Asked by: Karl Turner (Labour - Kingston upon Hull East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what estimate his Department has made of the duration of hearings required to determine whether an offence is likely to attract a custodial sentence of three years or more.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Criminal cases will continue to start in the magistrates’ court and will be sent to the Crown Court by magistrates where the seriousness or complexity of the case means it is more suitable for trial on indictment.
Post reforms, to determine whether a triable either-way case is eligible for trial in the Crown Court Bench Division, a Crown Court judge will assess whether the case is likely to attract a custodial sentence of three years or less. The process for allocations in the Crown Court will be similar to the existing approach used in the magistrates’ courts. We have full confidence in our judiciary to apply the Sentencing Guidelines appropriately when deciding the mode of trial. Eligibility for the Crown Court Bench Division will be assessed at the first opportunity a defendant has to enter a plea – normally the plea and trial preparation hearing where the judge will consider mode of trial among other case management factors to ensure the case is ready for trial.
Asked by: Karl Turner (Labour - Kingston upon Hull East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, which (a) court and (b) judicial body will determine whether an offence is likely to attract a custodial sentence of three years or more for the purposes of allocating the mode of trial.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Criminal cases will continue to start in the magistrates’ court and will be sent to the Crown Court by magistrates where the seriousness or complexity of the case means it is more suitable for trial on indictment.
Post reforms, to determine whether a triable either-way case is eligible for trial in the Crown Court Bench Division, a Crown Court judge will assess whether the case is likely to attract a custodial sentence of three years or less. The process for allocations in the Crown Court will be similar to the existing approach used in the magistrates’ courts. We have full confidence in our judiciary to apply the Sentencing Guidelines appropriately when deciding the mode of trial. Eligibility for the Crown Court Bench Division will be assessed at the first opportunity a defendant has to enter a plea – normally the plea and trial preparation hearing where the judge will consider mode of trial among other case management factors to ensure the case is ready for trial.
Asked by: Dan Aldridge (Labour - Weston-super-Mare)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he will take steps to ensure that individuals seeking a divorce are automatically eligible for legal aid in cases where evidence demonstrates that a child of the family has been subjected to abuse.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
This Government recognises that legal aid – a vital part of the justice system – supports the ability of individuals to access publicly funded legal assistance to uphold their legal rights.
Legal aid is available for private family proceedings, such as divorce and financial remedy proceedings, if an adult is a victim of domestic abuse or at risk of being abused. Funding is subject to providing the required evidence of domestic abuse and passing the means and merits tests. The Government recognises that abuse may include behaviour directed at a third party, for example the victim’s child, to influence the victim. In May 2025, we amended the legislation to explicitly reflect this definition of domestic abuse; it now reflects the definition of domestic abuse from the Domestic Abuse Act 2021, and it clarifies that behaviour, violence or abuse between individuals may consist of or include behaviour, violence or abuse directed at another individual.
Legal aid is available for individuals for some private family orders, such as child arrangement orders or prohibited steps orders, if the child who is the subject of the order is a victim of child abuse or at risk of abuse. This is subject to providing evidence of child abuse and passing the means and merits tests.
The Government monitors legal aid provision and is carefully considering the criteria that govern financial eligibility for legal aid.
Where an issue falls outside the scope of legal aid, eligible individuals may be able to obtain Exceptional Case Funding where they can show that, without the provision of legal aid, there is a risk that their human rights may be breached.
Asked by: Abtisam Mohamed (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of the availability of free or pro-bono legal support for leaseholders involved in disputes with property management agents or freeholders.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
There are a range of options available for leaseholders involved in disputes with property management agents or freeholders. Advice organisations, such as Citizens Advice and Shelter, may be able to provide advice or signpost to further support, and leaseholders may be able to get support from organisations that specialise in leasehold issues, such as the Leasehold Advisory Service. Alternatively, ombudsman services may be able to provide support with resolving a dispute. Leaseholders may choose to seek pro bono advice via organisations such as LawWorks or Advocate.
Asked by: Joshua Reynolds (Liberal Democrat - Maidenhead)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of the process for assigning judges to cases involving legal challenges to Government decisions.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Under section 7(2)(c) of the Constitutional Reform Act 2005, the Lady Chief Justice is responsible for the maintenance of appropriate arrangements for the deployment of the judiciary and the allocation of work within courts. Accordingly, the Government has no role in the process for assigning judges to cases.
This is consistent with the important principle of judicial independence, which shields judges from external pressures and gives the public confidence that cases will be decided fairly and in accordance with the law.
Asked by: Lord Bradley (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government on how many occasions pelargonic acid vanillylamide (PAVA) incapacitant spray has been (1) drawn, and (2) drawn and deployed in prisons in 2024 and 2025; and what was the (a) ethnicity, (b) religion, and (c) disability status of the prisoner involved in each case.
Answered by Lord Timpson - Minister of State (Ministry of Justice)
Data relating to the use of PAVA broken down by disability comes from internal management information that is under development. It is not quality assured and does not meet the standard required for publication.
