Criminal Jurors
Debate between Baroness Berridge and Lord Bellamy(1 month, 4 weeks ago)
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The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)
My Lords, the Government recognise the crucial importance of the role of jurors in delivering justice and the need to secure their well-being. The Government have no current plans to introduce a juror appreciation day, but we continue to commend the hard work of jury panels throughout the year and to explore ways of supporting those who are undertaking this very important civic duty.
Baroness Berridge (Con)
My Lords, I am obviously disappointed by my noble and learned friend’s Answer. Other jurisdictions, such as Canada, have introduced such a week—not just a day. There is an increase in jurors speaking out after serving on some of our most notorious trials about the effect that jury service had on them, such as making them unwell. Can my noble and learned friend agree to have a call for evidence to understand what the extent of this issue is? Then there could be analysis of whether it is the type or length of case, or the way in which evidence is presented nowadays, with much more footage, rather than photographs, that is causing these issues that we can then assess.
Lord Bellamy (Con)
My Lords, I would like first, if I may, to thank my noble friend for raising this issue and for organising a recent stakeholder conference. The Government are aware of the question that she rightly raises, but are not, at present, planning for a call for evidence as such. We already have regular jury satisfaction surveys, which generally express high levels of jury satisfaction and a willingness to serve again. We do know that a minority of jurors suffer stress, and we are exploring options that we intend to test in the Crown Courts later this year and to issue further guidance to courts on the circumstances in which ad hoc support can be arranged.
Miscarriages of Justice
Debate between Baroness Berridge and Lord Bellamy(10 months, 3 weeks ago)
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Baroness Berridge (Con)
My Lords, I am grateful to my noble and learned friend the Minister, whose department is seized of the work on the welfare of jurors, who are exposed to traumatic evidence in that peculiar environment where they are cut off from their daily routines and support structures because we do not want them harmed. However, in the context of this Question, could he raise this issue up the list of priorities? We do not want a juror to be so traumatised—I think that contempt of court rules allow them to reveal this —that they begin to question their capacity to deliberate, and then have a question mark over the verdict for that reason.
Lord Bellamy (Con)
My noble friend makes a perfectly fair point. It is essential to our system that jurors be properly looked after, and the Government will continue to consider the points raised in her question.
Jurors: Mental Health Impact
Debate between Baroness Berridge and Lord Bellamy(1 year, 1 month ago)
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Baroness Berridge
To ask His Majesty’s Government what assessment they have made of the emotional, psychological and mental health impact on jurors of sitting in serious criminal trials.
The Parliamentary Under-Secretary of State, Ministry of Justice (Lord Bellamy) (Con)
My Lords, research into the impact of jury service has found that most people enjoy their service and find the experience interesting and informative. We know that some people can find it distressing. Anyone feeling this way is encouraged to contact their GP, who can put them in touch with the necessary support services. We are currently looking at options, including providing guidance to courts, to explore what more can be done.
Baroness Berridge (Con)
I am grateful to my noble and learned friend for that Answer but there are now increasing reports in the media of those having adverse reactions to the evidence that they are hearing, and the type of evidence they are having to hear is more graphic and often video footage. Will my noble and learned friend outline whether there are plans to have a proper systemic review of a court centre and talk to jurors before, and particularly after, their experience to see whether people are being adversely impacted by doing jury service?
Lord Bellamy (Con)
My Lords, the latest research was done by Professor Cheryl Thomas in 2020: 81% of those who had served on a jury said that they would be “happy to serve again”; 78% found it “interesting”. At the same time, it is quite true that 42% found the experience “stressful”. It is an issue, and the department is exploring options. What shape those options will take—whether there should be some sort of counselling service, whether it should be authorised by a judge and who would provide it—are all questions currently under consideration.
Divorce: Financial Provision
Debate between Baroness Berridge and Lord Bellamy(1 year, 1 month ago)
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Lord Bellamy (Con)
My Lords, I hope to make a further announcement immediately before or shortly after the Easter Recess. Matters are being finalised at the moment. Typically, Law Commission work takes place in two phases. There is an initial phase of the kind I have just outlined, where the problem is identified and comparative studies are made. That is typically followed by a consultation phase in which all stakeholders’ views are fully taken into account, which results in final recommendations and possibly draft legislation. That process will probably take at least two years.
