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1171792

	registered interest
	date	20/01/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what specific offences are categorised as a hate crime; and what are the criteria for such categorisation.
	tabling member printed	Lord Browne of Belmont
	uin	HL554
	answer	answer is ministerial correction date of answer 29/01/2020 answer text <p>The law responds to hate crime in four ways by:</p><ul><li>providing for additional “aggravated” offences with longer sentences in the Crime and Disorder Act 1998 if an offender demonstrated hostility or was motivated by hostility based on race or religion.</li><li>prohibiting conduct that is likely to stir up hatred on grounds of race, or intended to do so on grounds of religion or sexual orientation in the Public Order Act 1986.</li><li>providing for enhanced sentencing under sections 145 and 146 of the Criminal Justice Act 2003 if hostility is motivated by any of the five protected characteristics: disability, transgender status, race, religion or sexual orientation; and</li><li>providing Sentencing guidelines. Section 125(1) of the Coroners and Justice Act 2009 requires that a sentencing judge must follow any sentencing guideline which is relevant to their case. This includes, for example, consideration of whether the offence was motivated by racial or religious hostility, or if it was motivated by or demonstrated hostility towards the victim based on one or more of several of the victim’s characteristics: age, sex, gender identity (or presumed gender identity), disability (or presumed disability) or sexual orientation.</li></ul><p>The Government have invited the Law Commission to review the law relating to hate crime and to make recommendations to the Government for its reform. The review began in March 2019.</p><p> </p><p>Specifically, the Law Commission have been asked to consider the current range of offences and aggravating factors in sentencing, and to make recommendations on the most appropriate models to ensure that the criminal law provides consistent and effective protection from conduct motivated by hatred towards protected groups or characteristics. The review will also take account of the existing range of protected characteristics, identifying any gaps in the scope of protection currently offered under the law and making recommendations to promote a consistent approach.</p><p> </p><p>The Law Commission plan to issue a consultation on this matter in early 2020. Further information on the review can be found on the Law Commission webpage at: <a href="https://www.lawcom.gov.uk/project/hate-crime/" target="_blank">https://www.lawcom.gov.uk/project/hate-crime/</a></p> answering member printed Lord Keen of Elie question first answered 29/01/2020 13:53:46 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3801 label Biography information for Lord Browne of Belmont

1172303

	registered interest
	date	21/01/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Judges: Disciplinary Proceedings
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, how many Deputy District Judges have been subject to disciplinary action in each of the last 10 years; and what the (a) reason and (b) outcome was of that action.
	tabling member constituency	Dartford
	tabling member printed	Gareth Johnson
	uin	6075
	answer	answer is ministerial correction date of answer 29/01/2020 answer text <p>The Judicial Conduct Investigations Office (JCIO) publishes statements, on behalf of the Lord Chancellor and the Lord Chief Justice, about judicial disciplinary cases which have resulted in a sanction on its website at: <a href="https://judicialconduct.judiciary.gov.uk/disciplinary-statements/2020/" target="_blank">https://judicialconduct.judiciary.gov.uk/disciplinary-statements/2020/</a></p><p>Additionally, for 2013/14-2018/19, data about judicial office holders subject to disciplinary sanction is available in the JCIO’s annual reports at: <a href="https://judicialconduct.judiciary.gov.uk/reports-publications/" target="_blank">https://judicialconduct.judiciary.gov.uk/reports-publications/</a></p><p>The annual reports of the JCIO and its predecessor, the Office for Judicial Complaints, covering the years 2006/7-2018/19 are available in the Library of the House. Data on disciplinary action in the reports is broken down by the following types of judicial office holders - the courts judiciary, tribunals judiciary, coroners and magistrates, and sanctions imposed.</p><p>The publicly available information does not break the data down by office (Lay Magistrates, Deputy District Judges etc), but the action needed to obtain this information would give rise to a disproportionate cost.</p> answering member constituency Croydon South answering member printed Chris Philp grouped question UIN 6074 6076 6077 6078 6079 question first answered 29/01/2020 11:55:25 answering member 4503 label Biography information for Chris Philp
	tabling member	3970 label Biography information for Gareth Johnson

