Asked by: James Cartlidge (Conservative - South Suffolk)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether she plans to end the use of A to D ratings for the prisons system.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
There are currently no plans to end the use of A to D ratings for the prisons system.
Asked by: Caroline Voaden (Liberal Democrat - South Devon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many recalls to prison there were of people on licence in England and Wales in each of the last ten years for which figures are available; and what plans she has to reduce the number of recalls to prison.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
The number of recalls to custody recorded in the ten years from 2013 to 2023 is provided in the table below.
Recall Year | Number of Recalls |
2014 | 17,649 |
2015 | 21,467 |
2016 | 21,559 |
2017 | 21,915 |
2018 | 24,268 |
2019 | 26,503 |
2020 | 24,437 |
2021 | 22,105 |
2022 | 23,571 |
2023 | 27,820 |
The table above shows the number of recalls not the number of offenders – an offender may be recalled more than once.
The figures in these tables have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing. As such, figures are subject to change as information is updated.
Data source: Public Protection Unit Database (PPUD)
The Government’s absolute focus is on public protection. Offenders on licence can be swiftly recalled to prison if they breach their licence conditions in such a way as to indicate that their risk has increased and they are about to commit further offences. The recall of an offender to custody is an important public protection measure but our priority is to reduce reoffending and the risks presented by offenders, so that they do not need to be recalled in order to protect the public.
Additionally, HMPPS has issued guidance to the probation practitioners, to ensure all safe alternatives to recall are considered before a decision is taken to recall an offender. HMPPS has also re-invigorated the Secretary of State’s power to release recalled offenders following a risk assessed recall review without reference to the Parole Board.
With public protection as our top priority, we continue to work across government to ensure that we take the necessary steps to reduce the recall population and keep the system functioning safely.
Asked by: Caroline Voaden (Liberal Democrat - South Devon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the average caseload of probation officers in England and Wales was in each of the last ten years for which figures are available.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
The average caseload of Probation Officers has been calculated using data from the Workload Measurement Tool (WMT) and has been presented for the period July 2021 to June 2024. Data has been restricted to this period because the Probation Service unified in June 2021, with some Probation Officers and their caseload held by Community Rehabilitation Companies (CRCs) prior to this point. The Probation Service does not have access to data for caseload held by CRCs and so it would not be consistent to present a time series prior to June 2021.
Table One: Probation Officer average annual caseload across England and Wales
Period | Annual average caseload per Probation Officer |
July 21 – June 22 | 36.0 |
July 22 – June 23 | 37.1 |
July 23 – June 24 | 35.2 |
Notes
The data within the WMT are manually entered by Senior Probation Officers (SPOs) for those in their line management chain. These data are subject to inaccuracy as a result of the manual nature with which data are entered.
Annual average caseload per Probation Officer has been calculated by taking the average caseload on the last day of each month in that period (an average across the 12 months).
We are aware of data quality concerns regarding some of the data with some instances of cases being allocated to those who are not delivering caseload. There may be cases where staff who have left the Probation Service still appear to hold caseload on the WMT. Some staff on long-term absences (e.g. career breaks / long-term sickness) may still have a caseload allocated to them. There are also instances where those with no contracted hours are allocated cases without having an allocated capacity. Average caseload does not take into account the level of risk or complexity of cases, and this will have a large effect on the workload of Probation Officers.
Data have not been presented for the period prior to June 2021, the point at which unification of the Probation Service took place. Prior to June 2021, some Probation Officers and caseload were held by CRCs, data for which is not included in the WMT. It would not be consistent to present a time series of caseload per Probation Officer before and after unification.
Asked by: Mike Martin (Liberal Democrat - Tunbridge Wells)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many people will be released early from prison due to overcapacity in Kent in September 2024; and how many units of accommodation are available for those people.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
As the allocation process is still in progress, the total number of individuals in Kent to be released from custody at 40% of their standard determinate sentence is not yet known. It is also therefore not possible to ascertain how many units of accommodation would be needed.
Certain offences have been excluded from the SDS change. This includes sex offences irrespective of sentence length; serious violent offences with a sentence of four years or more; specified offences linked to domestic abuse irrespective of sentence length (including stalking, coercive or controlling behaviour and non-fatal strangulation); as well as offences concerning national security. The change will also not apply to sentences subject to release at the discretion of the Parole Board, or to offences which currently attract automatic release from a standard determinate sentence at the two-thirds point (certain serious sexual and violent offences).
Once released, offenders will be subject to the same set of strict license conditions that would have applied had they been released at a 50% automatic release point. They will be liable to recall to prison if they do not comply with these conditions, or are judged to be a risk to public safety.
Any who are at risk of being homeless upon release can be referred to H M Prison & Probation Service’s Community Accommodation Service, which can provide up to 12 weeks’ temporary accommodation, and we are working closely with the Ministry of Housing, Communities and Local Government to mitigate any impact on local authorities, as well as taking practical steps to minimise the chances that individuals are released homeless.
