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101264

registered interest
date	28/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Forced Marriage Protection Orders
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government how many Forced Marriage Protection Orders have been issued since the Forced Marriage (Civil Protection) Act 2007 came into force.
tabling member printed	Lord Lester of Herne Hill
uin	HL2469
answer	answer is ministerial correction date of answer 11/11/2014 answer text <p>Forced marriage is an appalling crime and should not be tolerated.</p><p> </p><p>Since the 2007 Act came into force on 25 November 2008 and up to the end of June 2014, 719 Forced Marriage Protection Orders have been made.</p><p> </p><p>We have also created a new criminal offence that will enable faster and more effective action to be taken against those who breach forced marriage protection orders by forcing someone to get married against their will. This offence is designed to prosecute individuals who force somene to get married against their will; the person who has been forced to get married will not be prosecuted.</p> answering member printed Lord Faulks question first answered 11/11/2014 16:49:11 answering member 4183 label Biography information for Lord Faulks
tabling member	2037 label Biography information for Lord Lester of Herne Hill

101269

registered interest
date	28/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Judges: Training
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government what is the annual budget for the training of district judges (magistrates' courts) and deputy district judges (magistrates' courts) for each of the last five years, and for the current year.
tabling member printed	Lord Beecham
uin	HL2474
answer	answer is ministerial correction date of answer 17/11/2014 answer text <p>The responsibility for the training of District Judges (magistrates’ courts) and deputies lies with the Lord Chief Justice as head of the judiciary and is exercised through the Judicial College.</p><p> </p><p>It is not possible to fully separate the budget figures between the DJ(MC)s and deputies as some continuation training events are attended jointly. Where it is possible to show separation it has been done.</p><p> </p><p /> <p /><table><tbody><tr><td><p><strong>Financial Year</strong></p></td><td><p><strong>Attending</strong></p></td><td><p><strong>Sub Totals</strong></p></td><td><p><strong>Total (£000s)</strong></p></td></tr><tr><td><p><strong>2009/10</strong></p></td><td><p>DDJ &amp; DJ</p></td><td><p>£185</p></td><td><p><strong>£185</strong></p></td></tr><tr><td><p><strong> </strong></p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p><strong>2010/11</strong></p></td><td><p>DDJ</p></td><td><p>£22</p></td><td><p> </p></td></tr><tr><td><p> </p></td><td><p>DDJ &amp; DJ</p></td><td><p>£162</p></td><td><p><strong>£184</strong></p></td></tr><tr><td><p><strong> </strong></p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p><strong>2011/12</strong></p></td><td><p>DDJ</p></td><td><p>£23</p></td><td><p> </p></td></tr><tr><td><p> </p></td><td><p>DDJ &amp; DJ</p></td><td><p>£205</p></td><td><p><strong>£228</strong></p></td></tr><tr><td><p><strong> </strong></p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p><strong>2012/13</strong></p></td><td><p>DDJ</p></td><td><p>£20</p></td><td><p> </p></td></tr><tr><td><p> </p></td><td><p>DJ</p></td><td><p>£83</p></td><td><p> </p></td></tr><tr><td><p> </p></td><td><p>DDJ &amp; DJ</p></td><td><p>£133</p></td><td><p><strong>£236</strong></p></td></tr><tr><td><p><strong> </strong></p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p><strong>2013/14</strong></p></td><td><p>DDJ</p></td><td><p>£31</p></td><td><p> </p></td></tr><tr><td><p> </p></td><td><p>DDJ &amp; DJ</p></td><td><p>£137</p></td><td><p><strong>£168</strong></p></td></tr><tr><td><p><strong> </strong></p></td><td><p> </p></td><td><p> </p></td><td><p> </p></td></tr><tr><td><p><strong>2014/15</strong></p></td><td><p>DDJ</p></td><td><p>£28</p></td><td><p> </p></td></tr><tr><td><p> </p></td><td><p>DDJ &amp; DJ</p></td><td><p>£122</p></td><td><p><strong>£150</strong></p></td></tr></tbody></table><p> </p><p>These figures reflect a half-day sitting fee paid to DDJ(MC) attending training. However, recent Court decisions require the College to pay a full day’s sitting fee to certain fee-paid judiciary whilst attending training seminars, and this is not reflected in these figures. [For previous years the College paid a half-day sitting fee whilst attending training.]</p> answering member printed Lord Faulks question first answered 17/11/2014 12:02:40 answering member 4183 label Biography information for Lord Faulks
tabling member	4181 label Biography information for Lord Beecham

