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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

423146

	registered interest
	date	22/10/2015
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Animal Welfare: Sentencing
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government what guidance is provided to magistrates and judges about when it is appropriate to apply the maximum tariff available in cases of animal cruelty.
	tabling member printed	Lord Browne of Belmont
	uin	HL2896
	answer	answer is ministerial correction date of answer 02/11/2015 answer text <p>Animal cruelty is a summary offence with a maximum penalty of a level 5 (unlimited) fine and/or 6 months’ imprisonment. The maximum penalty for any offence is set by Parliament to deal with the most serious possible cases. Guidance on sentencing for this offence is contained in the Magistrates’ Courts Sentencing Guidelines, which are published by the independent Sentencing Council.</p><br /><p>These are the sentencing starting points from the guidelines for animal cruelty, based on a first time offender pleading not guilty:</p><br /><table><tbody><tr><td><p><em>Examples of nature of activity</em></p></td><td><p><em>Starting point Range</em></p></td><td><p><em>Range</em></p></td></tr><tr><td><p>One impulsive act causing little or no injury;</p></td><td><p>short term neglect</p></td><td><p>Band C fine Band B fine to medium level community</p></td></tr><tr><td><p>Several incidents of deliberate ill-treatment/frightening</p></td><td><p>High level community order</p></td><td><p>Medium level community order to 12 weeks custody</p></td></tr><tr><td><p>Attempt to kill/torture; animal baiting/conducting or permitting cock-fighting etc.; prolonged neglect</p></td><td><p>18 weeks custody</p></td><td><p>12 to 26 weeks custody</p></td></tr></tbody></table><br /> answering member printed Lord Faulks question first answered 02/11/2015 14:26:44 answering member 4183 label Biography information for Lord Faulks
	tabling member	3801 label Biography information for Lord Browne of Belmont

179731

	registered interest
	date	12/02/2015
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Courts: Buildings
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government what is the annual cost to the public purse of maintaining disused court buildings; and how many disused court buildings are currently lying empty because they have not been sold.
	tabling member printed	Lord Browne of Belmont
	uin	HL5008
	answer	answer is ministerial correction date of answer 26/02/2015 answer text <p /> <p>The Court Estate Reform Programme (CERP) was introduced in 2010 to improve efficiency through the closure of poor quality and underused court buildings. The total cumulative gross benefits expected from CERP is an estimated £152m over the SR10 period. At the end of June 2014, approximately £140m had been realised through resource savings of approximately £98m and gross capital proceeds of £42m.</p><p> </p><p>There are 32 closed courts currently not in use. Of these, 27 were closed between May 2010 and March 2013 as part of CERP and business as usual closures. The full year cost of maintaining these courts in 2013/14 was £942,162. A further five courts were closed since then. The cost of maintaining these courts since their closure to date has been £122,444. All closed courts are being prepared for or undergoing sale processes.</p><p> </p><p>The cost of maintaining courts following closure includes costs on rent and rates, maintenance, labour costs on facilities management, fuel and utilities and other property costs. One court, Stourbridge County Court, was closed but is being used for administrative purposes.</p><p> </p><p>The Department is committed to disposing of surplus property assets expeditiously and reducing holding costs. The sale of former courts is dependent on a number of factors e.g. market, potential future use, location and the fact that some are occupied in part by the police and local authorities which also make disposal difficult. We have improved efficiency through the closure of poor quality and underused court buildings.</p> answering member printed Lord Faulks question first answered 26/02/2015 17:03:43 answering member 4183 label Biography information for Lord Faulks
	tabling member	3801 label Biography information for Lord Browne of Belmont

386128

	registered interest
	date	29/06/2015
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Data Protection
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government what steps they are taking to help people protect their personal data.
	tabling member printed	Lord Browne of Belmont
	uin	HL927
	answer	answer is ministerial correction date of answer 13/07/2015 answer text <p>The Government takes the protection of personal data very seriously and is committed to making sure that the Information Commissioner has sufficient powers to ensure that organisations handle personal data appropriately and in accordance with the principles in the Data Protection Act 1998.</p><p> </p><p>Over the last six months a number of steps have been taken to strengthen the Information Commissioner’s powers; including:</p><p>· Extending the Information Commissioner’s powers of compulsory audit to public sector NHS providers.</p><p>· Commencing section 56 of the Data Protection Act (DPA). This makes it a criminal offence for a person to require another person to use their subject access rights in the DPA to obtain and provide certain records as a condition of employment, or for providing a service, unless the relevant record is required by law or where it is justified in the public interest.</p><p>· Making it easier for the Information Commissioner to take action against companies that breach the Privacy and Electronic Communications Regulations by making nuisance calls.</p> answering member printed Lord Faulks question first answered 13/07/2015 16:31:48 answering member 4183 label Biography information for Lord Faulks
	tabling member	3801 label Biography information for Lord Browne of Belmont

