Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will take steps to ensure that road crash victims and their families receive adequate compensation and support following a successful defence of automatism.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
Automatism is a lawful defence in both civil and criminal cases and, where no agreement on liability and compensation for those injured in a road crash can be reached between a claimant and defendant, the courts will decide each case on its merits. Therefore, the Government currently has no plans to make changes in this area.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the rate of miscarriages of justice in relation to convictions under Joint Enterprise.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
No assessment has been made as the Ministry of Justice does not collate data on whether a prosecution or conviction relied on the doctrine of joint enterprise or whether an appeal in such a case resulted in a conviction being quashed or a sentence being changed. Such information may be held on court records but there are no means for this information to be collated centrally.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what plans he has to allow educational materials to be sent to prisoners.
Answered by Victoria Atkins - Secretary of State for Health and Social Care
Prisoners can access education materials directly from prison education providers. To mitigate the impact of COVID-19 restrictions, a range of education materials were developed to be used in-cell, which has helped to ensure learning has been able to continue during the pandemic. Prisoners are also able to access resources to support Higher Education provided by organisations such as the Open University and the Prisoners’ Education Trust.
Friends and family can send in books – either directly or via our published list of nine approved retailers. Governors must also consider allowing writing materials to be sent in when requested.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what plans does he have to ensure the protection of autistic and other neuro-diverse people in the justice system as it relates to Joint Enterprise convictions.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
The Ministry of Justice (MoJ) has not undertaken any recent assessment, nor does it have any forthcoming plans, to reform the law on joint enterprise. The Government continues to be of the view that it is for our independent courts to interpret the change to the law on joint enterprise which resulted from the Supreme Court’s decision in R v Jogee, a change that affected a narrow element of the law in this area, specifically that on parasitic accessory liability. The Government will, however, keep the law in this area under review.
The Ministry of Justice only collects information on how many defendants are prosecuted and convicted of specific criminal offences in any given year. Information is not collated on whether a prosecution or conviction relied on the doctrine of joint enterprise, nor is information collated in relation to appeals involving a case of joint enterprise. Such information may be held on court records but there is no means for this information to be collated centrally.
The Government is committed to ensuring that the Criminal Justice System (CJS) treats all those who encounter it fairly – including neurodivergent individuals. That is why the Ministry of Justice commissioned HM Inspectorate of Prisons and HM Inspectorate of Probation, with support from HM Inspectorate of Constabulary, Fire and Rescue Services (HMICFRS), to undertake an independent review of neurodiversity in the criminal justice system in December 2020. The main recommendation resulting from that review was to develop an overarching strategy together with people with personal experience of neurodivergence. Additionally, the Ministry of Justice also contributed to the Department of Health and Social Care’s refreshed cross-Government Autism Strategy to ensure that it included work to improve data capture on autism, and to increase – through training and awareness – the ability of prison and probation staff to better understand and support these individuals.
In sentencing an individual convicted of a crime, who may also have a mental health disorder, the courts must consider the circumstances of the offender’s case, including their culpability, the harm they caused or intended to cause, and any aggravating and mitigating factors. The courts have a statutory duty to follow any relevant sentencing guidelines and in 2020, the Sentencing Council for England and Wales published a new definitive guideline for sentencing offenders with mental health and developmental disorders and neurological impairments following public consultation. This guideline stipulates that, when assessing whether an offender’s impairment or disorder will have any impact on sentencing, the court should take an individualistic approach and focus on the issues in the case, recognising that levels of impairment caused by any condition will vary significantly between individuals.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what plans he has to reform the criminal law doctrine of Joint Enterprise.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
The Ministry of Justice (MoJ) has not undertaken any recent assessment, nor does it have any forthcoming plans, to reform the law on joint enterprise. The Government continues to be of the view that it is for our independent courts to interpret the change to the law on joint enterprise which resulted from the Supreme Court’s decision in R v Jogee, a change that affected a narrow element of the law in this area, specifically that on parasitic accessory liability. The Government will, however, keep the law in this area under review.
The Ministry of Justice only collects information on how many defendants are prosecuted and convicted of specific criminal offences in any given year. Information is not collated on whether a prosecution or conviction relied on the doctrine of joint enterprise, nor is information collated in relation to appeals involving a case of joint enterprise. Such information may be held on court records but there is no means for this information to be collated centrally.
The Government is committed to ensuring that the Criminal Justice System (CJS) treats all those who encounter it fairly – including neurodivergent individuals. That is why the Ministry of Justice commissioned HM Inspectorate of Prisons and HM Inspectorate of Probation, with support from HM Inspectorate of Constabulary, Fire and Rescue Services (HMICFRS), to undertake an independent review of neurodiversity in the criminal justice system in December 2020. The main recommendation resulting from that review was to develop an overarching strategy together with people with personal experience of neurodivergence. Additionally, the Ministry of Justice also contributed to the Department of Health and Social Care’s refreshed cross-Government Autism Strategy to ensure that it included work to improve data capture on autism, and to increase – through training and awareness – the ability of prison and probation staff to better understand and support these individuals.
In sentencing an individual convicted of a crime, who may also have a mental health disorder, the courts must consider the circumstances of the offender’s case, including their culpability, the harm they caused or intended to cause, and any aggravating and mitigating factors. The courts have a statutory duty to follow any relevant sentencing guidelines and in 2020, the Sentencing Council for England and Wales published a new definitive guideline for sentencing offenders with mental health and developmental disorders and neurological impairments following public consultation. This guideline stipulates that, when assessing whether an offender’s impairment or disorder will have any impact on sentencing, the court should take an individualistic approach and focus on the issues in the case, recognising that levels of impairment caused by any condition will vary significantly between individuals.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people have had their convictions under Joint Enterprise overturned since 2010.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
The Ministry of Justice (MoJ) has not undertaken any recent assessment, nor does it have any forthcoming plans, to reform the law on joint enterprise. The Government continues to be of the view that it is for our independent courts to interpret the change to the law on joint enterprise which resulted from the Supreme Court’s decision in R v Jogee, a change that affected a narrow element of the law in this area, specifically that on parasitic accessory liability. The Government will, however, keep the law in this area under review.