101270

registered interest
date	28/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Magistrates
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government how many lay magistrates were asked to step down by advisory committees in the last year for which there are data on the ground of failing to maintain the required competences; and how many magistrates each year undergo appraisal.
tabling member printed	Lord Beecham
uin	HL2475
answer	answer is ministerial correction date of answer 11/11/2014 answer text <p /> <p>The assessment of magistrates’ competence is a matter for the local Bench Training and Development Committee (BDTC), which reports to the advisory committee for the local justice area. Where the BDTC has concluded that a magistrate has failed, over a period of time, to reach the required standard the advisory committee may make a recommendation to the Lord Chancellor and the Lord Chief Justice that the magistrate should be removed from office.</p><p> </p><p>The process for removing a magistrate on such a basis is managed by the Judicial Conduct Investigations Office. One magistrate has been removed from the magistracy during the last year for failing to maintain the required competences.</p><p> </p><p>Magistrates are appraised on their performance once every three years for each jurisdiction (adult court, family court, youth court) in which they sit. Appraisals are carried out locally by trained appraisers in line with a nationally approved framework. On account of the three-yearly cycle, roughly a third of the approximately 21,000 magistrates in England and Wales could expect to undergo appraisal in any given year.</p> answering member printed Lord Faulks question first answered 11/11/2014 16:54:55 answering member 4183 label Biography information for Lord Faulks
tabling member	4181 label Biography information for Lord Beecham

101271

registered interest
date	28/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Magistrates: Training
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government how much HM Courts and Tribunal Service has spent on the expenses of magistrates undergoing training or development not provided by the Judicial College in each of the last five years; and what proportion of those expenses costs were taken up by travel.
tabling member printed	Lord Beecham
uin	HL2476
answer	answer is ministerial correction date of answer 17/11/2014 answer text <p /> <p>The table below provides details of expenditure by HM Courts and Tribunals Service on the expenses of magistrates undergoing local training or development in each of the last five years.</p><p> </p><p><strong> </strong></p><table><tbody><tr><td><p><strong>Period</strong></p></td><td><p><strong>Travel &amp; Subsistence </strong></p></td><td><p><strong>Loss of Earnings (Financial Loss Allowance) </strong></p></td><td><p><strong>Total *</strong></p></td></tr><tr><td><p><strong>2009/10</strong></p></td><td><p><strong>£628,566</strong></p></td><td><p><strong>£284,231</strong></p></td><td><p><strong>£912,797</strong></p></td></tr><tr><td><p><strong>2010/11</strong></p></td><td><p><strong>£525,091</strong></p></td><td><p><strong>£188,745</strong></p></td><td><p><strong>£713,837</strong></p></td></tr><tr><td><p><strong>2011/12</strong></p></td><td><p><strong>£405,888</strong></p></td><td><p><strong>£159,786</strong></p></td><td><p><strong>£565,674</strong></p></td></tr><tr><td><p><strong>2012/13</strong></p></td><td><p><strong>£456,120</strong></p></td><td><p><strong>£145,741</strong></p></td><td><p><strong>£601,861</strong></p></td></tr><tr><td><p><strong>2013/14</strong></p></td><td><p><strong>£374,554</strong></p></td><td><p><strong>£94,646</strong></p></td><td><p><strong>£469,200</strong></p></td></tr></tbody></table><p><strong> </strong></p><p><strong>* Figures may not sum to total due to rounding</strong></p><p><strong> </strong></p><p> </p><p>The training consists of the minimum annual provision which has to be provided to Magistrates as agreed between the Judicial College and HMCTS. It also includes any training deemed necessary by each Magistrates Area Training Committee (MATC).</p><p> </p><p>It is not possible to break down the travel expenses separately, due to the way the information is recorded on the database.</p> answering member printed Lord Faulks question first answered 17/11/2014 12:00:17 answering member 4183 label Biography information for Lord Faulks
tabling member	4181 label Biography information for Lord Beecham

