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1125240

	registered interest
	date	08/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Joseph McCann
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, when the decision was taken to release Joseph McCann.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	252002
	answer	answer is ministerial correction date of answer 17/05/2019 answer text <p>In accordance with the sentence of the Court, Joseph McCann was released on 15 February 2019, after he had completed half (less time spent on remand) of a three-year determinate sentence for burglary imposed on 25 January 2018. On release, he was supervised by the National Probation Service (NPS)</p><p> </p><p>When charged with that offence and remanded into custody on 21 August 2017, he was being supervised on licence by the NPS as part of the sentence of Imprisonment for Public Protection (IPP) which he received on 26 September 2008. An offender on an IPP licence is not recalled automatically when he is charged with a further offence or offences. The probation officer will consider whether the alleged further offences, prior offending and the offender’s current behaviour show that his risk has escalated to the point where he needs to be recalled to protect the public. The decision on whether to recall an offender is to be based on a robust assessment of risk and to reflect the professional judgment of a trained probation officer.</p><p> </p><p>The NPS has undertaken an urgent review to establish why Mr McCann was not recalled to custody, either when remanded into custody on 21 August 2017 or when he was sentenced on <ins class="ministerial">25 January 2018</ins> <del class="ministerial">15 February 2018</del>. Mr McCann has now been charged with a number of very serious offences committed on or after 21 April this year. This has triggered a mandatory serious further offence (SFO) review, under the Probation SFO Review Procedures. The SFO review will consider in greater depth than has thus far been possible, including by interviewing relevant members of staff, the question of whether Mr McCann should have been recalled to custody when charged with and subsequently convicted of the burglary offence. Typically, an SFO review is completed within three months of an offender being charged with an SFO.</p><p> </p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/05/2019 13:45:21 question first ministerially corrected 12/06/2019 14:34:20 answering member 4106 label Biography information for Sir Robert Buckland previous answer version 118714 answering member constituency South Swindon answering member printed Robert Buckland answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon

1125241

	registered interest
	date	08/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Joseph McCann
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, who took the decision not to refer the question of Joseph McCann's release to the Parole Board.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	252003
	answer	answer is ministerial correction date of answer 17/05/2019 answer text <p>In accordance with the sentence of the Court, Joseph McCann was released on 15 February 2019, after he had completed half (less time spent on remand) of a three-year determinate sentence for burglary imposed on 25 January 2018. On release, he was supervised by the National Probation Service (NPS)</p><p> </p><p>When charged with that offence and remanded into custody on 21 August 2017, he was being supervised on licence by the NPS as part of the sentence of Imprisonment for Public Protection (IPP) which he received on 26 September 2008. An offender on an IPP licence is not recalled automatically when he is charged with a further offence or offences. The probation officer will consider whether the alleged further offences, prior offending and the offender’s current behaviour show that his risk has escalated to the point where he needs to be recalled to protect the public. The decision on whether to recall an offender is to be based on a robust assessment of risk and to reflect the professional judgment of a trained probation officer.</p><p> </p><p>The NPS has undertaken an urgent review to establish why Mr McCann was not recalled to custody, either when remanded into custody on 21 August 2017 or when he was sentenced on <ins class="ministerial">25 January 2018</ins> <del class="ministerial">15 February 2018</del>. Mr McCann has now been charged with a number of very serious offences committed on or after 21 April this year. This has triggered a mandatory serious further offence (SFO) review, under the Probation SFO Review Procedures. The SFO review will consider in greater depth than has thus far been possible, including by interviewing relevant members of staff, the question of whether Mr McCann should have been recalled to custody when charged with and subsequently convicted of the burglary offence. Typically, an SFO review is completed within three months of an offender being charged with an SFO.</p><p> </p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/05/2019 13:45:21 question first ministerially corrected 12/06/2019 14:34:30 answering member 4106 label Biography information for Sir Robert Buckland previous answer version 118715 answering member constituency South Swindon answering member printed Robert Buckland answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon

