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1138296

	registered interest
	date	10/07/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Offenders: Death
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what progress they have made in conducting a national review of deaths under post-release probation supervision, as stated in their response to the 12th report of the Health and Social Care Select Committee Prison Health (HC Paper 963).
	tabling member printed	Lord Ramsbotham
	uin	HL17093
	answer	answer is ministerial correction date of answer 31/07/2019 answer text <p>In our response to the Health and Social Care Select Committee the Government committed to undertake a review of deaths under post release supervision during 2019-20. Scoping work has been undertaken, and the full review is on track to be completed within this time period. This is in addition to the existing requirement on all probation providers to conduct an internal review following each death, and to share learning from these reviews.</p><p> </p><p>The number of deaths of offenders under post-release supervision decreased from 401 in 2016/17 to 367 in 2017/18, a fall of 8%. The National Suicide Prevention Strategy identifies people in contact with the criminal justice system as a high-risk group, and we recognise that the time following release from prison can be a particularly high-risk period for suicide and for deaths from other causes. The primary role of probation is to protect the public and prevent re-offending, and people under supervision in the community are not in the care of HM Prison and Probation Service in the way that they are when in custody. While probation staff do everything they can to help offenders find access to vital services including healthcare, housing, and treatment for drug and alcohol problems, they do not have sole responsibility for caring for them. The national review aims to identify what further actions may be appropriate to prevent offenders’ deaths, while recognising that a range of other organisations share responsibility for their wellbeing.</p><p> </p><p>We are also investing an extra £22m in ‘through-the-gate’ assistance for offenders, to help them find the support they need on issues such as housing, healthcare and employment, and they have the same access to these services as any other person in the community.</p> answering member printed Lord Keen of Elie question first answered 31/07/2019 12:01:29 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3744 label Biography information for Lord Ramsbotham

1137965

	registered interest
	date	09/07/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Sexual Offences
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what plans they have, if any, to (1) introduce tougher sentences for sex offenders, and (2) stop sex offenders being granted parole.
	tabling member printed	Lord Taylor of Warwick
	uin	HL17064
	answer	answer is ministerial correction date of answer 31/07/2019 answer text <p>The Sexual Offences Act 2003 provides for a range of sexual offences which rightly carry robust penalties to deal with this serious offending – including some which carry a maximum penalty of life imprisonment. Since 2010, the average length of a custodial sentence for sex offenders has increased by more than 25 per cent. Sentencing in individual cases is a matter for the independent judiciary, who take into account the full facts of each case. The courts are required to follow any guidelines produced by the independent Sentencing Council relevant to the case before them, including the definitive guideline on Sexual Offences.</p><p>For those who receive a life sentence, they must serve the minimum term in prison required by the sentencing court, following which they will only be released by the independent Parole Board if the Board is satisfied they no longer need to be detained for the protection of the public. Other sex offenders may receive an Extended Determinate Sentence (EDS) if the court considers they could pose an ongoing risk. In those cases, the offender must serve at least two-thirds of the custodial term in prison and will only be released before the end of the full custodial term if the Parole Board is satisfied it would be safe to do so</p><p><br>The Government has no current plans to abolish the possibility of parole for offenders serving these types of sentences. Offenders should rightly be punished for their offences, but once they have served their punishment they should only continue to be held in prison if their risk remains too high for them to be released.</p> answering member printed Lord Keen of Elie question first answered 31/07/2019 12:00:14 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	1796 label Biography information for Lord Taylor of Warwick