101272

registered interest
date	28/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Magistrates: Training
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government how many magistrates last year took courses described by the Judicial College as "desirable"; and what were those courses.
tabling member printed	Lord Beecham
uin	HL2477
answer	answer is ministerial correction date of answer 11/11/2014 answer text <p /> <p>The responsibility for the training of Magistrates lies with the Lord Chief Justice as head of the judiciary and is exercised through the Judicial College.</p><p> </p><p>In May 2009, the former Judicial Studies Board set out guidance on the status of training and on attendance at training events by magistrates. There are three categories of training: 1) compulsory 2) essential and 3) desirable. Compulsory training arises out of the s.10 (4) Courts Act 2003 which sets out where induction training must take place. Essential training provides consolidation and continuation training and also “specific issues training”. The latter is where major legislative or procedural changes take place which magistrates are expected to be familiar with and where attendance at training events will be expected. Desirable training is what is provided beyond the compulsory and essential elements and the full training delivery programme is determined locally by each Magistrates Area Training Committee taking in to account local training needs.</p><p> </p><p>Under the Protocol for the National Minimum Training provision for Magistrates, HMCTS must provide the resources for the delivery of all compulsory and essential training identified in each MATC Training Plan. The MATC will prioritise the delivery of desirable training from any additional training funds that may be available.</p><p>Each (MATC) provides a return to the Judicial College on their activities for the year. The returns show that all compulsory and essential training has been completed but it is not possible to extract from the returns the total number of magistrates who attended “desirable” training during 2013/14 in accordance with the Judicial College definition. The range of “desirable” training events covered overall is as follows:</p><p> </p><table><tbody><tr><td><p>Advisory Training,</p></td></tr><tr><td><p>Applications, Road Traffic &amp; Effective Questioning in Court training</p></td></tr><tr><td><p>Appraisal Continuation</p></td></tr><tr><td><p>Appraiser Panel Bite Size training</p></td></tr><tr><td><p>Appraiser Refresher</p></td></tr><tr><td><p>Allocation Training and Mental Health Presentation</p></td></tr><tr><td><p>BTDC Interviewing</p></td></tr><tr><td><p>BTDC New Member Training</p></td></tr><tr><td><p>Case Management/Adjournment Training</p></td></tr><tr><td><p>Community Orders and Suspended Sentences</p></td></tr><tr><td><p>Community Orders and Suspended Sentences/update on the role of LA</p></td></tr><tr><td><p>Crown Court Sitting</p></td></tr><tr><td><p>Crown Court Training</p></td></tr><tr><td><p>Dealing with young and vulnerable people in court</p></td></tr><tr><td><p>Presentation on Access to Substance Misuse Treatment within DRR &amp; ATR Orders</p></td></tr><tr><td><p>Refresher Training covering LASPO , Allocation, Freeman of the land, &amp; Case Management</p></td></tr><tr><td><p>Fines Enforcement Training</p></td></tr><tr><td><p>Focus on Fairness</p></td></tr><tr><td><p>Follow up session - New JPs</p></td></tr><tr><td><p>Locally Identified Training Need - Metal Theft Training</p></td></tr><tr><td><p>Local Training Conferences</p></td></tr><tr><td><p>Loopholes in Road Traffic Law</p></td></tr><tr><td><p>MA AGM &amp; Annual Training Event</p></td></tr><tr><td><p>Magistrates' Association Training Conferences</p></td></tr><tr><td><p>Mentor Continuation Training</p></td></tr><tr><td><p>Mentor Development</p></td></tr><tr><td><p>Prison Visit for core training</p></td></tr><tr><td><p>Probation Projects &amp; Restorative Justice Training Event</p></td></tr><tr><td><p>Probation Training Day</p></td></tr><tr><td><p>Refresher Appraiser Training</p></td></tr><tr><td><p>Restorative Justice</p></td></tr><tr><td><p>Road Traffic Act</p></td></tr><tr><td><p>Road Traffic Special Reasons and Exceptional Hardship</p></td></tr><tr><td><p>Role Play Session for Trainee Chairmen</p></td></tr><tr><td><p>Sentencer Engagement Events</p></td></tr><tr><td><p>Special Appeals Panel</p></td></tr><tr><td><p>Speech, Language Communication Needs Workshop</p></td></tr><tr><td><p>Online training - Mental Health and learning Disabilities in criminal courts</p></td></tr><tr><td><p>Search Warrant Training</p></td></tr><tr><td><p>Speeding</p></td></tr><tr><td><p>TDC Member Training</p></td></tr><tr><td><p>TDC New Member Training</p></td></tr><tr><td><p>TDC Recruitment &amp; Selection Training</p></td></tr><tr><td><p>Youth Offending Service events</p></td></tr></tbody></table> answering member printed Lord Faulks question first answered 11/11/2014 16:59:04 answering member 4183 label Biography information for Lord Faulks
tabling member	4181 label Biography information for Lord Beecham