1125243

	registered interest
	date	08/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Joseph McCann
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what the (a) scope, (b) timescale and (c) remit is of the urgent review into the reported mistaken release of Joseph McCann.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	252005
	answer	answer is ministerial correction date of answer 17/05/2019 answer text <p>In accordance with the sentence of the Court, Joseph McCann was released on 15 February 2019, after he had completed half (less time spent on remand) of a three-year determinate sentence for burglary imposed on 25 January 2018. On release, he was supervised by the National Probation Service (NPS)</p><p> </p><p>When charged with that offence and remanded into custody on 21 August 2017, he was being supervised on licence by the NPS as part of the sentence of Imprisonment for Public Protection (IPP) which he received on 26 September 2008. An offender on an IPP licence is not recalled automatically when he is charged with a further offence or offences. The probation officer will consider whether the alleged further offences, prior offending and the offender’s current behaviour show that his risk has escalated to the point where he needs to be recalled to protect the public. The decision on whether to recall an offender is to be based on a robust assessment of risk and to reflect the professional judgment of a trained probation officer.</p><p> </p><p>The NPS has undertaken an urgent review to establish why Mr McCann was not recalled to custody, either when remanded into custody on 21 August 2017 or when he was sentenced on <ins class="ministerial">25 Jarnuary 2018</ins> <del class="ministerial">15 February 2018</del>. Mr McCann has now been charged with a number of very serious offences committed on or after 21 April this year. This has triggered a mandatory serious further offence (SFO) review, under the Probation SFO Review Procedures. The SFO review will consider in greater depth than has thus far been possible, including by interviewing relevant members of staff, the question of whether Mr McCann should have been recalled to custody when charged with and subsequently convicted of the burglary offence. Typically, an SFO review is completed within three months of an offender being charged with an SFO.</p><p> </p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/05/2019 13:45:21 question first ministerially corrected 12/06/2019 14:34:40 answering member 4106 label Biography information for Sir Robert Buckland previous answer version 118716 answering member constituency South Swindon answering member printed Robert Buckland answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon

1125244

	registered interest
	date	08/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Joseph McCann
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, on what date was his Department informed of the release from prison of Joseph McCann.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	252006
	answer	answer is ministerial correction date of answer 17/05/2019 answer text <p>In accordance with the sentence of the Court, Joseph McCann was released on 15 February 2019, after he had completed half (less time spent on remand) of a three-year determinate sentence for burglary imposed on 25 January 2018. On release, he was supervised by the National Probation Service (NPS)</p><p> </p><p>When charged with that offence and remanded into custody on 21 August 2017, he was being supervised on licence by the NPS as part of the sentence of Imprisonment for Public Protection (IPP) which he received on 26 September 2008. An offender on an IPP licence is not recalled automatically when he is charged with a further offence or offences. The probation officer will consider whether the alleged further offences, prior offending and the offender’s current behaviour show that his risk has escalated to the point where he needs to be recalled to protect the public. The decision on whether to recall an offender is to be based on a robust assessment of risk and to reflect the professional judgment of a trained probation officer.</p><p> </p><p>The NPS has undertaken an urgent review to establish why Mr McCann was not recalled to custody, either when remanded into custody on 21 August 2017 or when he was sentenced on <ins class="ministerial">25 January 2018</ins> <del class="ministerial">15 February 2018</del>. Mr McCann has now been charged with a number of very serious offences committed on or after 21 April this year. This has triggered a mandatory serious further offence (SFO) review, under the Probation SFO Review Procedures. The SFO review will consider in greater depth than has thus far been possible, including by interviewing relevant members of staff, the question of whether Mr McCann should have been recalled to custody when charged with and subsequently convicted of the burglary offence. Typically, an SFO review is completed within three months of an offender being charged with an SFO.</p><p> </p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/05/2019 13:45:21 question first ministerially corrected 12/06/2019 14:34:49 answering member 4106 label Biography information for Sir Robert Buckland previous answer version 118711 answering member constituency South Swindon answering member printed Robert Buckland answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon

1125245

	registered interest
	date	08/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Prisoners' Release
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what estimate he has made of the number of prisoners who have been released in error in each of the last three years.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	252007
	answer	answer is ministerial correction date of answer 17/05/2019 answer text <p>Information on releases in error are published as part of the HM Prison and Probation Service Annual Digest. The latest publication can be found here: <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><p> </p><p>Releases in error are rare and in the vast majority of cases offenders are returned to custody very quickly. We work closely with the police to recapture those at large and investigate each incident thoroughly to see what lessons can be learned.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/05/2019 12:03:21 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon

