Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what information they, or prison authorities, hold on the volume and value of claims by persons held in custody against (1) prison authorities, and (2) independent insurers (where prison authorities are made aware of the insurance claims).
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 4 March 2024, there were 3,828 open claims by prisoners against His Majesty’s Prison & Probation Service (HMPPS). The nominal amount of claims against HMPPS is of the order of £62 million but that figure is not indicative of any ultimate liability. HMPPS does not hold data on claims made by prisoners against independent insurers. The number and value of claims has remained fairly consistent over recent years. A significant number of open claims and proportion of the total value of claims are historic and relate to incidents that are alleged to have occurred in the 1960s, 1970s and 1980s.
HMPPS successfully defends around two-thirds of all litigation cases brought by prisoners. Where damages are awarded to prisoners, we seek to ensure that payments are offset against any outstanding debts owed to victims and the courts.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many men aged (1) 70–72, (2) 73–75, (3) 76–79, and (4) 80 and above, were held in prisons nationally in each year since 2010; and of those, how many in each age category were diagnosed with progressive dementia.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
Annual data on the number of men in prison in the specified age groups are set out in the table attached. Information about prisoners diagnosed with dementia is collected by the NHS. It is not collated in the form requested and could not be provided without incurring disproportionate cost.
Health services for those in custody, including dementia support, are the responsibility of the NHS, which is required to provide services of a standard equivalent to that which is available to the general population.
HMPPS works in partnership with the NHS and Adult Social Care services to support prisoners with dementia. Examples include awareness training for staff, cognitive exercises such as reminiscence activities, and cognitive stimulation therapy. Additionally, the Ministry of Justice has published guidance on the circumstances under which applications can be made for prisoners to be considered for early release on compassionate grounds subject to specific criteria being met. This can be accessed on gov.uk or using the link provided: www.gov.uk/government/publications/early-release-on-compassionate-grounds-policy-framework.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what protocols exist governing the circumstances under which a person under the age of 16 can be subject to handcuff restraint.
Answered by Lord Wolfson of Tredegar
There are two settings in which a child aged 16 or under may be handcuffed: through interaction with the Police, or within a secure setting overseen by the Youth Custody Service.
Owing to the way in which police use of force data is collected, data is recorded on the number of times a tactic was used, not the number of unique events or people involved in incidents. 36,279 police handcuffing tactics were recorded for those aged under 18 in the year ending March 2020.
In 2019/20, in Young Offender Institutions and Secure Training Centres handcuffs were applied to children under the age of 16 on 117 occasions, involving 63 different individual children.
Any use of force, including the use of handcuffs by the Police or within a secure setting, must be reasonable and necessary in the circumstances, proportionate to the threat posed and only the minimum force necessary may be used.
The College of Policing is responsible for setting the standards and training to which police operate. Guidance on the use of force and restraint by the police is set out in the College of Policing Authorised Professional Practice, which includes guidance on how to deal with vulnerable people.
In Young Offender Institutions and Secure Training Centres, handcuffs are one of a range of approved restraint techniques. Handcuffs are used as an ethical and safer alternative to physical restraint technique. The use of handcuffs must always be reasonable and proportionate, and with the aim of preventing harm occurring to the young person or others. A report must be made every time handcuffs are used.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what estimate they have made of the number of children under the age of 16 who have been subject to handcuff restraint in the last 12 month period for which statistics are available.
Answered by Lord Wolfson of Tredegar
There are two settings in which a child aged 16 or under may be handcuffed: through interaction with the Police, or within a secure setting overseen by the Youth Custody Service.
Owing to the way in which police use of force data is collected, data is recorded on the number of times a tactic was used, not the number of unique events or people involved in incidents. 36,279 police handcuffing tactics were recorded for those aged under 18 in the year ending March 2020.
In 2019/20, in Young Offender Institutions and Secure Training Centres handcuffs were applied to children under the age of 16 on 117 occasions, involving 63 different individual children.
Any use of force, including the use of handcuffs by the Police or within a secure setting, must be reasonable and necessary in the circumstances, proportionate to the threat posed and only the minimum force necessary may be used.
The College of Policing is responsible for setting the standards and training to which police operate. Guidance on the use of force and restraint by the police is set out in the College of Policing Authorised Professional Practice, which includes guidance on how to deal with vulnerable people.
In Young Offender Institutions and Secure Training Centres, handcuffs are one of a range of approved restraint techniques. Handcuffs are used as an ethical and safer alternative to physical restraint technique. The use of handcuffs must always be reasonable and proportionate, and with the aim of preventing harm occurring to the young person or others. A report must be made every time handcuffs are used.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of whether the provisions of the Defamation (Operators of Websites) Regulations 2013 (1) are enforceable, and (2) have been enforced in relation to the operation of TripAdvisor in the UK.