101283

registered interest
date	28/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Immigration: Appeals
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government whether the deployment of expert non-legal members in the Immigration and Asylum Chamber has been reduced; and, if so, whether they have any plans to recommend a review of the situation following the recent consultations within the judiciary.
tabling member printed	The Earl of Sandwich
uin	HL2488
answer	answer is ministerial correction date of answer 11/11/2014 answer text <p /> <p>In 2014/15 non-legal members have sat for 419 days within the Immigration and Asylum Chambers between 1 April 2014 and 30 June 2014, the most recent reporting period. This is a reduction of 35 sitting days from the same period in 2013/14 when non-legal members sat for 454 days.</p><p> </p><p>The First-tier Tribunal and Upper Tribunal (Composition of Tribunal) Order 2008 provides that composition of Tribunal panels is a matter for the Senior President of Tribunals and that this power may be delegated to Chamber Presidents. The Immigration and Asylum Chambers make available sufficient sitting days for non-legal members required for the panel compositions requested under the Senior President’s delegated powers and there are no plans to recommend a review at this time.</p> answering member printed Lord Faulks question first answered 11/11/2014 16:51:11 answering member 4183 label Biography information for Lord Faulks
tabling member	2109 label Biography information for The Earl of Sandwich

100603

registered interest
date	23/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Prisoners: Suicide
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government what steps they are taking to reduce the number of suicides in HM prisons.
tabling member printed	Lord Clinton-Davis
uin	HL2334
answer	answer is ministerial correction date of answer 06/11/2014 answer text <p /> <p>Every death in custody is a tragedy, and the Government is committed to reducing the number of self-inflicted deaths in prisons. All prisons are required to have procedures in place to identify, manage and support people who are at risk of harm to themselves. These procedures include the Assessment, Care in Custody and Teamwork (ACCT) process, which is a prisoner-centred, flexible care planning system for prisoners identified as at risk of suicide or self-harm. Prisons are also required to ensure that they have procedures in place to learn from deaths in custody to prevent future occurrences.</p><p> </p><p>We are working hard to understand the reasons for the recent rise in the number of self-inflicted deaths, but there is no simple explanation. Additional resources and support are being provided for safer custody work in prisons, and in particular to improve the consistency of the ACCT system. The National Offender Management Service has also put in place additional staff at regional level to support staff in prisons and to share good practice, and created a dedicated learning and knowledge management team at headquarters which is providing further support for safer custody work.</p><p> </p><p>Data on deaths in custody is published quarterly in the Safety in Custody Statistics Bulletin, available at <a href="http://www.gov.uk/government/publications/safety-in-custody-statistics" target="_blank">www.gov.uk/government/publications/safety-in-custody-statistics</a>.</p> answering member printed Lord Faulks question first answered 06/11/2014 17:46:36 answering member 4183 label Biography information for Lord Faulks
tabling member	1116 label Biography information for Lord Clinton-Davis