The table below provides information on the use of PAVA broken down ethnicity and religion.
| 2024 | 2024 Total | 2025 | 2025 YTD Total* | |||
Drawn and used | Drawn not used | Drawn and used | Drawn not used | ||||
Ethnicity | Asian | 93 | 36 | 129 | 121 | 35 | 156 |
Black | 543 | 187 | 730 | 524 | 193 | 717 | |
Mixed | 166 | 65 | 231 | 159 | 71 | 230 | |
Other | 23 | 25 | 48 | 32 | 12 | 44 | |
White | 460 | 270 | 730 | 518 | 308 | 826 | |
White: Gypsy/Roma/Irish Traveller | 29 | 14 | 43 | 20 | 23 | 43 | |
Unknown | 17 | 3 | 20 | 5 | 1 | 6 | |
Religion | Christian | 533 | 258 | 791 | 531 | 253 | 784 |
Muslim | 522 | 211 | 733 | 550 | 227 | 777 | |
No Religion | 219 | 103 | 322 | 241 | 123 | 364 | |
Other | 57 | 27 | 84 | 55 | 39 | 94 | |
Unknown | - | 1 | 1 | 2 | 1 | 3 | |
Grand Total | 1,331 | 600 | 1,931 | 1,379 | 643 | 2,022 | |
Please note that the 2025 figures represent data to 30 November this year. Figures include each time a prisoner is impacted by a PAVA incident. This means each time PAVA is drawn and used/drawn not used, multiple prisoners may be counted. In addition, the same prisoner may be counted more than once if involved in multiple incidents.
Figures provided have been drawn from HMPPS Management Information which has not passed through the quality assurance processes usually associated with official statistics published on gov.uk and may contain incomplete or, on rare occasions, inaccurate data.
Pelargonic acid vanillylamide incapacitant (PAVA) spray is made available to protect staff and prisoners in the event of serious violence, or where there is an imminent risk of serious violence. Clear guidance has been issued to staff, to ensure it is used only where appropriate. Our hardworking prison officers are brave public servants doing exceptionally difficult jobs, this Government will do everything we can to keep them safe.
Asked by: Martin Wrigley (Liberal Democrat - Newton Abbot)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an assessment of the potential impact of the (a) discontinuement and (b) funding freeze of the Rape and Sexual Abuse Support Fund on waiting lists.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
My Department is committed to the Government’s pledge to halve Violence Against Women and Girls (VAWG) in a decade. We have committed £550 million to victim support services over the next three years – the biggest investment in victim support services to date.
On 1 December 2025, all recipients of the Rape and Sexual Abuse Support Fund (RASASF) received confirmation that their Ministry of Justice grants will be extended for two years until March 2028, with a 2% year-on-year uplift. Given this, there will be no impacts on waiting lists as funding has not been discontinued or frozen.
Asked by: Martin Wrigley (Liberal Democrat - Newton Abbot)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when her department plans to confirm allocations for the Rape and Sexual Abuse Support Fund for 2026/27.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
My Department is committed to the Government’s pledge to halve Violence Against Women and Girls (VAWG) in a decade. We have committed £550 million to victim support services over the next three years – the biggest investment in victim support services to date.
On 1 December 2025, all recipients of the Rape and Sexual Abuse Support Fund (RASASF) received confirmation that their Ministry of Justice grants will be extended for two years until March 2028, with a 2% year-on-year uplift. Given this, there will be no impacts on waiting lists as funding has not been discontinued or frozen.
Asked by: Lee Anderson (Reform UK - Ashfield)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people have been convicted of spiking in each of the last five years.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
Incidents of spiking may be prosecuted under various criminal offences. These offences encompass a broad spectrum of criminal behaviours, not all of which constitute spiking.
The Ministry of Justice does not currently collate statistics which show the number of individuals who are charged and subsequently prosecuted and convicted of offences which relate to incidents of spiking. The Government is, however, considering options to improve the way spiking crimes are recorded and collated with the aim of capturing better data to help advise preventative strategies for spiking where needed.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has made an assessment of the potential merits of providing long-term funding for specialist sexual violence and abuse services.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
My Department is committed to the Government’s pledge to halve Violence Against Women and Girls (VAWG) in a decade. We have committed £550 million to victim support services over the next three years – the biggest investment in victim support services to date.
The 42 Police and Crime Commissioners (PCCs) in England and Wales receive annual grant funding from the Department’s victim and witness budget to commission local practical, emotional, and therapeutic support services for victims of all crime types. This includes services for victims of sexual abuse. In addition, MoJ provides funding through the Rape and Sexual Abuse Support Fund to over 60 specialist organisations, supporting victims of all ages to cope with their experiences and move forward with their lives.
On 1 December 2025, all PCCs and RASASF recipients received confirmation that their grants will be extended for two years until March 2028, with a 2% year-on-year uplift.
In light of the announcement to abolish the PCC function in May 2028, we have held back confirmation of year three funding. This enables us to explore changes to the longer-term delivery of victims funding to ensure this is delivered in the best way in the future. This will include extensive engagement with partners, including PCCs and RASASF recipients, to ensure we can continue to provide the right support to victims.