Asked by: Andrea Jenkyns (Conservative - Morley and Outwood)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people who reside in Morley and Outwood constituency are awaiting trial.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
The Government is committed to supporting the recovery of the courts and our decisive action kept justice moving during the pandemic. Now that barristers have returned to work, we can work together to drive down the backlog and ensure victims see justice served sooner.
The Ministry of Justice publishes information on the number of outstanding cases at the magistrates’ court by Local Criminal Justice Board (LCJB) area in the Magistrates rdos tool and for outstanding cases at the Crown Court by LCJB area and Crown Court in the Crown Court rdos tool.
The data that is collated centrally does not include the addresses of individual defendants. This information may be held on court records but to examine individual court records would be of disproportionate costs.
Asked by: Andrea Jenkyns (Conservative - Morley and Outwood)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people are waiting to have their legal cases heard in court in (a) Morley and Outwood constituency and (b) West Yorkshire.
Answered by James Cartlidge - Minister of State (Ministry of Defence)
The tables below show the number of cases outstanding in West Yorkshire as at March 2021 in respect of Magistrates cases, Crown Court cases and family cases. We are unable to provide data in respect of the number of victims or defendants waiting for their cases to be heard or data specific to Morley and Outwood constituency. To obtain this data would incur disproportionate costs.
| Civil | Criminal-Non SJP | Criminal SJP | Enforcement |
Bradford Magistrates | 47 | 4,099 | 10,477 | 129 |
Kirklees Magistrates | 111 | 1,492 | 293 | 110 |
Leeds Magistrates | 70 | 5,127 | 3,911 | 285 |
Below are the number of outstanding family cases in the West Yorkshire courts.
Court Name | Private | Public |
Bradford | 501 |
|
Huddersfield | 310 |
|
Leeds | 811 | 597 |
Wakefield | 309 |
|
Location | Trials Outstanding | Sentencing Outstanding | Appeals Outstanding | Total outstanding | Defendants O/S (Trial cases) |
Court: BRADFORD CROWN | 771 | 146 | 67 | 984 | 898 |
Court: LEEDS CROWN | 1533 | 293 | 50 | 1876 | 1,870 |
Asked by: Andrea Jenkyns (Conservative - Morley and Outwood)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the judgment of 2 July 2021 in the case of FDJ v Secretary of State for Justice, what steps he is taking to prevent pregnancy in the female prison estate; and if he will make a statement.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
Sex between prisoners is not permitted. PSI 47/2011 - Prison Discipline Procedures - provides that engaging in sexual activity can lead to disciplinary charges. PSI 30/2013 - Incentives and Earned Privileges - requires prisoners to act ‘with decency at all times remembering prisons/cells are not private dwellings (this includes not engaging in sexual activity)’.
In the case that this question references, the HMPPS and MoJ policy ‘The Care and Management of Individuals who are Transgender’ was found to be lawful. This policy sets out the minimum mandatory requirements for managing transgender prisoners and offenders on probation. When managing transgender prisoners and making decisions regarding their location within the prison estate all risk information relating to each prisoner must be considered, including risk from others, risk to others and risk of self-harm. Where appropriate, this includes consideration of a prisoner’s sexual behaviours and relationships in a custodial setting and consideration of anatomy. This risk assessment process ensures that the safety, welfare and rights of all prisoners are protected.
Transgender prisoners continue to be managed via local case boards following any decision on prison location. This means that ongoing support can be provided as well as continuous risk assessment and mitigation, with any change in circumstances or risk prompting a re-referral to the Complex Case Board where location decisions can be revisited, as necessary.
Asked by: Andrea Jenkyns (Conservative - Morley and Outwood)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what progress has been made by the Midlands Coroner investigating the case of abortion pills being used at home at 28 weeks gestation in May 2020.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Ministry of Justice has responsibility for coroner law and policy but individual local authorities have operational responsibility for coroner services. Progress in the investigation of the case is a matter for the Senior Coroner concerned.
Asked by: Andrea Jenkyns (Conservative - Morley and Outwood)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to ensure that family lawyers sufficiently support victims of domestic abuse through the family courts process.