1285389

	registered interest
	date	09/02/2021
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Human Trafficking: Convictions
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how many convictions relating to human trafficking were recorded in (1) 2019, and (2) 2020.
	tabling member printed	Lord Browne of Belmont
	uin	HL13163
	answer	answer is ministerial correction date of answer 23/02/2021 answer text <p>The Ministry of Justice has published information on convictions for offences relating to human trafficking, up to December 2019, available in the ‘Principal offence proceedings and outcomes by Home Office offence code’ data tool, attached and here:</p><p> </p><p><a href="https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/938554/HO-code-tool-principal-offence-2019.xlsx" target="_blank">https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/938554/HO-code-tool-principal-offence-2019.xlsx</a></p><p> </p><p>Offences relating to human trafficking and their offence codes, are the following:</p><ul><li><strong>03608</strong> Arrange or facilitate travel of another person with a view to exploitation,</li><li><strong>03611</strong> Commit offence of kidnapping or false imprisonment with intention of arranging travel with view to exploitation,</li><li><strong>03612</strong> Do act prohibited by slavery and trafficking risk or prevention order,</li><li><strong>07201</strong> Arranging or facilitating arrival of a person into the UK for sexual exploitation (trafficking),</li><li><strong>07202</strong> Arranging or facilitating travel of a person within the UK for sexual exploitation (trafficking),</li><li><strong>07203</strong> Arranging or facilitating departure of a person from the UK for sexual exploitation (trafficking),</li><li><strong>07204</strong> Intentionally arrange / facilitate the arrival in / entry into the UK / another country of a person with a view to their sexual exploitation,</li><li><strong>07205</strong> Intentionally arrange / facilitate travel of a person within the UK / another country with a view to their sexual exploitation,</li><li><strong>07206</strong> Intentionally arrange / facilitate the departure of a person from the UK / another country with a view to their sexual exploitation,</li><li><strong>07819</strong> Trafficking people into the UK for the purpose of exploitation,</li><li><strong>07820</strong> Trafficking people within the UK for the purpose of exploitation,</li><li><strong>07821</strong> Trafficking people out of the UK for the purpose of exploitation.</li></ul><p> </p><p>In 2019, there were 25 convictions for offences relating to the above human trafficking.</p><p>Data for 2020 is due to be published in May 2021.</p> answering member printed Lord Wolfson of Tredegar question first answered 23/02/2021 16:50:29 answering member 4901 label Biography information for Lord Wolfson of Tredegar attachment 1 file name 23022021Copy of HO-code-tool-principal-offence-2019.xlsx title Table
	tabling member	3801 label Biography information for Lord Browne of Belmont

388811

	registered interest
	date	09/07/2015
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Legal Aid Scheme: Migrants
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government, in each of the last four years, how much was paid through legal aid to legal professionals advising asylum seekers and immigrants who had been charged with offences.
	tabling member printed	Lord Browne of Belmont
	uin	HL1288
	answer	answer is ministerial correction date of answer 20/07/2015 answer text <p>The Legal Aid Agency (LAA) does not record the immigration or asylum status at any stage of the billing or application process for criminal legal aid.</p> answering member printed Lord Faulks question first answered 20/07/2015 11:36:41 answering member 4183 label Biography information for Lord Faulks
	tabling member	3801 label Biography information for Lord Browne of Belmont

1134302

	registered interest
	date	24/06/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Legal Aid Scheme: Offences against Children
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government under what circumstances in cases involving historical abuse victims are entitled to legal representation.
	tabling member printed	Lord Browne of Belmont
	uin	HL16587
	answer	answer is ministerial correction date of answer 08/07/2019 answer text <p>The Government’s first ever cross-government Victims Strategy outlines our commitments to victims of crime.</p><p> </p><p>The Crown Prosecution Service is responsible for the prosecution of criminal cases. Victims of crime are not separately represented in criminal trials.</p><p> </p><p>Victims of historic sexual abuse have access to an independent sexual violence adviser (ISVA). The ISVA’s role is to ensure the victim receives the right support before, during and after legal proceedings. As part of proceedings, a victim may be called to give evidence as a witness for the prosecution. ISVAs will work alongside the Court-Based Witness Service to support the victim to give their best evidence and participate in the court process.</p><p> </p><p>In April this year, the Ministry of Justice awarded £8m in funding to rape support centres to provide emotional and practical support to victims of sexual violence and historic sexual abuse, including the provision of ISVA services. We also provided a grant of £11.2m to Citizens Advice for the delivery of the Court-Based Witness Service.</p> answering member printed Lord Keen of Elie question first answered 08/07/2019 16:59:30 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3801 label Biography information for Lord Browne of Belmont