Answered by Lord Keen of Elie
The Defamation (Operators of Websites) Regulations 2013 set out detailed provisions regarding the operation of the defence against liability for defamation created by section 5 of the Defamation Act 2013 for website operators hosting user-generated content. It is for the parties involved to decide whether to follow the procedures specified, which are not obligatory. No information is held on how the provisions have been used in the case of individual website operators.
The Ministry of Justice intends to carry out a post-implementation review of the working of the Act and the Regulations in 2019. The Government has no plans to invite Ofcom to carry out a review of the Regulations.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government whether they will encourage Ofcom to conduct a review into the application of the Defamation (Operators of Websites) Regulations 2013 to services provided by TripAdvisor in the UK.
Answered by Lord Keen of Elie
The Defamation (Operators of Websites) Regulations 2013 set out detailed provisions regarding the operation of the defence against liability for defamation created by section 5 of the Defamation Act 2013 for website operators hosting user-generated content. It is for the parties involved to decide whether to follow the procedures specified, which are not obligatory. No information is held on how the provisions have been used in the case of individual website operators.
The Ministry of Justice intends to carry out a post-implementation review of the working of the Act and the Regulations in 2019. The Government has no plans to invite Ofcom to carry out a review of the Regulations.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Ministry of Justice:
Her Majesty's Government how many persons have been convicted of a sexual offence other than rape in each of the last five years.
Answered by Lord Keen of Elie
The number of offenders found guilty of sexual offences, broken down to those found guilty of rape and of other sexual offences, in England and Wales, from 2012 to 2016 can be viewed in the table below.
Offenders found guilty at all courts of sexual offences, England and Wales, 2012 to 2016 (1)(2) | |||||||||||||||||
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Offence | 2012 | 2013 | 2014 | 2015 | 2016 | ||||||||||||
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All | 5,728 | 5,665 | 6,251 | 6,885 | 7,511 | ||||||||||||
of which |
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Rape | 1,145 | 1,121 | 1,164 | 1,297 | 1,352 | ||||||||||||
Others | 4,583 | 4,544 | 5,087 | 5,588 | 6,159 | ||||||||||||
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(1) The figures given in the table relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.
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Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Ministry of Justice:
Her Majesty's Government how many persons have been convicted of rape in each of the last five years.
Answered by Lord Keen of Elie
The number of offenders found guilty of sexual offences, broken down to those found guilty of rape and of other sexual offences, in England and Wales, from 2012 to 2016 can be viewed in the table below.
Offenders found guilty at all courts of sexual offences, England and Wales, 2012 to 2016 (1)(2) | |||||||||||||||||
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Offence | 2012 | 2013 | 2014 | 2015 | 2016 | ||||||||||||
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All | 5,728 | 5,665 | 6,251 | 6,885 | 7,511 | ||||||||||||
of which |
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Rape | 1,145 | 1,121 | 1,164 | 1,297 | 1,352 | ||||||||||||
Others | 4,583 | 4,544 | 5,087 | 5,588 | 6,159 | ||||||||||||
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(1) The figures given in the table relate to persons for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.
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Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government how much was paid in compensation to persons subject to (1) rape, and (2) other sexual offences, by the Criminal Injuries Compensation Board in each of the last five years; how many claims were made in each of those years in relation to those offences; and, of those claims, how many were successful.
Answered by Lord Keen of Elie
The Criminal Injuries Compensation Schemes contain a tariff of injuries in which payments are ascribed to particular injuries or offences. The Schemes provide that, in respect of sexual offences, the applicant may be entitled either to an award under the tariff that reflects the nature of the sexual offence or an award for the mental injury caused by the offence, whichever leads to the highest award. The Criminal Injuries Compensation Authority (CICA) administers the Schemes.
Asked by: Lord Campbell-Savours (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government on what basis the accumulation of evidence obtained during the polygraph test of a given sex offender meets the threshold test of the repeat of criminal actions warranting the furtherance of a custodial sentence.
Answered by Lord Faulks
The purpose of the polygraph is to check the compliance of high risk sexual offenders with their licence conditions and to monitor the risk they present to the public. It is also used to improve the way in which the offender is managed during release on licence.
An offender may be recalled if they fail to comply with the polygraph examination, attempt to ‘trick’ the test or if they disclose that they have failed to comply with their licence conditions.
The legislation for imposing the polygraph test on sexual offenders is enshrined in the Offender Management Act 2007. Section 30 of the Act specifically prohibits evidence of any matter mentioned in the polygraph being used in any proceedings against a released person for an offence in a criminal court.