Answered by Kit Malthouse
The use of legal representation in family proceedings for victims of domestic abuse is governed by the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 which sets out that legal aid funded representation is available for domestic abuse victims in some private family proceedings, subject to providing the required evidence and meeting the means and merits tests. Whilst the legal profession in England and Wales is independent of government, all lawyers must comply with strict codes of conduct set by their independent regulators, such as the Bar Standards Board, the Solicitors Regulation Authority (SRA) and CILEx Regulation. These codes of conduct make clear that lawyers must act in the best interests of their clients at all times as well as honouring their responsibilities as officers of the court. For example, the SRA specifically provides guidance for legal professionals on expectations in dealing with victims of domestic abuse and vulnerable consumers.
For those victims who do not qualify for legal aid representation, we are providing £800k until 2022, to the Finding Legal Options for Women Survivors (FLOWS) project, run by RCJ advice. FLOWS provide free legal support to victims of domestic abuse who wish to apply for an emergency protective order from the courts. The funding is used to provide a helpline and email service for domestic abuse victims, where they can be referred to a legal aid solicitor to assist them with making their application. Victims can also receive free advice directly from FLOWS legal team if they are ineligible for legal aid.
This Government is committed to ensuring that everyone gets the timely support they need to navigate the justice system and is currently conducting a review of the means test for legal aid. This review is assessing the effectiveness with which the means test protects access to justice, and we are specifically considering the experiences of victims of domestic abuse, including where there has been economic abuse. As part of the review, we have explicitly committed to look at the capital thresholds for victims of domestic abuse, which will include considering how assets are assessed for means testing purposes. We plan to conclude the review in late 2021, at which point we will publish a full consultation paper setting out our future policy proposal.
The Domestic Abuse Act 2021 goes even further to support victims of domestic abuse that are proceeding through Family Courts. This Act prohibits cross-examination of victims by perpetrators. It also provides automatic eligibility for special measures for victims of domestic abuse . This includes the use of video links and screens so as victims do not have to see potential abusers.
As we implement DA Act provisions in the family courts, we will work with all professionals, including family lawyers, to ensure they are ready to support victims to benefit fully from additional measures as soon as they come into force.
Asked by: Andrea Jenkyns (Conservative - Morley and Outwood)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what comparative data his Department holds on the number of criminal cases involving domestic abuse in which there has been victim attrition in the year ending March (a) 2020 and (b) 2021.
Answered by Kit Malthouse
The Ministry of Justice (MoJ) does not hold data directly on “victim attrition”. No data is available centrally for the Magistrates Court. The closest data available relates to trials that are cracked due to witness absence/withdrawal at the Crown Court. A cracked trial refers to a trial that does not go ahead on the planned day as an outcome is reached in advance and so does not need to be re-scheduled. This occurs when either an acceptable plea is offered by the defendant, or the prosecution offers no evidence against the defendant.
Our data relates to ‘Violence against the person’ as opposed to ‘domestic abuse’, as a domestic abuse flag is not available within our datasets. Just over one-third (35%) of the 1,680,884 ‘violence against the person’ offences recorded by the police in England and Wales in the year ending March 2020 were domestic abuse-related (ONS, year ending March 2020).
As the next publication of this data is not until June, the PQ cannot be answered comparatively at this point. The MoJ can however provide alternative comparative data on the number of criminal cases involving ‘violence against the person’. The latest data relating to January-December 2019 and January-December 2020 was published in December 2020 and shows:
Asked by: Andrea Jenkyns (Conservative - Morley and Outwood)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to help victims of domestic abuse access support services in the criminal justice system.
Answered by Kit Malthouse
Addressing domestic abuse and improving support and outcomes for victims is a top priority for the government. In 2021-22, the Ministry of Justice will provide just under £151m for victim and witness support services. This includes an extra £51m to increase support for rape and domestic abuse victims, building on the emergency funding from the last financial year to help domestic abuse and sexual violence services meet Covid-driven demand. The funding will improve access to support services including local community based support for domestic violence victims and introducing over 400 Independent Domestic Violence Advisers (IDVAs).
