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1173222

registered interest
date	24/01/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Coroners: Legal Aid Scheme
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, whether he has plans to bring forward legislative proposals for non means tested legal aid funding for families in relation to state-related deaths.
tabling member constituency	Manchester, Gorton
tabling member printed	Afzal Khan
uin	7671
answer	answer is ministerial correction date of answer 03/02/2020 answer text <p>The Government’s Review of Legal Aid for Inquests was published on 7 February 2019.</p><p> </p><p>Legal aid for representation at inquests is not generally available, because the inquest process is an inquisitorial, fact finding process. Having considered the impact on bereaved families of additional representatives, and the impact of a possible expansion on the wider legal aid scheme, we decided not to introduce non-means tested legal aid for inquests.</p><p> </p><p>However, the Government realises that there may be some instances where legal representation is required at inquests and funding may be available through the Exceptional Case Funding scheme (ECF). The decision to provide funding under ECF is taken by the Legal Aid Agency (LAA) who make their decisions independently from political and Government influence. The Legal Support Action Plan published following the post implementation review of LASPO, includes a commitment to simplify the ECF scheme to ensure it works as effectively as possible for those who need it.</p><p> </p><p>The evidence that we gathered as part of our Review for Legal Aid for Inquests will also be considered as part of the Legal Aid Means Test Review, which is looking at the thresholds for legal aid entitlement. This Review is assessing the effectiveness with which the means test protects access to justice, particularly for those who are vulnerable, and is currently scheduled for publication in Summer 2020.</p> answering member constituency Aldridge-Brownhills answering member printed Wendy Morton question first answered 03/02/2020 16:10:25 answering member 4358 label Biography information for Wendy Morton
tabling member	4671 label Biography information for Afzal Khan

1172997

registered interest
date	23/01/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Prison Sentences
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, how many prisoners serving IPP sentences have been the subject of recall appeals which are still awaiting determination; and what is the longest period for which any appellant has been waiting.
tabling member constituency	Christchurch
tabling member printed	Sir Christopher Chope
uin	7110
answer	answer is ministerial correction date of answer 28/01/2020 answer text <p>There is no formal appeal mechanism for any offender following recall from licensed supervision in the community. Consequently, no recalled IPP prisoner is awaiting the outcome of an appeal against recall and the concept of a recalled prisoner awaiting the outcome of an appeal does not apply.</p><p> </p><p>However, whilst there is no appeal mechanism, every recalled Imprisonment for Public Protection (IPP) prisoners has a right to a review of his/her fresh period of detention on recall, and it falls to the independent Parole Board to undertake that review – that is, to assess when it is safe to re-release the recalled IPP prisoner into the community on licence. The Board is required to conduct post-recall reviews without undue delay, but there is no set maximum period within which a review must be completed.</p><p> </p><p>Officials on behalf of the Secretary of State refer the cases of recalled offenders to the Parole Board within 28 days of their return to custody; it is for the independent Parole Board to determine how and when reviews will be conducted. The timing of a review will depend on the nature and circumstances of each case, having particular regard to what information is necessary to conduct the full risk assessment required to determine whether the offender is safe to be re-released. Recalled offenders have the right to submit representations to the Parole Board, against the decision to recall them, as part of the review process.</p><p> </p><p>Public safety is the priority and the Parole Board may only direct release once it is satisfied that detaining the offender is no longer necessary for the protection of the public.</p> answering member constituency South East Cambridgeshire answering member printed Lucy Frazer grouped question UIN 7111 question first answered 28/01/2020 15:33:04 answering member 4517 label Biography information for Lucy Frazer
tabling member	242 label Biography information for Sir Christopher Chope

1172999

registered interest
date	23/01/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Prison Sentences
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, if he will make it his policy to set a maximum period within which an oral hearing for an appeal against recall on an Imprisonment for Public Protection sentence must be heard; and if he will make a statement.
tabling member constituency	Christchurch
tabling member printed	Sir Christopher Chope
uin	7111
answer	answer is ministerial correction date of answer 28/01/2020 answer text <p>There is no formal appeal mechanism for any offender following recall from licensed supervision in the community. Consequently, no recalled IPP prisoner is awaiting the outcome of an appeal against recall and the concept of a recalled prisoner awaiting the outcome of an appeal does not apply.</p><p> </p><p>However, whilst there is no appeal mechanism, every recalled Imprisonment for Public Protection (IPP) prisoners has a right to a review of his/her fresh period of detention on recall, and it falls to the independent Parole Board to undertake that review – that is, to assess when it is safe to re-release the recalled IPP prisoner into the community on licence. The Board is required to conduct post-recall reviews without undue delay, but there is no set maximum period within which a review must be completed.</p><p> </p><p>Officials on behalf of the Secretary of State refer the cases of recalled offenders to the Parole Board within 28 days of their return to custody; it is for the independent Parole Board to determine how and when reviews will be conducted. The timing of a review will depend on the nature and circumstances of each case, having particular regard to what information is necessary to conduct the full risk assessment required to determine whether the offender is safe to be re-released. Recalled offenders have the right to submit representations to the Parole Board, against the decision to recall them, as part of the review process.</p><p> </p><p>Public safety is the priority and the Parole Board may only direct release once it is satisfied that detaining the offender is no longer necessary for the protection of the public.</p> answering member constituency South East Cambridgeshire answering member printed Lucy Frazer grouped question UIN 7110 question first answered 28/01/2020 15:33:04 answering member 4517 label Biography information for Lucy Frazer
tabling member	242 label Biography information for Sir Christopher Chope