The Ministry of Justice only collects information on how many defendants are prosecuted and convicted of specific criminal offences in any given year. Information is not collated on whether a prosecution or conviction relied on the doctrine of joint enterprise, nor is information collated in relation to appeals involving a case of joint enterprise. Such information may be held on court records but there is no means for this information to be collated centrally.
The Government is committed to ensuring that the Criminal Justice System (CJS) treats all those who encounter it fairly – including neurodivergent individuals. That is why the Ministry of Justice commissioned HM Inspectorate of Prisons and HM Inspectorate of Probation, with support from HM Inspectorate of Constabulary, Fire and Rescue Services (HMICFRS), to undertake an independent review of neurodiversity in the criminal justice system in December 2020. The main recommendation resulting from that review was to develop an overarching strategy together with people with personal experience of neurodivergence. Additionally, the Ministry of Justice also contributed to the Department of Health and Social Care’s refreshed cross-Government Autism Strategy to ensure that it included work to improve data capture on autism, and to increase – through training and awareness – the ability of prison and probation staff to better understand and support these individuals.
In sentencing an individual convicted of a crime, who may also have a mental health disorder, the courts must consider the circumstances of the offender’s case, including their culpability, the harm they caused or intended to cause, and any aggravating and mitigating factors. The courts have a statutory duty to follow any relevant sentencing guidelines and in 2020, the Sentencing Council for England and Wales published a new definitive guideline for sentencing offenders with mental health and developmental disorders and neurological impairments following public consultation. This guideline stipulates that, when assessing whether an offender’s impairment or disorder will have any impact on sentencing, the court should take an individualistic approach and focus on the issues in the case, recognising that levels of impairment caused by any condition will vary significantly between individuals.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the effectiveness of Joint Enterprise as a doctrine of criminal law.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
The Ministry of Justice (MoJ) has not undertaken any recent assessment, nor does it have any forthcoming plans, to reform the law on joint enterprise. The Government continues to be of the view that it is for our independent courts to interpret the change to the law on joint enterprise which resulted from the Supreme Court’s decision in R v Jogee, a change that affected a narrow element of the law in this area, specifically that on parasitic accessory liability. The Government will, however, keep the law in this area under review.
The Ministry of Justice only collects information on how many defendants are prosecuted and convicted of specific criminal offences in any given year. Information is not collated on whether a prosecution or conviction relied on the doctrine of joint enterprise, nor is information collated in relation to appeals involving a case of joint enterprise. Such information may be held on court records but there is no means for this information to be collated centrally.
The Government is committed to ensuring that the Criminal Justice System (CJS) treats all those who encounter it fairly – including neurodivergent individuals. That is why the Ministry of Justice commissioned HM Inspectorate of Prisons and HM Inspectorate of Probation, with support from HM Inspectorate of Constabulary, Fire and Rescue Services (HMICFRS), to undertake an independent review of neurodiversity in the criminal justice system in December 2020. The main recommendation resulting from that review was to develop an overarching strategy together with people with personal experience of neurodivergence. Additionally, the Ministry of Justice also contributed to the Department of Health and Social Care’s refreshed cross-Government Autism Strategy to ensure that it included work to improve data capture on autism, and to increase – through training and awareness – the ability of prison and probation staff to better understand and support these individuals.
In sentencing an individual convicted of a crime, who may also have a mental health disorder, the courts must consider the circumstances of the offender’s case, including their culpability, the harm they caused or intended to cause, and any aggravating and mitigating factors. The courts have a statutory duty to follow any relevant sentencing guidelines and in 2020, the Sentencing Council for England and Wales published a new definitive guideline for sentencing offenders with mental health and developmental disorders and neurological impairments following public consultation. This guideline stipulates that, when assessing whether an offender’s impairment or disorder will have any impact on sentencing, the court should take an individualistic approach and focus on the issues in the case, recognising that levels of impairment caused by any condition will vary significantly between individuals.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what discussions he has had with the Department of Health and Social Care on the development of the cross-government strategy on mental health.
Answered by Tom Pursglove - Minister of State (Minister for Legal Migration and Delivery)
The Department of Health and Social Care (DHSC) plans to launch a public discussion paper this Spring to inform the development of a new longer-term plan for improving mental health and wellbeing. This will enable a series of wide-ranging and ambitious conversations about the potential solutions available, both within and beyond government and the NHS.
My department has, and will continue, to work with DHSC to ensure that the needs of those in contact with the criminal justice system, both victims and offenders, are embedded into the development of this plan. Minister Atkins is also an active member of the ministerial group responsible for overseeing the development of the plan.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment has he made of the potential impact of proposed reforms to the Human Rights Act on human rights protections in the UK.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
Our proposals to replace the Human Rights Act with a Bill of Rights would tackle the abuse of the human rights framework and restore some common sense to our justice system. We want to ensure there is a proper balance between the rights of individuals, our national security and effective government.
Asked by: Barry Sheerman (Labour (Co-op) - Huddersfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what data his Department holds on the proportion of cases in which legal aid was used for applications for leave to appeal against conviction or sentence in each year between 2016 and 2022.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
The Department does not record data on the proportion of cases in which legal aid was used for applications for leave to appeal against conviction or sentence in the Court of Appeal (Criminal Division).