1137375

	registered interest
	date	08/07/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Alternatives to Prosecution
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what assessment they have made of reports that community resolution orders are being used for more serious offences than originally intended; and what plans they have to prevent such orders being used for anything other than low-level crimes.
	tabling member printed	Baroness Gould of Potternewton
	uin	HL16982
	answer	answer is ministerial correction date of answer 22/07/2019 answer text <p>Out of Court Disposals (OOCDs) allow police to deal quickly and proportionately with low-level offending without recourse to the courts. One type of OOCD is community resolution. This is a non-statutory disposal that can be administered by police forces when the offender accepts responsibility for the offence, and in most cases, where the victim has agreed that they do not want more formal action taken.</p><p> </p><p>‘Community resolution’ is a nationally recognised term for a disposal which has been in use by police for some years, and prior to 2014. In 2014, following consultation, the Ministry of Justice identified support for community resolution as part of a simplified framework for OOCDs in which all disposals had conditions attached.</p><p> </p><p>The College of Policing hold guidance on the use of community resolutions:</p><p>http://library.college.police.uk/docs/appref/Community-Resolutions-Incorporating-RJ-Final-Aug-2012-2.pdf (this was also summarised as part of a quick reference guide published by Ministry of Justice in 2013: https://www.yjlc.uk/wp-content/uploads/2016/02/MoJ-Quick-reference-guides-out-of-court-disposals-2013.pdf).</p><p> </p><p>Individual decisions around the appropriateness of issuing an OOCD are an operational matter for police.</p><p> </p><p>Typically, a Constable, Police Community Support Officer or Police Staff Investigator can decide to issue a community resolution, in accordance with Authorised Professional Practice, gravity matrices and local force policies which inform decision making.</p><p> </p><p>Police and partners have a range of measures in place to ensure appropriate use of Out of Court Disposals. Supervisors are expected to check decision-making of their staff regularly. Out of Court Disposal scrutiny panels are also in place with external representation - these review in detail a selection of cases to determine whether the method of disposal is considered appropriate, based on a review of the information/evidence available to the decision maker at the time.</p><p> </p><p>Government works closely with the National Police Chief’s Council (NPCC) whose Charging and Out of Court Disposals strategy (2017-2021) sets out their position and support for forces around OOCDs. We publish data and pay attention to trends in the use of Out of Court Disposals on an ongoing basis.</p> answering member printed Lord Keen of Elie grouped question UIN HL16980 HL16981 question first answered 22/07/2019 16:15:38 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3573 label Biography information for Baroness Gould of Potternewton

1137374

	registered interest
	date	08/07/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Alternatives to Prosecution
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what guidance they provide to police forces in England and Wales on the criteria for determining whether a person should be subject to a community resolution order rather than an alternative punishment; and who determines whether or not to use a community resolution order.
	tabling member printed	Baroness Gould of Potternewton
	uin	HL16981
	answer	answer is ministerial correction date of answer 22/07/2019 answer text <p>Out of Court Disposals (OOCDs) allow police to deal quickly and proportionately with low-level offending without recourse to the courts. One type of OOCD is community resolution. This is a non-statutory disposal that can be administered by police forces when the offender accepts responsibility for the offence, and in most cases, where the victim has agreed that they do not want more formal action taken.</p><p> </p><p>‘Community resolution’ is a nationally recognised term for a disposal which has been in use by police for some years, and prior to 2014. In 2014, following consultation, the Ministry of Justice identified support for community resolution as part of a simplified framework for OOCDs in which all disposals had conditions attached.</p><p> </p><p>The College of Policing hold guidance on the use of community resolutions:</p><p>http://library.college.police.uk/docs/appref/Community-Resolutions-Incorporating-RJ-Final-Aug-2012-2.pdf (this was also summarised as part of a quick reference guide published by Ministry of Justice in 2013: https://www.yjlc.uk/wp-content/uploads/2016/02/MoJ-Quick-reference-guides-out-of-court-disposals-2013.pdf).</p><p> </p><p>Individual decisions around the appropriateness of issuing an OOCD are an operational matter for police.</p><p> </p><p>Typically, a Constable, Police Community Support Officer or Police Staff Investigator can decide to issue a community resolution, in accordance with Authorised Professional Practice, gravity matrices and local force policies which inform decision making.</p><p> </p><p>Police and partners have a range of measures in place to ensure appropriate use of Out of Court Disposals. Supervisors are expected to check decision-making of their staff regularly. Out of Court Disposal scrutiny panels are also in place with external representation - these review in detail a selection of cases to determine whether the method of disposal is considered appropriate, based on a review of the information/evidence available to the decision maker at the time.</p><p> </p><p>Government works closely with the National Police Chief’s Council (NPCC) whose Charging and Out of Court Disposals strategy (2017-2021) sets out their position and support for forces around OOCDs. We publish data and pay attention to trends in the use of Out of Court Disposals on an ongoing basis.</p> answering member printed Lord Keen of Elie grouped question UIN HL16980 HL16982 question first answered 22/07/2019 16:15:38 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3573 label Biography information for Baroness Gould of Potternewton

