Asked by: Emma Lewell-Buck (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department collects data on the use of personal safety techniques on children in young offender institutions and secure training centres.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The Youth Custody Service does collect data on the use of personal safety techniques. The reasons for using these techniques are outlined in Prison Service Instruction 30/2015 (Amendment to Use of Force Prison Service Order 1600). The department publishes data on the use of force, and Non-Minimising and Managing Physical Restraint on young people in custody. The data is published annually and can be found via the link below. https://www.gov.uk/government/statistics/youth-justice-statistics-2017-to-2018 The safety and welfare of young people held in custody is our highest priority. Restraint is only ever used as a last resort, where there is a risk of harm, and no other form of intervention is possible or appropriate. Every incident of restraint, including those involving personal safety techniques is reviewed individually by Her Majesty’s Prison and Probation Service (HMPPS) staff to consider whether any lessons can be learned for the future. Charlie Taylor has been asked to review the Department’s policy on the use of pain-inducing techniques in the restraint of children and young people in the secure estate to ensure that our approach remains appropriate for the youth estate and in line with the latest research. He is due to report back to Ministers with his findings in the coming months. |
Asked by: Emma Lewell-Buck (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department collects data on the reasons for non-Minimising and Managing Physical Restraint techniques being used on children in young offender institutions and secure training centres.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The Youth Custody Service does collect data on the use of personal safety techniques. The reasons for using these techniques are outlined in Prison Service Instruction 30/2015 (Amendment to Use of Force Prison Service Order 1600). The department publishes data on the use of force, and Non-Minimising and Managing Physical Restraint on young people in custody. The data is published annually and can be found via the link below. https://www.gov.uk/government/statistics/youth-justice-statistics-2017-to-2018 The safety and welfare of young people held in custody is our highest priority. Restraint is only ever used as a last resort, where there is a risk of harm, and no other form of intervention is possible or appropriate. Every incident of restraint, including those involving personal safety techniques is reviewed individually by Her Majesty’s Prison and Probation Service (HMPPS) staff to consider whether any lessons can be learned for the future. Charlie Taylor has been asked to review the Department’s policy on the use of pain-inducing techniques in the restraint of children and young people in the secure estate to ensure that our approach remains appropriate for the youth estate and in line with the latest research. He is due to report back to Ministers with his findings in the coming months. |
Asked by: Emma Lewell-Buck (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment his Department has made of the effect on the wellbeing of victims of sexual assault of undergoing cross-examination during the court process.
Answered by Edward Argar - Minister of State (Ministry of Justice)
In the Government’s first ever cross-government Victim’s Strategy, we committed to make the court environment more victim friendly and to improve access to special measures.
Victims may be provided with a wide range of special measures to help them give their best evidence in court. The measures available include the power for a court to order arrangements for live video links, video recorded evidence in chief, and screens around the witness box, and from this summer an additional special measure - pre-recorded cross-examination - will be will be available for witnesses who are adult complainants in sexual offences, in three courts - Liverpool, Leeds and Kingston upon Thames. This marks delivery of another commitment in the Victims Strategy published in September 2018.
Asked by: Emma Lewell-Buck (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has made an assessment of the potential effect on victims of historical child sexual abuse of providing them with an alternative to court proceedings involving a jury trial.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Tackling historical sexual abuse and bringing perpetrators to justice is a government priority. It is vital that victims are provided with support to cope and recover from the impact of crime, regardless of whether they choose to report the crime to the police.
The right of defendants in Crown Court cases to be tried by their peers is a fundamental part of our justice system and the government has no plans to interfere with it.
Asked by: Emma Lewell-Buck (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether advice and training is in place for jury members deciding on cases of historical childhood sexual abuse; and if he will make a statement.
Answered by Paul Maynard - Parliamentary Under-Secretary (Department for Work and Pensions)
Juries are randomly selected, independent and make decisions purely on the basis of the facts presented to them by the prosecution and defence. Jury members receive no advice or training prior to being called to serve on any case. However, they are guided and supported by the trial judge who advises them on the relevant points of law and reminds them of their role.
Judges hearing serious sex offence cases are required to have specialist training and specific instructions on how to direct the jury in sexual offence cases are available.
There is guidance provided to judges in the Crown Court Compendium (a publicly available document) as to what directions may be given to juries in appropriate circumstances.
https://www.judiciary.uk/publications/crown-court-compendium-published-december-2018/
Asked by: Emma Lewell-Buck (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, under what circumstances in cases involving historical sexual abuse are victims entitled to legal representation.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The Government’s first ever cross-government Victims Strategy outlines our commitments to victims of crime.
The Crown Prosecution Service is responsible for the prosecution of criminal cases. Victims of crime are not separately represented in criminal trials.
Victims of historic sexual abuse have access to an independent sexual violence adviser (ISVA). The ISVA’s role is to ensure the victim receives the right support before, during and after legal proceedings. As part of proceedings, a victim may be called to give evidence as a witness for the prosecution. ISVAs will work alongside the Court-Based Witness Service to support the victim to give their best evidence and participate in the court process.
In April this year, the Ministry of Justice awarded £8m in funding to rape support centres to provide emotional and practical support to victims of sexual violence and historic sexual abuse, including the provision of ISVA services. We also provided a grant of £11.2m to Citizens Advice for the delivery of the Court-Based Witness Service.
Asked by: Emma Lewell-Buck (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, under what circumstances in cases involving historical sexual abuse are victims entitled to have character references used in their defence.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Tackling historical sexual abuse and bringing perpetrators to justice is a government priority.
Some victims of historical sexual abuse may be called to give evidence in criminal trials however a victim is not a party to a criminal case, as the Crown prosecutes. Victims and witnesses are not required to defend themselves or provide evidence to support their statements.
Rules of evidence do not permit the Crown to call evidence of the good character of a prosecution witness in order to bolster their credibility where it is not relevant to an issue in the case.
If the defendant attacks the character of a witness, evidence of the defendant’s bad character may be admissible as evidence.
Asked by: Emma Lewell-Buck (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what protections exist for victims of historical sexual abuse where the perpetrator remains living in the victim's locality.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Protection orders are an important tool for keeping victims safe and preventing the continuation or escalation of violence.
Protections for victims of sexual offences, including historic abuse include:
Additionally, the Victim Contact Scheme is available to victims of violent and sexual offences where the offender receives a sentence of 12 months or more. The scheme provides victims with information and advice about the criminal justice process – including being kept informed of key stages of the offender's sentence and to advise on victim-related conditions that can be attached to the offender's release licence. Conditions can be around non-contact or excluding the offender from entering specific locations such as areas where the victim lives or works. The offender risks being recalled to prison should they breach any licence conditions.
Asked by: Emma Lewell-Buck (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what guidance and training barristers receive on the cross-examination of victims of historical sexual abuse.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Inns of Court College of Advocacy (ICCA) has developed specialist training for all advocates who question witnesses in cases of a serious sexual nature involving vulnerable adults and children. The training programme goes beyond victims of serious sexual offences. It aims to ensure all advocates understand the key principles of how to approach and question vulnerable people in the justice system
As set out in the Government’s Victims Strategy, the training programme delivers the manifesto commitment: “Publicly funded advocates will have specialist training in handling victims before taking on serious sexual offences” and goes beyond that commitment. Training is available to all advocates, not just those working on publicly funded cases.