Asked by: John Hayes (Conservative - South Holland and The Deepings)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what estimate she has made of the number of people jailed for violent disorder offences this summer who will be released after serving 40% of their sentence.
Answered by Nicholas Dakin - Government Whip, Lord Commissioner of HM Treasury
The change to the automatic release point for eligible Standard Determinate Sentences (SDS40) is an ongoing change the Government was forced to introduce. We cannot predict who will enter custody or the sentences they will receive from the independent judiciary. Sentencing is complex and so factors including concurrent/consecutive sentences, sentence lengths, and particular offences will determine how long each offender spends in custody.
Certain offences have also been excluded from the SDS change. This includes sex offences irrespective of sentence length; serious violent offences with a sentence of four years or more; specified offences linked to domestic abuse irrespective of sentence length (including stalking, coercive or controlling behaviour and non-fatal strangulation); as well as offences concerning national security. The change will also not apply to sentences subject to release at the discretion of the Parole Board or to offences which currently attract automatic release from an SDS at the two-thirds point (certain serious sexual and violent offences).
Estimating the number of people jailed for violent disorder offences this summer who will be released after serving 40% of their sentence would therefore not be possible due to the complexities of sentencing which is ongoing.
Asked by: Abtisam Mohamed (Labour - Sheffield Central)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment her Department has made of the adequacy of the level of legal aid in the context of recent increases in the cost of living.
Answered by Heidi Alexander - Minister of State (Ministry of Justice)
Legal aid is a vital part of the justice system. It underpins our plans to build a justice system that works for victims, supports access to justice, and ultimately upholds the rule of law.
We are keen to understand the different ways the legal aid system can be improved to ensure each part works to the best of its ability. We will be carefully considering our options on the way forward including the evidence gathered over the past year on civil legal aid.
This Government understands the challenges related to legal aid eligibility and we are assessing the appropriate next steps. We are also seeking to implement changes to the means test that will extend the range of payments which may or must be disregarded from the legal aid means assessment.
Asked by: Shaun Davies (Labour - Telford)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what the average waiting time is for a trial at Shrewsbury Crown Court.
Answered by Heidi Alexander - Minister of State (Ministry of Justice)
We have interpreted waiting time to refer to the time between the date of sending a case to the Crown Court and the start of the substantive “main” Crown Court hearing.
The average (median) waiting time at Shrewsbury Crown Court in 2023 was 42 days, compared to 40 days nationally.
The Crown Court outstanding caseload remains one of the biggest challenges facing the Criminal Justice system. We want to make sure every victim has the swift access to justice they deserve, and we are committed to reducing the caseload and bringing waiting times down.
Asked by: Mary Glindon (Labour - Newcastle upon Tyne East and Wallsend)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what information her Department holds on the number of foreign nationals living overseas who were in receipt of (a) non-means and (b) non-merits tested legal aid in 2023.
Answered by Heidi Alexander - Minister of State (Ministry of Justice)
This information requested is not held centrally.
In making decisions about who qualifies for legal aid, the Legal Aid Agency must apply the provisions of the Legal Aid Sentencing and Punishment of Offenders Act 2012, and any regulations made under that Act. This legislation applies to any application for legal aid in connection with legal advice and proceedings in England and Wales. Where proceedings are before a court or tribunal in England or Wales, legal aid is available to individuals who qualify for services irrespective of their nationality or usual place of residence. As nationality is not a determinative factor in the availability of legal aid, it is not mandatory that this information is provided with an application for legal aid and nor is it specifically tracked or recorded by the Department.
Asked by: Jerome Mayhew (Conservative - Broadland and Fakenham)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many subpostmasters had their convictions quashed as a result of the Post Office (Horizon System) Offences Act.
Answered by Heidi Alexander - Minister of State (Ministry of Justice)
The Post Office (Horizon System) Offences Act 2024 quashed all convictions meeting the conditions in the Act immediately upon commencement on 24 May 2024.
Following the commencement of the Act, the Ministry of Justice has been working through data from a range of sources and spanning multiple decades to identify convictions that are in scope of the Act and notify individuals of this where possible. As of 6 September 2024, the Ministry of Justice has sent 178 letters to individuals notifying them that their convictions were quashed by the Act, covering a total of 506 convictions. More letters are being sent on a daily basis, and we aim to have issued letters to individuals with a known conviction by early November.
Asked by: Shaun Davies (Labour - Telford)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether she plans to allow Courts to impose cost orders on those who (a) plead and (b) are found guilty in order to recover the costs of (i) investigating the offence, (ii) bringing the case to Court and (iii) legal aid.
Answered by Heidi Alexander - Minister of State (Ministry of Justice)
Courts have wide ranging powers to impose cost orders on defendants and to recover some of the costs of investigating the offence and bringing the case to court. All such orders are at the discretion of the court, ensuring that they are just and reasonable, taking into account the means of the offender. The Legal Aid Agency is responsible for recovering contributions towards defendants’ legal aid costs from their income during the case and from their capital if they are convicted. Income contributions are returned to defendants who are acquitted.