100624

registered interest
date	23/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Tribunals
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government how much it cost to prepare the Senior President of the Tribunals’ annual report on the performance of decision-making in the Ministry of Justice, in each of the last ten years.
tabling member printed	Lord Sharkey
uin	HL2355
answer	answer is ministerial correction date of answer 06/11/2014 answer text <p /> <p>Section 15A of the Social Security Act 1998 requires the Senior President of Tribunals, annually, to make a written report on the standards achieved by the Secretary of State for Work &amp; Pensions in the making of decisions against which an appeal is made to the First-tier Tribunal (Social Entitlement Chamber – Social Security and Child Support). That report must be published by the Lord Chancellor.</p><p> </p><p>The duty to report was discharged by the President of the Appeals Tribunal prior to the implementation of the Tribunals, Courts and Enforcement Act 2007. The Senior President of Tribunals has delegated this responsibility to the President of the Social Entitlement Chamber since the implementation of the Tribunals, Courts and Enforcement Act 2007.</p><p> </p><p>Preparation of the report costs approximately £20,000 in judicial time each year; however, this is within their salaried hours, so there is no additional cost beyond their salary. There are some associated printing costs but records of these are not held centrally.</p> answering member printed Lord Faulks question first answered 06/11/2014 17:49:39 answering member 4183 label Biography information for Lord Faulks
tabling member	4196 label Biography information for Lord Sharkey

100577

registered interest
date	22/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Reoffenders
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government what arrangements are in place to identify whether a person recalled to custody has (1) a learning disability, and (2) an IQ of less than 80.
tabling member printed	Lord Bradley
uin	HL2314
answer	answer is ministerial correction date of answer 04/11/2014 answer text <p /> <p>No specific screening is carried out by probation staff for low IQ or for learning disability. However, the Offender Assessment System (OASys) makes specific reference to whether learning difficulties have been disclosed; in addition, it invites the offender manager to consider whether there is any evidence of speech, language or communication difficulties, as well as how these might be addressed. Each offender on licence will also have a risk management plan and sentence plan, where any learning difficulties should be identified and considered.</p><p> </p><p>During recall considerations, an offender manager must consider whether the offender’s behaviour indicates that they present an increased “risk of serious harm” (in terms of the OASys classifications) to the public or an imminent risk of further offences being committed. Recall must also be considered in cases where contact between the offender manager and the offender has broken down. Consideration may be given to the context and intent of the behaviour that breached the licence. Thus, the offender manager must consider whether the offender understood sufficiently the breached condition and its implications. Alternatively, the offender manager should consider whether the breach arose as a result of a lack of support. In considering these things, the offender manager should take into account learning difficulties, disabilities or a low IQ.</p><p> </p><p>We plan to introduce the ‘Basic Custody Screening Tool’ (BCST) to all prisons in January as part of the Transforming Rehabilitation Programme. Once this has rolled out, all offenders entering custody, including all those recalled to custody, will be asked whether they have a learning difficulty or disability; and if so, to specify the nature of the difficulty or disability. The answers will inform their resettlement plan.</p> answering member printed Lord Faulks question first answered 04/11/2014 16:23:53 answering member 4183 label Biography information for Lord Faulks
tabling member	452 label Biography information for Lord Bradley

100578

registered interest
date	22/10/2014
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Parole: Learning Disability
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty’s Government what arrangements are in place to ensure reasonable adjustments for people with learning disabilities who are released from custody on licence so that the licence conditions are (1) necessary, and (2) proportionate.
tabling member printed	Lord Bradley
uin	HL2315
answer	answer is ministerial correction date of answer 05/11/2014 answer text <p /> <p>All offenders released from custody on licence are subject to six standard conditions. There are no exceptions. The standard licence conditions include requirements to keep in touch with their supervising officer, to seek permission prior to obtaining employment or moving address, and restrictions on travel outside the UK.</p><p> </p><p>It is also possible for additional conditions or restrictions to be placed upon the licence - for example, to prevent the offender in question from contacting a previous victim, or from visiting certain locations or premises. Any additional condition must be justified as being necessary for the effective management of the offender in question, as well as being proportionate to the risk the offender poses.</p><p> </p><p>The process for requesting and approving any additional conditions is the same for all offenders released on licence, so that the supervising officer may have specific regard to any offender with learning disabilities. If the supervising officer who manages the case considers that additional conditions are necessary and proportionate, they must request these of the Governing Governor of the releasing prison, or the Parole Board, whoever has responsibility for release in that case. The decision on whether to include such conditions rests with that authority.</p> answering member printed Lord Faulks question first answered 05/11/2014 17:35:25 answering member 4183 label Biography information for Lord Faulks
tabling member	452 label Biography information for Lord Bradley