1173002

registered interest
date	23/01/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Reoffenders
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what steps he is taking to prevent such prisoners being released with a drug dependency being subject to immediate recall as a result of that drug dependency.
tabling member constituency	Christchurch
tabling member printed	Sir Christopher Chope
uin	7112
answer	answer is ministerial correction date of answer 28/01/2020 answer text <p>The decision to recall an offender from the community, whether that be from an indeterminate or a determinate licence, is based on a thorough assessment of risk in the round, and a relapse into substance misuse is not necessarily a justification for recalling the offender immediately. The Probation Service will take into account the individual circumstances of each case and will consider alternatives to recalling offenders from the community where appropriate, based on the level of risk the offender poses.</p><p> </p><p>Those with drug dependency problems often have complex needs, particularly health needs that benefit best from cross-organisation co-operation. Health and justice partners are working closely to improve support and continuity of care when an offender leaves prison, and this is one of the three overarching objectives of the National Partnership Agreement between HM Prison and Probation Service, Ministry of Justice, Public Health England, NHS England and Department of Health and Social Care.</p><p> </p><p>Protection of the public is our priority, and offenders will be recalled to prison if that is assessed as necessary to protect the public from further serious offending.</p><p> </p> answering member constituency South East Cambridgeshire answering member printed Lucy Frazer question first answered 28/01/2020 17:52:10 answering member 4517 label Biography information for Lucy Frazer
tabling member	242 label Biography information for Sir Christopher Chope

1170790

registered interest
date	14/01/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Hate Crime
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government when they expect the Law Commission review into hate crime to be completed.
tabling member printed	Lord Bourne of Aberystwyth
uin	HL384
answer	answer is ministerial correction date of answer 28/01/2020 answer text <p>The Law Commission were invited to review the law on hate crime and to make recommendations for its reform. The review began in March 2019 and will also consider which characteristics (for example gender, age, disability) deserve enhanced protection by the criminal law and on what basis.</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: https://www.lawcom.gov.uk/project/hate-crime/</p> answering member printed Lord Keen of Elie question first answered 28/01/2020 14:57:25 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4282 label Biography information for Lord Bourne of Aberystwyth

1170806

registered interest
date	14/01/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	National Probation Service for England and Wales: Standards
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what steps they intend to take to improve the efficiency and effectiveness of HM Probation Service.
tabling member printed	Lord Laming
uin	HL400
answer	answer is ministerial correction date of answer 28/01/2020 answer text <p>This Government is clear that probation services must improve. Our reforms will build on the changes introduced by Transforming Rehabilitation, while addressing the challenges in the system. We are simplifying responsibilities for public, private and voluntary sector probation partners. This means the National Probation Service (NPS) delivering robust supervision of all offenders, the private sector continuing to drive innovation in sentence delivery, and greater voluntary sector involvement in rehabilitation. Our changes will allow each sector to play to its strengths, deliver more investment in skilled probation staff, and ensure stronger supervision and support for offenders.</p><p>We will set out further detail on the operating model for the future system shortly.</p> answering member printed Lord Keen of Elie question first answered 28/01/2020 14:06:57 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	2079 label Biography information for Lord Laming

1170811

registered interest
date	14/01/2020
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Belfast Agreement
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether legal aid will be available for individuals seeking to initiate legal proceedings based on an alleged diminution of rights, safeguards or equality of opportunity, as set out in the Belfast Agreement.
tabling member printed	Baroness Lister of Burtersett
uin	HL405
answer	answer is ministerial correction date of answer 28/01/2020 answer text <p>A legal challenge asserting an alleged diminution of rights, safeguards or equality of opportunity, as set out in the Belfast Agreement, would likely be brought through the Northern Ireland court system. Given legal aid is a matter devolved to Northern Ireland, whether it is or would be available for such a challenge in Northern Ireland is not a matter for Her Majesty’s Government.</p> answering member printed Lord Keen of Elie question first answered 28/01/2020 14:07:22 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	4234 label Biography information for Baroness Lister of Burtersett