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1014634

registered interest
date	26/11/2018
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Forced Marriage
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what assessment they have made of the case for enacting legislation to provide financial relief under the Matrimonial Causes Act 1973 to victims of forced marriages whose religious marriages are not binding under UK law as outlined in section 121(4) of the Anti-Social Behaviour, Crime and Policing Act 2014.
tabling member printed	Baroness Berridge
uin	HL11773
answer	answer is ministerial correction date of answer 06/12/2018 answer text <p>The Government is clear that forced marriage is a terrible form of abuse and that we will not allow political or cultural sensitivities to get in the way of tackling it.</p><p> </p><p>However, the purpose of Part II of the Matrimonial Causes Act 1973 is to set out how the Court orders financial provision on the legal ending of marriage.</p><p> </p><p>Since forced marriage was made a criminal offence in England and Wales in 2014, the Government has continued to introduce measures to protect victims, including lifelong anonymity in 2017. Last month, the Home Secretary launched a consultation to seek views on whether it is necessary to introduce a new legal mandatory reporting duty relating to cases of forced marriage. That consultation also seeks views on how the current guidance on forced marriage could be improved and strengthened.</p><p> </p><p>The Government is committed to keeping this area of family justice under review.</p> answering member printed Lord Keen of Elie question first answered 06/12/2018 15:49:07 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4218 label Biography information for Baroness Berridge

1012510

registered interest
date	22/11/2018
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Television Licences: Non-payment
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many individuals were (1) cautioned, (2) charged, and (3) convicted as a result of non-payment of the BBC licence fee in each of the last three years; and how many Magistrate Court cases arose as a result of such non-payment.
tabling member printed	Lord Borwick
uin	HL11702
answer	answer is ministerial correction date of answer 03/12/2018 answer text <p>No offenders have been cautioned by the police for television licence evasion: the TV Licencing Organisation, rather than the police are the prosecuting authority in these cases. The Ministry of Justice does not hold charge data. However, data on cases heard and convictions is as follows:</p><p> </p><table><tbody><tr><td><p> </p></td><td colspan="2"><p><strong>Television Licence Evasion Figures</strong></p></td></tr><tr><td><p>Year</p></td><td><p>Cases Heard</p></td><td><p>Convictions</p></td></tr><tr><td><p>2015</p></td><td><p>190,336</p></td><td><p>166,695</p></td></tr><tr><td><p>2016</p></td><td><p>172,957</p></td><td><p>152,713</p></td></tr><tr><td><p>2017</p></td><td><p>138,698</p></td><td><p>129,245</p></td></tr></tbody></table> answering member printed Lord Keen of Elie question first answered 03/12/2018 16:46:16 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4281 label Biography information for Lord Borwick

1012511

registered interest
date	22/11/2018
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Prosecutions
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many (1) individuals were charged, and (2) Magistrate Court cases (a) were heard, and (b) ended in conviction, in England and Wales in each of the last three years.
tabling member printed	Lord Borwick
uin	HL11703
answer	answer is ministerial correction date of answer 03/12/2018 answer text <p>The Ministry of Justice does not hold charge data. However, data on cases heard and convictions is as follows:</p><p> </p><table><tbody><tr><td><p> </p></td><td colspan="2"><p><strong>Magistrates' Courts Figures</strong></p></td></tr><tr><td><p>Year</p></td><td><p>Cases Heard</p></td><td><p>Convictions</p></td></tr><tr><td><p>2015</p></td><td><p>1,492,160</p></td><td><p>1,179,919</p></td></tr><tr><td><p>2016</p></td><td><p>1,456,177</p></td><td><p>1,176,117</p></td></tr><tr><td><p>2017</p></td><td><p>1,392,139</p></td><td><p>1,146,720</p></td></tr></tbody></table><p> </p> answering member printed Lord Keen of Elie question first answered 03/12/2018 16:49:48 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4281 label Biography information for Lord Borwick

1012534

registered interest
date	22/11/2018
answering body	Attorney General
answering dept id	88
answering dept short name	Attorney General
answering dept sort name	Attorney General
hansard heading	Hate Crime: Prosecutions
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the reply by Baroness Vere of Norbiton on 6 December 2017 (HL Deb, col 1051), whether Baroness Vere of Norbiton wrote to the Director of Public Prosecutions to ask whether she agrees that the definition of hate crime is broader than what is in statute and on what authority any broadening was based; and if so, what reply she received.
tabling member printed	Lord Pearson of Rannoch
uin	HL11726
answer	answer is ministerial correction date of answer 04/12/2018 answer text <p>Baroness Vere of Norbiton wrote to the Director of Public Prosecutions (DPP) on 13 December 2017. The DPP provided her response on 9 January 2018.</p><p> </p><p>In her response, the then DPP confirmed that the flagging definition for hate crime was agreed between the CPS and the NPCC (ACPO as it was then) in 2007 and that it is wider than the definition set out in legislation to ensure all relevant cases are captured.</p><p> </p><p>The CPS adopted the recommended definition in the Macpherson report published in 1999 as a result of the inquiry into the murder of Stephen Lawrence. The Macpherson report also recommended that ‘this definition should be universally adopted by the Police, local Government and other relevant agencies’.</p><p> </p><p>The recommendations of the Macpherson report were welcomed by the Government at the time and the current Government remains in support of this position. The CPS has worked with police to implement the recommended definition across all strands of hate crime. The CPS takes tackling hate crime seriously and recognises the need to increase public confidence to report. The flagging definition is important in achieving this aim.</p><p> </p><p>In order for a crime to be charged and prosecuted as a hate crime, the CPS uses the legal definitions contained in the Crime and Disorder Act 1998 (CDA 1998) and the Criminal Justice Act 2003 (CJA 2003). This means that not every incident that the victim or another person has perceived to be a hate crime will actually be a hate crime in law.</p><p> </p><p>In her letter, the then DPP also confirmed that the CPS legal guidance recognises the potential impact of prosecutions on Article 10 of the European Convention on Human Rights (the right to freedom of expression). The CPS must balance the rights of an individual to freedom of speech against the duty of the state to act proportionately and to protect the rights of others.</p> answering member printed Lord Keen of Elie question first answered 04/12/2018 13:13:56 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	3153 label Biography information for Lord Pearson of Rannoch