1172305

	registered interest
	date	21/01/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Judges: Disciplinary Proceedings
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, how many District Judges have been subject to disciplinary action in each of the last 10 years; and what the (a) reason and (b) outcome was of that action.
	tabling member constituency	Dartford
	tabling member printed	Gareth Johnson
	uin	6076
	answer	answer is ministerial correction date of answer 29/01/2020 answer text <p>The Judicial Conduct Investigations Office (JCIO) publishes statements, on behalf of the Lord Chancellor and the Lord Chief Justice, about judicial disciplinary cases which have resulted in a sanction on its website at: <a href="https://judicialconduct.judiciary.gov.uk/disciplinary-statements/2020/" target="_blank">https://judicialconduct.judiciary.gov.uk/disciplinary-statements/2020/</a></p><p>Additionally, for 2013/14-2018/19, data about judicial office holders subject to disciplinary sanction is available in the JCIO’s annual reports at: <a href="https://judicialconduct.judiciary.gov.uk/reports-publications/" target="_blank">https://judicialconduct.judiciary.gov.uk/reports-publications/</a></p><p>The annual reports of the JCIO and its predecessor, the Office for Judicial Complaints, covering the years 2006/7-2018/19 are available in the Library of the House. Data on disciplinary action in the reports is broken down by the following types of judicial office holders - the courts judiciary, tribunals judiciary, coroners and magistrates, and sanctions imposed.</p><p>The publicly available information does not break the data down by office (Lay Magistrates, Deputy District Judges etc), but the action needed to obtain this information would give rise to a disproportionate cost.</p> answering member constituency Croydon South answering member printed Chris Philp grouped question UIN 6074 6075 6077 6078 6079 question first answered 29/01/2020 11:55:25 answering member 4503 label Biography information for Chris Philp
	tabling member	3970 label Biography information for Gareth Johnson

1172307

	registered interest
	date	21/01/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Judges: Disciplinary Proceedings
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, how many Circuit Judges have been subject to disciplinary action in each of the last 10 years; and what the (a) reason and (b) outcome was of that action.
	tabling member constituency	Dartford
	tabling member printed	Gareth Johnson
	uin	6078
	answer	answer is ministerial correction date of answer 29/01/2020 answer text <p>The Judicial Conduct Investigations Office (JCIO) publishes statements, on behalf of the Lord Chancellor and the Lord Chief Justice, about judicial disciplinary cases which have resulted in a sanction on its website at: <a href="https://judicialconduct.judiciary.gov.uk/disciplinary-statements/2020/" target="_blank">https://judicialconduct.judiciary.gov.uk/disciplinary-statements/2020/</a></p><p>Additionally, for 2013/14-2018/19, data about judicial office holders subject to disciplinary sanction is available in the JCIO’s annual reports at: <a href="https://judicialconduct.judiciary.gov.uk/reports-publications/" target="_blank">https://judicialconduct.judiciary.gov.uk/reports-publications/</a></p><p>The annual reports of the JCIO and its predecessor, the Office for Judicial Complaints, covering the years 2006/7-2018/19 are available in the Library of the House. Data on disciplinary action in the reports is broken down by the following types of judicial office holders - the courts judiciary, tribunals judiciary, coroners and magistrates, and sanctions imposed.</p><p>The publicly available information does not break the data down by office (Lay Magistrates, Deputy District Judges etc), but the action needed to obtain this information would give rise to a disproportionate cost.</p> answering member constituency Croydon South answering member printed Chris Philp grouped question UIN 6074 6075 6076 6077 6079 question first answered 29/01/2020 11:55:25 answering member 4503 label Biography information for Chris Philp
	tabling member	3970 label Biography information for Gareth Johnson

