Asked by: Lord Touhig (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the number of female offenders who have experienced traumas such as domestic and sexual abuse; and what steps they intend to take to prevent the victims of such experiences from committing crimes.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The Female Offender Strategy, published in June 2018, recognised the impact that trauma can have on female offending. We know that almost 60% of female offenders have experienced domestic abuse. It was also found in a 2005/6 prisoner survey that female prisoners who report having experienced abuse as a child are more likely to report suffering sexual abuse (67%) than male prisoners who have experienced abuse (24%).
A key theme in our Female Offender Strategy, is the need for a joined-up and holistic approach to addressing the often-complex needs of female offenders, such as those provided by the multi-agency, Whole System Approach models. As part of the Strategy, we have invested £5m in community provision to support female offenders. This included £2 million to support female offenders who have experienced domestic abuse.
In the Victims Strategy, published in September 2018, we consider the experience of female offenders and have committed to developing a victim’s pathway for female offenders in England.
In Wales, we will also use trauma-informed approaches to support female offenders who are also victims and consider how we can intervene early for women who disclose they are victims of domestic abuse at the first point of contact with the justice system.
Asked by: Lord Touhig (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what they are doing to address sentence inflation following the average increase of three months over the past six years.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
Sentencing is a matter for our independent courts, which take into account the circumstances of each case, including any aggravating and mitigating factors. We are clear that sentencing must match the severity of a crime and we will always hold in prison those criminals whose offences are so grave that no other penalty will suffice.
Asked by: Lord Touhig (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government why there has been a decline in community service sentences; and how they intend to reverse this decline.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The proportion of offenders receiving a community sentence has gone down steadily since 2008 decreasing from 190,593 in the year ending September 2008 to 90,618 in the year ending September 2018. The decline in community sentences is in part due to the overall number of defendants sentenced falling by 14% (and falling by 35% for indictable offences) over the same period. There has also been a drop in the number of defendants coming to court, and the mix of offences has changed.
Sentencing decisions in individual cases are taken by our independent courts having regard to sentencing guidelines; the Sentencing Council has issued guidelines, which came into force in 2017, on the imposition of community and custodial sentences, to assist courts in deciding when a community sentence should be imposed. As part of our proposals for improving probation services we are considering how to improve the information that judges and magistrates get from probation services on the community sentences they deliver. We are also developing proposals to improve the quality of rehabilitative support offered by probation in the community and of pre-sentence advice to court, so that courts can better tailor community sentences to offenders’ rehabilitative needs.
Asked by: Lord Touhig (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government whether they intend to introduce psychiatric alternatives to prison, and other forms of sentences, for persons who have committed a crime because of their mental health condition; and if so, how.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
Liaison & Diversion services place clinical staff at police stations and courts to provide assessments and referrals to treatment and support. They are currently operating across 90% of England, with full roll out expected by 2020-21. For cases of severe mental illness, the Mental Health Act 1983 provides powers to divert an individual to hospital during the trial or at the point of sentencing. The Government commissioned an independent review of the Mental Health Act and welcomes the review’s findings (reported on 6 December 2018), to which we will respond in due course. Jointly with the Department of Health and Social Care, NHS England and Public Health England, we have developed a Community Sentence Treatment Requirement ‘Protocol’ to improve access to mental health and substance misuse services for offenders who need them. NHS England’s Long Term Plan, published on 7 January 2019, includes a commitment to expand current provision of the CSTR programme.
Sentencing decisions are a matter for our independent judiciary. The Government welcomes the independent Sentencing Council’s intention to develop an Overarching Principles: Mental Health Guideline and the Crown Prosecution Service public consultation (launched on 12 March) on revisions to guidance on the prosecution of individuals with mental health conditions or disorders.
Asked by: Lord Touhig (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government what estimates have been made of the number of children or vulnerable adults dependent upon individuals who have been refused bail and held on remand in the last 12 months.
Answered by Lord Faulks
When deciding whether to refuse bail the court has a duty to take into account any relevant considerations, which can include those relating to the defendant’s responsibilities for the care of children or other relatives. Whilst there are a number of estimates of the number of children affected by a parent being sent to custody there is no estimate of the number of children or vulnerable adults dependent on individuals remanded in custody.
Asked by: Lord Touhig (Labour - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty’s Government what provisions exist to ensure that appropriate care arrangements are in place for the dependants of individuals who are refused bail and held on remand.
Answered by Lord Faulks
The Government is examining practical measures to ensure that information about dependents of those sent to custody is identified and recorded. The Government has considered the case for a statutory duty on courts to inquire about the existence of dependents but remains concerned that such a duty would be impractical for the courts to operate and not be effective in encouraging defendants and offenders to disclose, as early as possible, the existence of dependents.