1012172

registered interest
date	21/11/2018
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Children: Custody
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether children of single parent families would fall within the provisions of article 10(1)(e)(iii) of the draft agreement on the withdrawal of the UK from the EU in circumstances where the custody of a child has been disputed.
tabling member printed	Lord Wigley
uin	HL11699
answer	answer is ministerial correction date of answer 29/11/2018 answer text <p>It is the Government’s intention to implement this aspect of the Withdrawal Agreement in the UK by way of the EU Settlement Scheme, which will allow EU citizens living in the UK before we leave the EU to apply for status to remain once the UK has left. However, when determining the custody of a child in the UK whether or not the parent is a single parent is not a relevant factor. It will continue to be the case that the court with jurisdiction will decide on custody (with whom the child is to live and when) on the facts of the individual case.</p> answering member printed Lord Keen of Elie question first answered 29/11/2018 15:48:13 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	547 label Biography information for Lord Wigley

1007484

registered interest
date	14/11/2018
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Prisoners: Childbirth
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many female prisoners gave birth in custody in each of the last five years; and, of those, how many did so in cells.
tabling member printed	Lord Beecham
uin	HL11487
answer	answer is ministerial correction date of answer 28/11/2018 answer text <p>The information is not centrally held and could be obtained only at disproportionate cost. However, all pregnant women in custody have an individual care and management plan that is communicated to all staff and all pregnant women are seen by a mid-wife at least fortnightly or as required.</p><p>Healthcare in prisons is provided by trained medics and nurses, but we have also made training on dealing with pregnant women available to all prison officers.</p><p>We know it is extremely rare for a woman to give birth in prison - because every step is taken to get them to hospital - but those unique cases are invariably down to the unpredictability of labour.</p> answering member printed Lord Keen of Elie question first answered 28/11/2018 13:55:32 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4181 label Biography information for Lord Beecham

1007488

registered interest
date	14/11/2018
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Prisoners: Per Capita Costs
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what was the average annual cost of incarcerating a prisoner in (1) 2015, (2) 2016, and (3) 2017.
tabling member printed	Lord Browne of Belmont
uin	HL11490
answer	answer is ministerial correction date of answer 28/11/2018 answer text <p>An average cost per prisoner, costs per prison place and overall prison unit costs for each private and public sector prison in England and Wales are routinely published by Her Majesty’s Prison and Probation Service. This information is produced on an annual basis and is published after the end of each financial year.</p><p> </p><p>Information on prison expenditure can be accessed in the Prison and Probation Performance Statistics pages for each financial year on the <a href="http://www.gov.uk" target="_blank">www.gov.uk</a> website. Prison unit costs can be found within the Excel document titled Costs per prison place and cost per prisoner by individual prison establishment under the ‘Cost by Establishment’ tab.</p><p> </p><p>The most recent published figures for financial year 2017-18 can be accessed on the www.gov.uk website from the following link:</p><p><a href="https://www.gov.uk/government/statistics/prison-performance-statistics-2017-to-2018" target="_blank">https://www.gov.uk/government/statistics/prison-performance-statistics-2017-to-2018</a></p><p> </p><p>The table below shows the average annual overall cost per prisoner for financial years 2015-16 to 2017-18.</p><p> </p><p> </p><p> </p><table><tbody><tr><td><p><strong>Financial years</strong></p></td><td><p><strong>Average Annual Overall Cost per prisoner</strong></p></td></tr><tr><td><p>2017-18</p></td><td><p>£37,543</p></td></tr><tr><td><p>2016-17</p></td><td><p>£35,371</p></td></tr><tr><td><p>2015-16</p></td><td><p>£33,931</p></td></tr><tr><td><p> </p></td><td><p> </p></td></tr><tr><td><p>To note within the table:</p></td><td><p> </p></td></tr><tr><td colspan="2"><p>1. Figures are expressed in nominal terms as per published for respective years.</p></td></tr><tr><td colspan="2"><p>2. Figures are not always comparable across a period due to changes in accounting treatments and scope of business which do not provide a consistent basis.</p></td></tr><tr><td colspan="2"><p>3. Overall costs include the direct establishment costs plus expenditure met at regional or national level by HMPPS/MOJ.</p></td></tr></tbody></table> answering member printed Lord Keen of Elie question first answered 28/11/2018 13:56:25 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	3801 label Biography information for Lord Browne of Belmont

1005645

registered interest
date	12/11/2018
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Probate: Fees and Charges
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, further to the Written Statement by the Parliamentary Under Secretary of State for Justice on 5 November (HCWS1066), what assessment they have made of the estimate by the Institute for Legacy Management that the proposed rise in probate fees could cost charities £10 million a year in lost legacy income.
tabling member printed	Lord Taylor of Warwick
uin	HL11416
answer	answer is ministerial correction date of answer 26/11/2018 answer text <p>We acknowledge the benefit of assessing this impact and we are already aware of the assessment made by the Institute for Legacy Management. As far as we are aware, the Institute for Legacy Management have not shared the detail behind their data with us. However, we would be very happy to carefully consider any detail behind the assessment should they be open to sharing this with the department.</p> answering member printed Lord Keen of Elie question first answered 26/11/2018 15:50:27 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	1796 label Biography information for Lord Taylor of Warwick