1172308

	registered interest
	date	21/01/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Judges: Disciplinary Proceedings
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, how many High Court Judges have been subject to disciplinary action in each of the last 10 years; and what the (a) reason and (b) outcome was of that action.
	tabling member constituency	Dartford
	tabling member printed	Gareth Johnson
	uin	6079
	answer	answer is ministerial correction date of answer 29/01/2020 answer text <p>The Judicial Conduct Investigations Office (JCIO) publishes statements, on behalf of the Lord Chancellor and the Lord Chief Justice, about judicial disciplinary cases which have resulted in a sanction on its website at: <a href="https://judicialconduct.judiciary.gov.uk/disciplinary-statements/2020/" target="_blank">https://judicialconduct.judiciary.gov.uk/disciplinary-statements/2020/</a></p><p>Additionally, for 2013/14-2018/19, data about judicial office holders subject to disciplinary sanction is available in the JCIO’s annual reports at: <a href="https://judicialconduct.judiciary.gov.uk/reports-publications/" target="_blank">https://judicialconduct.judiciary.gov.uk/reports-publications/</a></p><p>The annual reports of the JCIO and its predecessor, the Office for Judicial Complaints, covering the years 2006/7-2018/19 are available in the Library of the House. Data on disciplinary action in the reports is broken down by the following types of judicial office holders - the courts judiciary, tribunals judiciary, coroners and magistrates, and sanctions imposed.</p><p>The publicly available information does not break the data down by office (Lay Magistrates, Deputy District Judges etc), but the action needed to obtain this information would give rise to a disproportionate cost.</p> answering member constituency Croydon South answering member printed Chris Philp grouped question UIN 6074 6075 6076 6077 6078 question first answered 29/01/2020 11:55:25 answering member 4503 label Biography information for Chris Philp
	tabling member	3970 label Biography information for Gareth Johnson

1171213

	registered interest
	date	15/01/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Judiciary
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government whether they have commissioned Kantar Group to survey public attitudes towards the independence of the judiciary; and if so, whether they intend to publish the findings of any such survey.
	tabling member printed	Lord Thomas of Gresford
	uin	HL484
	answer	answer is ministerial correction date of answer 29/01/2020 answer text <p>The Government has not commissioned Kantar Group to survey public attitudes towards the independence of the judiciary and the justice system.</p><p> </p><p>I can say with confidence that our judges are renowned around the world for their excellence and impartiality.</p> answering member printed Lord Keen of Elie question first answered 29/01/2020 13:51:07 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	1804 label Biography information for Lord Thomas of Gresford

1172302

	registered interest
	date	21/01/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Magistrates: Disciplinary Proceedings
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, how many Lay Magistrates have been subject to disciplinary action in each of the last 10 years; and what the (a) reason and (b) outcome was of that action.
	tabling member constituency	Dartford
	tabling member printed	Gareth Johnson
	uin	6074
	answer	answer is ministerial correction date of answer 29/01/2020 answer text <p>The Judicial Conduct Investigations Office (JCIO) publishes statements, on behalf of the Lord Chancellor and the Lord Chief Justice, about judicial disciplinary cases which have resulted in a sanction on its website at: <a href="https://judicialconduct.judiciary.gov.uk/disciplinary-statements/2020/" target="_blank">https://judicialconduct.judiciary.gov.uk/disciplinary-statements/2020/</a></p><p>Additionally, for 2013/14-2018/19, data about judicial office holders subject to disciplinary sanction is available in the JCIO’s annual reports at: <a href="https://judicialconduct.judiciary.gov.uk/reports-publications/" target="_blank">https://judicialconduct.judiciary.gov.uk/reports-publications/</a></p><p>The annual reports of the JCIO and its predecessor, the Office for Judicial Complaints, covering the years 2006/7-2018/19 are available in the Library of the House. Data on disciplinary action in the reports is broken down by the following types of judicial office holders - the courts judiciary, tribunals judiciary, coroners and magistrates, and sanctions imposed.</p><p>The publicly available information does not break the data down by office (Lay Magistrates, Deputy District Judges etc), but the action needed to obtain this information would give rise to a disproportionate cost.</p> answering member constituency Croydon South answering member printed Chris Philp grouped question UIN 6075 6076 6077 6078 6079 question first answered 29/01/2020 11:55:25 answering member 4503 label Biography information for Chris Philp
	tabling member	3970 label Biography information for Gareth Johnson