1137373

	registered interest
	date	08/07/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Alternatives to Prosecution
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government why they introduced community resolution orders as informal punishments for low-level offences in 2014; who was responsible for their introduction; and whether their use was approved by the Home Secretary.
	tabling member printed	Baroness Gould of Potternewton
	uin	HL16980
	answer	answer is ministerial correction date of answer 22/07/2019 answer text <p>Out of Court Disposals (OOCDs) allow police to deal quickly and proportionately with low-level offending without recourse to the courts. One type of OOCD is community resolution. This is a non-statutory disposal that can be administered by police forces when the offender accepts responsibility for the offence, and in most cases, where the victim has agreed that they do not want more formal action taken.</p><p> </p><p>‘Community resolution’ is a nationally recognised term for a disposal which has been in use by police for some years, and prior to 2014. In 2014, following consultation, the Ministry of Justice identified support for community resolution as part of a simplified framework for OOCDs in which all disposals had conditions attached.</p><p> </p><p>The College of Policing hold guidance on the use of community resolutions:</p><p>http://library.college.police.uk/docs/appref/Community-Resolutions-Incorporating-RJ-Final-Aug-2012-2.pdf (this was also summarised as part of a quick reference guide published by Ministry of Justice in 2013: https://www.yjlc.uk/wp-content/uploads/2016/02/MoJ-Quick-reference-guides-out-of-court-disposals-2013.pdf).</p><p> </p><p>Individual decisions around the appropriateness of issuing an OOCD are an operational matter for police.</p><p> </p><p>Typically, a Constable, Police Community Support Officer or Police Staff Investigator can decide to issue a community resolution, in accordance with Authorised Professional Practice, gravity matrices and local force policies which inform decision making.</p><p> </p><p>Police and partners have a range of measures in place to ensure appropriate use of Out of Court Disposals. Supervisors are expected to check decision-making of their staff regularly. Out of Court Disposal scrutiny panels are also in place with external representation - these review in detail a selection of cases to determine whether the method of disposal is considered appropriate, based on a review of the information/evidence available to the decision maker at the time.</p><p> </p><p>Government works closely with the National Police Chief’s Council (NPCC) whose Charging and Out of Court Disposals strategy (2017-2021) sets out their position and support for forces around OOCDs. We publish data and pay attention to trends in the use of Out of Court Disposals on an ongoing basis.</p> answering member printed Lord Keen of Elie grouped question UIN HL16981 HL16982 question first answered 22/07/2019 16:15:38 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3573 label Biography information for Baroness Gould of Potternewton

1137934

	registered interest
	date	09/07/2019
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Criminal Proceedings: Evidence
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what changes, if any, they plan to make to disclosure procedures operated by the police and the Crown Prosecution Service to ensure that (1) trials are not disrupted by late or inadequate disclosure, and (2) incursions into the privacy of complainants and witnesses are material and proportionate.
	tabling member printed	Lord Carlile of Berriew
	uin	HL17033
	answer	answer is ministerial correction date of answer 22/07/2019 answer text <p>There has been unprecedented joint commitment and focus from the police and the CPS to finding solutions to the problem of getting disclosure right.</p><p> </p><p>Proper disclosure of unused material is vital if there is to be a fair trial. That is why in 2018 the Attorney General published his review, looking at the efficiency and effectiveness of the current disclosure system, including how sensitive data is handled. We are now working hard to implement the recommendations made in the review, and extensive action has already been undertaken to bring about necessary changes. The government remains committed to ensuring that errors in the disclosure process are driven down to their absolute minimum.</p> answering member printed Lord Keen of Elie question first answered 22/07/2019 14:20:54 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	1138 label Biography information for Lord Carlile of Berriew