1125246

	registered interest
	date	08/05/2019
	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 guidance is provided to police forces on the procedure for administering cautions to ensure that the person involved understands the legal consequences of accepting that caution.
	tabling member constituency	Leeds Central
	tabling member printed	Hilary Benn
	uin	251905
	answer	answer is ministerial correction date of answer 13/05/2019 answer text <p>Out of Court Disposals (OOCDs) are measures which allow police to deal quickly and proportionately with low-level offending without recourse to the courts. Simple and Conditional Cautions exist currently for adult offenders.</p><p> </p><p>Ministry of Justice published guidance on Simple Cautions for Adult Offenders, which can be found at: https://www.gov.uk/government/publications/simple-cautions-guidance-for-police-and-prosecutors</p><p> </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: https://www.gov.uk/government/publications/code-of-practice-for-adult-conditional-cautions</p><p> </p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 13/05/2019 16:28:58 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	413 label Biography information for Hilary Benn

1125310

	registered interest
	date	08/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Offenders: Electronic Tagging
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, who has the power to amend the conditions of (a) bail and (b) court orders which are the subject of a GPS tag.
	tabling member constituency	Shipley
	tabling member printed	Philip Davies
	uin	251950
	answer	answer is ministerial correction date of answer 17/05/2019 answer text <p>Once an individual is produced before a court it is only the court that has the power to amend the conditions of bail and court orders which are the subject of a GPS tag.</p><p> </p><p>The police can impose (limited) bail conditions both pre-and post-charge prior to an individual being produced before a court, although this cannot extend to any form of electronic monitoring.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/05/2019 12:05:25 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	1565 label Biography information for Sir Philip Davies

1125353

	registered interest
	date	08/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	International Covenant on Economic, Social and Cultural Rights
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, whether the UK's declaration reserving the right to postpone the application of Article 7(a)(i) of the International Covenant on Economic, Social and Cultural Rights still applies; and if she will make a statement.
	tabling member constituency	Brighton, Pavilion
	tabling member printed	Caroline Lucas
	uin	251970
	answer	answer is ministerial correction date of answer 17/05/2019 answer text <p>The UK remains a party to the International Covenant on Economic, Social and Cultural Rights.</p><p> </p><p>There remains one reservation in force under Article 7(a)(i) of the Covenant, in respect of Bermuda and the Crown Dependencies. The UK Government will review all reservations as part of the next periodic report under the Covenant, which is due in June 2021.</p><p> </p><p>The UK Government remains committed to the principle of equal pay and continues to work to eradicate the gender pay gap.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/05/2019 13:04:40 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	3930 label Biography information for Caroline Lucas

1125365

	registered interest
	date	08/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Treatment Of, and Outcomes For, Black, Asian and Minority Ethnic Individuals in the Criminal Justice System Independent Review
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, pursuant to the Answer of 28 March 2019 to Question 235745 on Treatment of, and Outcomes for, Black, Asian and Minority Ethnic Individuals in the Criminal Justice System Independent Review, when the review of the Supreme Court's recommendations will be completed; and what steps will be taken to ensure that his Department complies with the Court's ruling.
	tabling member constituency	Bolton South East
	tabling member printed	Yasmin Qureshi
	uin	251975
	answer	answer is ministerial correction date of answer 17/05/2019 answer text <p>We are awaiting the Order from the Supreme Court setting out the instructions it has made in respect of the judgment. Once we have received this, we will come forward with proposals for reform in response to the judgment.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/05/2019 11:40:17 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	3924 label Biography information for Yasmin Qureshi

1125434

	registered interest
	date	08/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Prisoners: Parents
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what proportion of the prison population are parents.
	tabling member constituency	Lewisham, Deptford
	tabling member printed	Vicky Foxcroft
	uin	252094
	answer	answer is ministerial correction date of answer 17/05/2019 answer text <p>The information requested is not held centrally to a sufficient degree of accuracy for release. It is not mandatory for offenders on arrival at prisons establishments to provide this information and the interface would not be able to differentiate search criteria in order to obtain this percentage.</p><p> </p><p>We are taking forward recommendations, including giving governors the budget and flexibility to spend their resources appropriately to help prisoners keep important family or significant other ties which occurred in October 2017. Prison Governors are working in partnership with family services providers to meet the identified needs of prisoners, including developing relationships for prisoners who do not have access to family for several reasons including leaving the social care system.</p><p> </p><p>We commissioned Lord Farmer to undertake a review on the importance of family engagement to reduce reoffending and prevent intergenerational crime, the recommendations from which we are now implementing. Lord Farmer is currently carrying out a further review on family ties, focusing on female offenders, which is expected to be published shortly</p><p> </p><p> </p><p> </p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/05/2019 11:50:18 answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4491 label Biography information for Vicky Foxcroft