450514

	registered interest
	date	03/02/2016
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Open Prisons
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty’s Government how many prisoners were in open prisons in each of the last five years.
	tabling member printed	Lord Browne of Belmont
	uin	HL5876
	answer	answer is ministerial correction date of answer 18/02/2016 answer text <p>Progression to open prisons is never automatic, and prisoners must generally be within two years of release before they can be considered for allocation. Public protection is paramount, so the only prisoners transferred to open prison are those whose risk of escape/abscond and risk of causing harm to the public are assessed as capable of being effectively managed in an open prison.</p><p> </p><p>Indeterminate sentence prisoners are, with few exceptions, transferred to open conditions only following a positive recommendation by the Parole Board. The Board will make such a recommendation after a robust risk assessment, based on reports provided by offender managers, offender supervisors and, where appropriate, by psychologists, with the overriding priority being the safety of the public.</p><p> </p><p>The following table shows the number of male and female prisoners held in dedicated open prisons as at the last Friday in June in each of the last five years. The data below do not include the number of male and female prisoners held in category D units in otherwise closed prisons.</p><p> </p><table><tbody><tr><td><p><strong>Date</strong></p></td><td><p><strong>Population</strong></p></td></tr><tr><td><p>June 2011</p></td><td><p>4,808</p></td></tr><tr><td><p>June 2012</p></td><td><p>4,953</p></td></tr><tr><td><p>June 2013</p></td><td><p>4,981</p></td></tr><tr><td><p>June 2014</p></td><td><p>5,087</p></td></tr><tr><td><p>June 2015</p></td><td><p>5,020</p></td></tr></tbody></table> answering member printed Lord Keen of Elie question first answered 18/02/2016 09:18:24 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3801 label Biography information for Lord Browne of Belmont

806730

	registered interest
	date	14/12/2017
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Open Prisons
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how many prisoners convicted of murder were held in an open prison in each of the last five years.
	tabling member printed	Lord Browne of Belmont
	uin	HL4190
	answer	answer is ministerial correction date of answer 04/01/2018 answer text <p>This information is not held centrally and could only be provided at disproportionate cost.</p> answering member printed Lord Keen of Elie question first answered 04/01/2018 14:21:09 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3801 label Biography information for Lord Browne of Belmont

869567

	registered interest
	date	22/03/2018
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Prison Officers: Labour Turnover
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government how many new recruits have left the Prison Service in each of the last two years.
	tabling member printed	Lord Browne of Belmont
	uin	HL6572
	answer	answer is ministerial correction date of answer 29/03/2018 answer text <p>The number Prison Service staff who have left the service, by length of service, in the last two years is provided below.</p><p><strong>Table 1: HMPPS staff who have left the Prison Service, by length of service<sup>1</sup>, in the 12 months to December 2016 and 12 months to December 2017</strong></p><p><strong> </strong></p><table><tbody><tr><td><p><strong>Completed years of service</strong></p></td><td><p><strong>12 months to December 2016</strong></p></td><td><p><strong>12 months to December 2017</strong></p></td></tr><tr><td><p>0</p></td><td><p>461</p></td><td><p>682</p></td></tr><tr><td><p>1</p></td><td><p>397</p></td><td><p>319</p></td></tr><tr><td><p>2</p></td><td><p>76</p></td><td><p>288</p></td></tr><tr><td><p>3</p></td><td><p>40</p></td><td><p>59</p></td></tr><tr><td><p>4</p></td><td><p>49</p></td><td><p>25</p></td></tr><tr><td><p>5-9</p></td><td><p>523</p></td><td><p>363</p></td></tr><tr><td><p>10-14</p></td><td><p>532</p></td><td><p>507</p></td></tr><tr><td><p>15-19</p></td><td><p>271</p></td><td><p>266</p></td></tr><tr><td><p>20-24</p></td><td><p>290</p></td><td><p>208</p></td></tr><tr><td><p>25-29</p></td><td><p>269</p></td><td><p>258</p></td></tr><tr><td><p>30+</p></td><td><p>167</p></td><td><p>163</p></td></tr><tr><td><p>Total</p></td><td><p>3,075</p></td><td><p>3,138</p></td></tr></tbody></table><p><sup> </sup></p><p><sup>1</sup>Length of service in HMPPS calculated from most recent hire date. Where staff have transferred in from another Government Department or have transferred in through HMPPS taking over a function, length of service is calculated from entry to HMPPS.</p> answering member printed Lord Keen of Elie question first answered 29/03/2018 14:14:07 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3801 label Biography information for Lord Browne of Belmont