1137931

	registered interest
	date	09/07/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Prisoners' Release: Curfews
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what is the annual cost of (1) assessing, (2) monitoring, and (3) any additional support in the community required for, prisoners released under Home Detention Curfew.
	tabling member printed	Lord Bradley
	uin	HL17030
	answer	answer is ministerial correction date of answer 18/07/2019 answer text <p>This information is not held centrally and could only be obtained at disproportionate cost. An assessment of the specific use of staff time would be required in order to estimate the costs involved.</p> answering member printed Lord Keen of Elie question first answered 18/07/2019 09:52:35 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	452 label Biography information for Lord Bradley

1137932

	registered interest
	date	09/07/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Prisoners' Release: Curfews
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how many prisoners were (1) granted, and (2) refused, Home Detention Curfew in each of the last five years, broken down by (a) age, (b) disability, (c) race, (d) religion or belief, (e) sex, (f) sexual orientation, and (g) gender reassignment.
	tabling member printed	Lord Bradley
	uin	HL17031
	answer	answer is ministerial correction date of answer 17/07/2019 answer text <p>Release on HDC allows suitable, risk assessed, prisoners to work towards rehabilitation in the community, while remaining subject to strict monitoring and other conditions.</p><p> </p><p>Data on the number of prisoners released on HDC is published quarterly and annually. The data is broken down by gender and the following table shows releases in each of the last five years:</p><p> </p><table><tbody><tr><td><p><strong> Individuals released on HDC 2014-18</strong></p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p> </p></td><td><p><strong>2014</strong></p></td><td><p><strong>2015<sup>(1)</sup></strong></p></td><td><p><strong>2016</strong></p></td><td><p><strong>2017</strong></p></td><td><p><strong>2018</strong></p></td></tr><tr><td><p><strong>Total Number released on HDC</strong></p></td><td><p><strong>8,614</strong></p></td><td><p><strong>8,611</strong></p></td><td><p><strong>9,042</strong></p></td><td><p><strong>9,320</strong></p></td><td><p><strong>14,769</strong></p></td></tr><tr><td><p><strong>Male</strong></p></td><td><p><strong>7,441</strong></p></td><td><p><strong>7,422</strong></p></td><td><p><strong>7,844</strong></p></td><td><p><strong>8,166</strong></p></td><td><p><strong>13,182</strong></p></td></tr><tr><td><p><strong>Female</strong></p></td><td><p><strong>1,173</strong></p></td><td><p><strong>1,189</strong></p></td><td><p><strong>1,198</strong></p></td><td><p><strong>1,154</strong></p></td><td><p><strong>1,587</strong></p></td></tr><tr><td colspan="6"><p> </p></td></tr><tr><td colspan="6"><p>(1) Figures for 2015 and earlier were produced using an older methodology than for the years 2016 to date.</p></td></tr></tbody></table><p> </p><p>Currently the data is not broken down by other protected characteristics but the next quarterly publication, due on 25 July, will include data on HDC releases by ethnicity. We are also exploring the scope to publish further breakdowns by other characteristics and this will depend upon the accessibility and reliability of the data, as well as the data protection implications if low numbers enabled individuals to be identified.</p><p> </p><p>Data on the number of prisoners refused HDC is not collated centrally and could not be obtained except at disproportionate cost.</p> answering member printed Lord Keen of Elie question first answered 17/07/2019 15:33:53 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	452 label Biography information for Lord Bradley

