estate.
o Investing in judicial recruitment since 2017 which has resulted in the annual recruitment of approximately 1000 judges and tribunal members across all jurisdictions. In particular, this has led to an overall increase in the number of judges in the Crown Court.
Please note all data provided is internal and subject to data quality issues inherent in any large-scale manual system.
Asked by: Ruth Cadbury (Labour - Brentford and Isleworth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many and what proportion of people recalled to prison were recalled due to (a) new offences, (b) a lack of address and (c) non-compliance with appointments in the latest 12 months for which data is available.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Public protection is our priority. The decision to recall on offender on licensed supervision is taken on the professional advice of senior probation staff following consideration of safe alternatives to recall. Where offenders are recalled, it is because they present a risk of serious harm to the public and the controls available are no longer sufficient to keep the public safe. These individuals will remain in prison for only as long as necessary to protect the public.
Reasons for recall are recorded and published as set out in the table below. Further breakdown of recall reasons is not possible without significant manual checks.
Recall period | Oct-Dec 2022 | Jan-Mar 2023* | Apr-Jun 2023 | Jul-Sep 2023 | % Proportion |
Total Recalls | 6,092 | 6,824 | 6,814 | 7,030 |
|
Facing further charge | 1,821 | 1,977 | 1,883 | 1,815 | 28 |
Non-compliance | 4,378 | 5,047 | 5,038 | 5,376 | 74 |
Failed to keep in touch | 1,960 | 2,140 | 2,110 | 2,286 | 32 |
Failed to reside | 1,613 | 1,792 | 1,810 | 1,920 | 27 |
Drugs/alcohol | 413 | 437 | 489 | 577 | 7 |
Poor Behaviour - Relationships | 205 | 214 | 212 | 224 | 3 |
HDC - Time violation | 124 | 131 | 171 | 151 | 2 |
HDC - Inability to monitor | 65 | 75 | 71 | 81 | 1 |
Failed home visit | 89 | 78 | 73 | 86 | 1 |
HDC - Failed installation | 37 | 29 | 30 | 51 | 1 |
HDC - Equipment Tamper | 9 | 2 | 15 | 11 | 0 |
Other | 1,091 | 1,299 | 1,304 | 1,296 | 19 |
* Figures for Jan-Mar 2023 have been revised since last publication.
The table includes instances of offenders recalled multiple times.
Recall reasons do not sum to the total number of recalls published, as more than one reason can be recorded against each recall.
We routinely publish recall data at:
https://www.gov.uk/government/collections/offender-management-statistics-quarterly.
Asked by: Ruth Cadbury (Labour - Brentford and Isleworth)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, for how many and what proportion of people on community sentences with a supervision element was a breach recorded in the last year for which figures are available.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The supervision requirement was phased out with the introduction of Offender Rehabilitation Act 2014, therefore we have used the Rehabilitation Activity Requirement as the data source in this response as the best match to Supervision.
Between 01/04/2022 and 31/03/2023, the last full year for which data is available, breaches were initiated one or more times for 39,617 individuals with a Rehabilitation Activity Requirement as part of their Community Sentence.
During this period, the typical number of persons with an active Rehabilitation Activity Requirement was 84,608. As the caseload will vary, with a vast number of sentences commencing and ending on a daily basis, it is not possible to provide a figure for the proportion of those with a Rehabilitation Activity Requirement, with a breach recorded.
It should be noted that a breach being initiated does not necessarily mean that a breach was heard at court, or resulted in a Court hearing, they may instead have been withdrawn due to renewed compliance, at the Probation Practitioner’s professional judgement. Breaches are undertaken for a number of reasons, including non-attendance, unacceptable behaviour and commission of further offences.
Data are as at 16/04/2024. Data are sourced from nDelius and while these data have been assured as much as practical, as with any large administrative dataset, the data should not be assumed to be accurate to the last value presented.
Asked by: Tanmanjeet Singh Dhesi (Labour - Slough)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to ensure people leaving prison have settled accommodation upon release.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The Ministry of Justice (MoJ) is committed to preventing homelessness and works closely with the Department for Levelling Up, Housing and Communities (DLUHC) and the Welsh Government to do so. Prisons and probation have a statutory duty to refer someone at risk of homelessness to a local authority for assistance, and we have worked closely with DLUHC on the design and delivery of their Accommodation for Ex-Offenders scheme. We have set up a Cross-Whitehall Accommodation Board, attended by officials from MoJ, HMPPS, Welsh Government and DLUHC, to ensure collaboration across policy and operational areas. In the year to March 2023, 86% of prison leavers were in accommodation on their first night of release from custody (excluding cases where the status was unknown). This is up from 80% in 2019-20, the year immediately before our accommodation investments began.