Asked by: Andrea Jenkyns (Conservative - Morley and Outwood)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many judges attended training in relation to working on cases which involve domestic abuse in the most recent period for which figures are available; and whether that training was (a) delivered by specialist domestic abuse organisations and (b) evaluated for its effect on those who undertook that training.
Answered by Chris Philp - Minister of State (Home Office)
To preserve the independence of the judiciary, the Lord Chief Justice (LCJ), the Senior President of the Tribunals, and the Chief Coroner have statutory responsibility for judicial training, under the Constitutional Reform Act 2005, Courts and Enforcement Act 2007, and Coroners and Justice Act 2009 respectively. These responsibilities are exercised through the Judicial College. The judiciary and professional staff in the Judicial College are responsible for the design, content, and delivery of judicial training.
Judicial training in domestic abuse is included in family law and criminal courses run by the Judicial College. It is prioritised for induction and continuation training for judges. All judges must complete their induction training before they can hear such cases. During the 2020/21 training year all judges newly appointed to sit in crime and family received this training. The training is undertaken by judges of all levels, and speakers and tutors range from district judges to judges from the Court of Appeal and the training always includes lectures from academics and experts in psychiatry, psychology and other professions and agencies working to address domestic abuse.
The training reflects the wide nature of domestic abuse and covers all areas recognised by the Government as abuse, ranging from serious sexual and other assaults, emotional abuse, coercive and controlling behaviour, including financial coercion and control. Training is kept under constant review and is regularly updated to reflect latest developments.
Asked by: Andrea Jenkyns (Conservative - Morley and Outwood)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what training members of the judiciary have received on working on cases involving domestic abuse in the last 12 months.
Answered by Chris Philp - Minister of State (Home Office)
To preserve the independence of the judiciary, the Lord Chief Justice (LCJ), the Senior President of the Tribunals, and the Chief Coroner have statutory responsibility for judicial training, under the Constitutional Reform Act 2005, Courts and Enforcement Act 2007, and Coroners and Justice Act 2009 respectively. These responsibilities are exercised through the Judicial College. The judiciary and professional staff in the Judicial College are responsible for the design, content, and delivery of judicial training.
Judicial training in domestic abuse is included in family law and criminal courses run by the Judicial College. It is prioritised for induction and continuation training for judges. All judges must complete their induction training before they can hear such cases. During the 2020/21 training year all judges newly appointed to sit in crime and family received this training. The training is undertaken by judges of all levels, and speakers and tutors range from district judges to judges from the Court of Appeal and the training always includes lectures from academics and experts in psychiatry, psychology and other professions and agencies working to address domestic abuse.
The training reflects the wide nature of domestic abuse and covers all areas recognised by the Government as abuse, ranging from serious sexual and other assaults, emotional abuse, coercive and controlling behaviour, including financial coercion and control. Training is kept under constant review and is regularly updated to reflect latest developments.
Asked by: Andrea Jenkyns (Conservative - Morley and Outwood)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps his Department is taking to build partnerships with charities, similar to its partnership with The Clink, to reduce rates of reoffending.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
Our relationship with the third sector is an important part of our work to reduce rates of reoffending. We have and continue to build strong partnerships with charities both at a national and local level.
This includes The Clink, which will expand its partnership with HMPPS over the next three years, extending an award training scheme that has been available in five prisons to an additional 70. Other examples include our partnership with Recycling Lives. This provides training and work experience in eight prison-based workshops, supporting men and women into employment on release. We have also empowered prison governors to establish relationships with local charities to help meet the needs of the men and women in their care.
Our partnership work with charities is built into the way we develop policy. The Reducing Reoffending Third Sector Advisory Group (RR3) is a formal advisory group to the Ministry of Justice (MoJ) and Her Majesty’s Prison and Probation Service (HMPPS). The RR3 provides valuable advice to Ministers and officials on a range of issues linked to reducing reoffending, from mental health and substance misuse to employment.
We continue to explore new ways of working. The Prison Leavers Project, announced in February 2021, will see test cross-sector approaches to reducing reoffending, working with colleagues from across the public and third sector to test new ideas and ways of working.