1138563

	registered interest
	date	11/07/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Tommy Robinson
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government what steps they are taking to ensure the safety of Stephen Yaxley-Lennon in prison.
	tabling member printed	Lord Pearson of Rannoch
	uin	HL17121
	answer	answer is ministerial correction date of answer 17/07/2019 answer text <p>As per my answer to your previous question, HL8657, we do not comment on individual cases.</p><p> </p><p>The Ministry of Justice confirms that it takes the duty of care very seriously to ensure all prisoners are able to serve their sentences in a safe environment. Each prisoner is risk assessed upon reception into custody and extra measures are put into place to protect prisoners where there are concerns for their welfare.</p> answering member printed Lord Keen of Elie question first answered 17/07/2019 15:05:47 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3153 label Biography information for Lord Pearson of Rannoch

1136749

	registered interest
	date	03/07/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Prisoners' Release: Curfews
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how many prisoners subject to Home Detention Curfews were released before their Home Detention Curfew Eligibility Date in each of the last five years.
	tabling member printed	Lord Bradley
	uin	HL16899
	answer	answer is ministerial correction date of answer 17/07/2019 answer text <p>The following table shows the number of prisoners who were eligible for HDC, and how many and what proportion were released in each of the last five years. Because of the way in which data is recorded, the figures relating to the number eligible are higher than the true picture, as they include all offenders serving sentences of the right length, even though some do not meet the other eligibility criteria (see footnote 1).</p><p> </p><table><tbody><tr><td><p> </p></td><td><p><strong>2014</strong></p></td><td><p><strong>2015<sup>(3)</sup></strong></p></td><td><p><strong>2016</strong></p></td><td><p><strong>2017</strong></p></td><td><p><strong>2018</strong></p></td></tr><tr><td><p><strong>Number eligible for release on HDC <sup>(1,2)</sup></strong></p></td><td><p><strong>45,203</strong></p></td><td><p><strong>43,669</strong></p></td><td><p><strong>43,660</strong></p></td><td><p><strong>44,697</strong></p></td><td><p><strong>40,543</strong></p></td></tr><tr><td><p><strong>Number released on HDC</strong></p></td><td><p><strong>8,614</strong></p></td><td><p><strong>8,319</strong></p></td><td><p><strong>9,041</strong></p></td><td><p><strong>9,312</strong></p></td><td><p><strong>14,769</strong></p></td></tr><tr><td><p><strong>Percentage released</strong></p></td><td><p><strong>19%</strong></p></td><td><p><strong>19%</strong></p></td><td><p><strong>21%</strong></p></td><td><p><strong>21%</strong></p></td><td><p><strong>36%</strong></p></td></tr><tr><td colspan="6"><p>(1) This is the number of offenders serving sentences of between 12 weeks and just under 4 years and therefore potentially eligible for release on Home Detention Curfew (HDC) in the relevant period. However, it includes offenders who are in fact statutorily ineligible for HDC, such as registered sex offenders or those with a previous recall for breach of curfew on HDC (prisoners not eligible for HDC for these reasons cannot be identified from the data that is held). Moreover, certain offenders are presumed unsuitable for HDC and will only be considered for release in exceptional circumstances.</p></td></tr><tr><td colspan="6"><p>(2) An offender may be eligible for release on HDC in more than one year. This is because an offender may become eligible for release on HDC in one year and remain in the prison population to be eligible for release as a new year begins.</p></td></tr><tr><td colspan="6"><p>(3) Figures for 2015 and earlier were produced using an older methodology than for the years 2016 to date.</p></td></tr></tbody></table><p>Data on the number of prisoners refused HDC is not collated centrally and could not be obtained except at disproportionate cost.</p><p> </p><p>A prisoner may be released on or after their HDC eligibility date but may not lawfully be released before the eligibility date; such a release would be counted as a “release in error”. HMPPS publish annual data on releases in error but this does not indicate whether the offender was released on HDC and this could not be established except at disproportionate cost. This data is available here:</p><p> </p><p><a href="https://www.gov.uk/government/statistics/annual-hm-prison-and-probation-service-digest-2017-to-2018" target="_blank">https://www.gov.uk/government/statistics/annual-hm-prison-and-probation-service-digest-2017-to-2018</a></p> answering member printed Lord Keen of Elie grouped question UIN HL16896 HL16897 HL16898 question first answered 17/07/2019 15:05:30 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	452 label Biography information for Lord Bradley