Baroness Berridge (Con)
My Lords, not only is this law antiquated—it is 50 years old—but there is an out-of-date view, which I found even among those in their twenties and thirties, that if you are cohabiting you are in some sort of arrangement called common-law marriage, which does not exist, and that the court would have powers under the Matrimonial Causes Act. So without going to the Law Commission, can my noble and learned friend the Minister please raise awareness that actually, that is not the legal position and there is an even more complex situation if you are not in a legal relationship such as a marriage or civil partnership?
Lord Bellamy (Con)
My Lords, cohabitation is not envisaged as being within the review we have been talking about today. It does raise important issues and the Government keep them under review.
Mental Capacity Act 2005: Small Payments Scheme
Debate between Baroness Berridge and Lord Bellamy(1 year, 2 months ago)
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Lord Bellamy (Con)
My Lords, I cannot comment on how fund providers operate their relevant systems. The number of adults holding child trust funds who have become adults and lack capacity is quite small—it is thought to be around 1% to 2% percent—but it is none the less significant and the risk of abuse is quite prominent.
Baroness Berridge (Con)
My Lords, I have recently been alongside someone who had tried to become an appointee. Can my noble friend the Minister please talk to the DWP about its system to become an appointee for somebody, because it is not simple? Is there not then a case for basically not duplicating the processes? Once you get through the appointee hoops, which are considerable, should you not automatically get a deputyship—so you just have to do it once?
Lord Bellamy (Con)
My Lords, the Government are extremely reluctant at the moment to confuse two things. One is the processes by which the DWP works, and the other is the legal process by which an adult lacking capacity can have somebody else act on their behalf. That is a job for the Court of Protection. It is not just a question of child trust funds, although that is an important issue. This can go on throughout a child’s life, and it is quite likely that a child lacking capacity who reaches the age of 18 will continue to lack capacity for many years to come, and there will be important decisions to take. That really should be supervised by the Court of Protection and not by the DWP.
Prison Capacity
Debate between Baroness Berridge and Lord Bellamy(1 year, 5 months ago)
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Lord Bellamy (Con)
My Lords, in relation to specific costs, no, but in relation to the general question of whether we should improve and develop educational facilities in prison, particularly so that prisoners can read, yes, the Government entirely agree with that aspiration.
Baroness Berridge (Con)
My Lords, I serve on the Joint Committee on the Draft Mental Health Bill, which has been mentioned before. In a secure mental health hospital, there will be prisoners who are civilian patients as well as people who have been transferred from the prison estate. Hopefully, of course, they are treated and then are well enough to go back into the prison estate. However, do we have an issue here of people still being within secure mental health hospitals, where beds are scarce, because they cannot be moved back into the prison estate?
Lord Bellamy (Con)
We do have an issue, as my noble friend puts it, around managing mental health in the community and among prisoners. I hope the Mental Health Bill will help to address that. This is an ongoing problem of which the Government are well aware and to which we are working towards solutions.
Lammy Review
Debate between Baroness Berridge and Lord Bellamy(1 year, 5 months ago)
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Lord Bellamy (Con)
My Lords, certainly, judges are provided with domestic abuse training. The Equal Treatment Bench Book places particular emphasis on avoiding bias in sentencing and related outcomes. The judiciary, whose task it is to ensure absolute absence of bias, is well appraised of this problem and working on it.
Baroness Berridge (Con)
My Lords, I am currently serving on the Joint Committee scrutinising the draft Mental Health Bill. The Lammy Review made it clear that black and minority ethnic prisoners are more likely to have undiagnosed mental health issues, learning disabilities or autism. Will my noble friend the Minister confirm that the scheme of court liaison mental health practitioners being in all courts when people appear in front of them for the first time is going to be rolled out? Will priority be given to youth courts, as it is quite common for young offenders under 21 to have a patchy record in school, which is obviously one of the main places they would be diagnosed as having a learning disability or being autistic?
Lord Bellamy (Con)
I can give my noble friend the assurance that she seeks. Through the community sentence treatment requirements programme we are working with health agencies to improve access to mental health services for those who need them. In particular, liaison and diversion services are funded by the NHS and should now be present in all police custody suites and magistrates’ courts to provide early intervention for vulnerable people, acting as a point of referral and providing a prompt response to concerns raised by police, probation or youth offending teams. I hope that has addressed the question asked.