In July 2021, we launched our groundbreaking Community Accommodation Service Tier-3 in five probation regions, to guarantee up to 12-weeks temporary accommodation to prison leavers subject to probation supervision who are at risk of homelessness on release, including those released under the End of Custody Supervised Licence measure. From April 2023, the service was expanded across all probation regions in England and Wales and continues to bring new beds online as the service embeds. By January 2023, the proportion of offenders housed on the first night of their release from custody was 7.6 percentage points higher in CAS3 regions versus non-CAS3 regions.
Asked by: Tanmanjeet Singh Dhesi (Labour - Slough)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to help ensure prison leavers do not become homeless upon release.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The Ministry of Justice (MoJ) is committed to preventing homelessness and works closely with the Department for Levelling Up, Housing and Communities (DLUHC) and the Welsh Government to do so. Prisons and probation have a statutory duty to refer someone at risk of homelessness to a local authority for assistance, and we have worked closely with DLUHC on the design and delivery of their Accommodation for Ex-Offenders scheme. We have set up a Cross-Whitehall Accommodation Board, attended by officials from MoJ, HMPPS, Welsh Government and DLUHC, to ensure collaboration across policy and operational areas. In the year to March 2023, 86% of prison leavers were in accommodation on their first night of release from custody (excluding cases where the status was unknown). This is up from 80% in 2019-20, the year immediately before our accommodation investments began.
In July 2021, we launched our groundbreaking Community Accommodation Service Tier-3 in five probation regions, to guarantee up to 12-weeks temporary accommodation to prison leavers subject to probation supervision who are at risk of homelessness on release, including those released under the End of Custody Supervised Licence measure. From April 2023, the service was expanded across all probation regions in England and Wales and continues to bring new beds online as the service embeds. By January 2023, the proportion of offenders housed on the first night of their release from custody was 7.6 percentage points higher in CAS3 regions versus non-CAS3 regions.
Asked by: Tanmanjeet Singh Dhesi (Labour - Slough)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to ensure support is provided to prison leavers between the end of the HM Prison and Probation Services' Creating Future Opportunities CFO3 project and CFO Activity Hubs and delivery of the CFO Evolution programme; and how information will be disseminated to prison leavers.
Answered by Edward Argar - Minister of State (Ministry of Justice)
We will deliver continuous support for prison leavers during the transition from the CFO3 and CFO Activity Hubs programmes to the CFO Evolution programme by allowing adequate implementation and migration time as appropriate between the existing and new programmes. Information about the CFO programmes will be disseminated to prison leavers by the current and new providers and the HMPPS CFO team. Comprehensive mobilisation and transition plans are in place to ensure participants on the programme will notice little difference during this period.
Asked by: Kevin Brennan (Labour - Cardiff West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will publish a complete list of prisons in England and Wales in which the 18-day prisoner early release scheme has (a) applied and (b) continues to apply.
Answered by Edward Argar - Minister of State (Ministry of Justice)
End of Custody Supervised Licence (ECSL) is a temporary measure and is used in a targeted way where its use is only where it is absolutely necessary. For this reason, the list of prisons varies according to need.
Asked by: Kevin Brennan (Labour - Cardiff West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, which prisons will be included in the extension of the end of custody supervised licence measure from 35 to 60-days.
Answered by Edward Argar - Minister of State (Ministry of Justice)
End of Custody Supervised Licence (ECSL) is a temporary measure and is used in a targeted way where its use is only where it is absolutely necessary. For this reason, the list of prisons varies according to need.
Asked by: Kevin Brennan (Labour - Cardiff West)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what guidance his Department has published on when a person with an end of custody supervised licence should be recalled to prison.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Public protection is our priority. Offenders released early on ECSL are subject to a standard supervision licence which is designed to enable the Probation Service to manage the risk that offenders may pose on release from prison and to safeguard public protection. The recall process is the same for those released on ECSL and other standard releases.
The decision to recall an offender on licensed supervision is taken on the professional advice of senior probation staff following consideration of safe alternatives to recall. Where offenders are recalled, it is because they present a risk of serious harm to the public and the controls available are no longer sufficient to keep the public safe. These individuals will remain in prison for only as long as necessary to protect the public. Guidance on the recall of offenders to prison is available at: https://www.gov.uk/government/publications/recall-review-and-re-release-of-recalled-prisoners.