1173178

	registered interest
	date	24/01/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Police Cautions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what steps he is taking to ensure that people offered a caution in a police station understand the implications of accepting one in respect of future Disclosure and Barring Service checks.
	tabling member constituency	Leeds Central
	tabling member printed	Hilary Benn
	uin	7591
	answer	answer is ministerial correction date of answer 29/01/2020 answer text <p>Ministry of Justice guidance sets out clear expectations in terms of police explaining the implications of accepting a caution.</p><p> </p><p>Ministry of Justice guidance on Simple Cautions for Adult Offenders can be found at: <a href="https://www.gov.uk/government/publications/simple-cautions-guidance-for-police-and-prosecutors" target="_blank">https://www.gov.uk/government/publications/simple-cautions-guidance-for-police-and-prosecutors</a></p><p>Section 3 of the guidance states police officers must ensure the offender understands the implications of accepting a simple caution, and consents to receiving the disposal before it can be administered. The implications which must be explained are set out in paragraphs 62-76 of the guidance. This includes the significance of the admission of guilt and the retention and disclosure of criminal record information for future legal proceedings or criminal record checks. Guidance also states police officers should ensure offenders are given the opportunity to receive free and independent legal advice before accepting a simple caution.</p><p> </p><p>Similar points are made in the Ministry of Justice Guidance for Conditional Cautions for Adult Offenders (also in Section 3 of the guidance) which can be found at: <a href="https://www.gov.uk/government/publications/code-of-practice-for-adult-conditional-cautions" target="_blank">https://www.gov.uk/government/publications/code-of-practice-for-adult-conditional-cautions</a></p><p> </p><p>In addition, the Ministry of Justice and Youth Justice Board published guidance on Youth Out of Court Disposals, which includes relevant guidance in Section 5.22-23 and can be found at:</p><p><a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/438139/out-court-disposal-guide.pdf" target="_blank">https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/438139/out-court-disposal-guide.pdf</a></p> answering member constituency Croydon South answering member printed Chris Philp question first answered 29/01/2020 11:46:57 answering member 4503 label Biography information for Chris Philp
	tabling member	413 label Biography information for Hilary Benn

1172334

	registered interest
	date	21/01/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Prison Sentences
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what assessment he has made of the potential merits of abolishing prison sentences of six months and less.
	tabling member constituency	Islwyn
	tabling member printed	Chris Evans
	uin	6092
	answer	answer is ministerial correction date of answer 29/01/2020 answer text <p>We are clear that sentencing must match the severity of the crime, and public protection is our priority. Custody should only be used as a last resort and community sentences will continue to be an important part of punishing and rehabilitating offenders.</p><p> </p><p>In the Queen’s speech in December, the Government announced plans to introduce new sentencing laws. Ahead of any legislation, we intend to canvass proposals in a White Paper. This will contain proposals for community penalties that offer an appropriate level of punishment, while tackling the underlying drivers of re-offending.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 29/01/2020 11:49:31 answering member 4503 label Biography information for Chris Philp
	tabling member	4040 label Biography information for Chris Evans

1172335

	registered interest
	date	21/01/2020
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Prison Sentences
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what assessment he has made of the effect of prison sentences of six months on reducing rates of reoffending.
	tabling member constituency	Islwyn
	tabling member printed	Chris Evans
	uin	6093
	answer	answer is ministerial correction date of answer 29/01/2020 answer text <p>We are clear that sentencing must match the severity of a crime, and public protection is our priority.</p><p>The latest proven reoffending rate for adult offenders released from sentences of six months or less in the quarter July to September 2017 was almost two thirds (64.8%).</p><p>If we are to break the cycle of reoffending, solutions will often lie in community sentences, including those which address offenders’ behaviour, answer their mental health and alcohol or drug misuse needs, or provide reparation for the benefit of the wider community. However, sentencers should continue to have the option of imposing a short custodial sentence, where appropriate.</p><p>In the Queen’s speech in December, the Government announced plans to introduce new sentencing laws. Ahead of any legislation, we intend to canvass proposals in a White Paper. This will contain proposals for community penalties that offer an appropriate level of punishment, while tackling the underlying drivers of re-offending.</p> answering member constituency Croydon South answering member printed Chris Philp question first answered 29/01/2020 11:51:41 answering member 4503 label Biography information for Chris Philp
	tabling member	4040 label Biography information for Chris Evans