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1307353

registered interest
date	12/04/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Young Offenders: Academies
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, with reference to clause 138 of the Police, Crime, Sentencing and Courts Bill, whether providers running secure 16 to 19 academies will be required to apply to Ofsted to register those establishments as children’s homes.
tabling member constituency	South Shields
tabling member printed	Mrs Emma Lewell-Buck
uin	179140
answer	answer is ministerial correction date of answer 15/04/2021 answer text <p>Secure 16 to 19 academies will be a new form of 16 to 19 academy and secure children’s home combined, legislation for both these entities will form the statutory basis for secure schools. They will require approval by the Secretary of State to provide secure accommodation and by Ofsted to register as children’s homes. Providers will therefore be required to apply to Ofsted for registration as children’s homes. As secure children’s homes, they will be subject to the Children’s Home (England) Regulations 2015.</p> answering member constituency Cheltenham answering member printed Alex Chalk grouped question UIN 179141 question first answered 15/04/2021 15:31:22 answering member 4481 label Biography information for Alex Chalk
tabling member	4277 label Biography information for Mrs Emma Lewell-Buck

1307354

registered interest
date	12/04/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Secure Schools
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, with reference to clause 138 of the Police, Crime, Sentencing and Courts Bill, whether providers running secure 16 to 19 academies will be required to follow The Children’s Homes (England) Regulations 2015.
tabling member constituency	South Shields
tabling member printed	Mrs Emma Lewell-Buck
uin	179141
answer	answer is ministerial correction date of answer 15/04/2021 answer text <p>Secure 16 to 19 academies will be a new form of 16 to 19 academy and secure children’s home combined, legislation for both these entities will form the statutory basis for secure schools. They will require approval by the Secretary of State to provide secure accommodation and by Ofsted to register as children’s homes. Providers will therefore be required to apply to Ofsted for registration as children’s homes. As secure children’s homes, they will be subject to the Children’s Home (England) Regulations 2015.</p> answering member constituency Cheltenham answering member printed Alex Chalk grouped question UIN 179140 question first answered 15/04/2021 15:31:22 answering member 4481 label Biography information for Alex Chalk
tabling member	4277 label Biography information for Mrs Emma Lewell-Buck

1307468

registered interest
date	12/04/2021
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 assessment they have made of the report by the Prison Reform Trust No Life, No Freedom, No Future: The experiences of prisoners recalled under the sentence of Imprisonment, published on 3 December 2020; and what plans they have publish a response to that report.
tabling member printed	Lord Hylton
uin	HL14758
answer	answer is ministerial correction date of answer 26/04/2021 answer text <p>The Government values the work of the Prison Reform Trust and, specifically, the ongoing dialogue with the Trust as to how best to support those serving the sentence of Imprisonment for Public Protection (IPP), whether in prison or in the community.</p><p> </p><p>The Government and officials acknowledge that recalling any offender to custody involves some disruption. However, we have not identified cases of “unnecessary” recalls of offenders subject to IPP licences. HM Chief Inspector of Probation found in a thematic review of the Probation Service’s culture and practice on recall, published on 10 November last year, that offender managers are considering, properly, public protection when deciding how to respond to evidence that offenders have breached their licence conditions in such a way as to indicate escalating risk. Thus, where an offender on an IPP licence is recalled to custody, it is because the Probation Service has concluded that the offender’s risk is now too high for it to be managed effectively in the community, even with the imposition of additional licence conditions.</p><p> </p><p>However, offender managers must always consider whether there are safe alternatives to recall when responding to breaches of licence conditions and evidence of increased risk. Additionally, HM Prison and Probation Service is working to improve the quality and timeliness of its risk assessments following recall, so that the Parole Board may in some cases safely direct the re-release of recalled offenders on an IPP licence earlier than is currently the case.</p> answering member printed Lord Wolfson of Tredegar question first answered 26/04/2021 16:19:02 answering member 4901 label Biography information for Lord Wolfson of Tredegar
tabling member	2018 label Biography information for Lord Hylton

1307473

registered interest
date	12/04/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Criminal Liability
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, with reference to the recommendation made by the Law Commission as part of its project on Insanity and automatism in 2013, what steps the Government is taking to bring forward legislative proposals to replace the common law defence of insanity with a new defence of being not criminally responsible by reason of recognised medical condition.
tabling member constituency	Ealing Central and Acton
tabling member printed	Dr Rupa Huq
uin	179307
answer	answer is ministerial correction date of answer 15/04/2021 answer text <p>The Government has considered the proposals in the Law Commission’s 2013 discussion paper.</p><p> </p><p>Whilst we note the Law Commission’s proposals on the potential to update the law in this area, we have no current plans to bring forward legislative proposals in relation to this rarely used defence. However, we continue to keep this, and the wider and related law on unfitness to plead, under review.</p> answering member constituency Cheltenham answering member printed Alex Chalk grouped question UIN 179308 question first answered 15/04/2021 15:46:44 answering member 4481 label Biography information for Alex Chalk
tabling member	4511 label Biography information for Dr Rupa Huq

1307476

registered interest
date	12/04/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Criminal Liability
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, what recent assessment he has made of the adequacy of the common law defence of insanity; and what steps the Government plans to take to improve the law on criminal insanity.
tabling member constituency	Ealing Central and Acton
tabling member printed	Dr Rupa Huq
uin	179308
answer	answer is ministerial correction date of answer 15/04/2021 answer text <p>The Government has considered the proposals in the Law Commission’s 2013 discussion paper.</p><p> </p><p>Whilst we note the Law Commission’s proposals on the potential to update the law in this area, we have no current plans to bring forward legislative proposals in relation to this rarely used defence. However, we continue to keep this, and the wider and related law on unfitness to plead, under review.</p> answering member constituency Cheltenham answering member printed Alex Chalk grouped question UIN 179307 question first answered 15/04/2021 15:46:44 answering member 4481 label Biography information for Alex Chalk
tabling member	4511 label Biography information for Dr Rupa Huq

1307483

registered interest
date	12/04/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Domestic Abuse: Victim Support Schemes
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 impact on (1) families, (2) children’s best interests, (3) the length of family court proceedings, and (4) family court capacity, of delays in access to the Domestic Abuse Perpetrator Programmes recommended by the Children and Family Court Advisory and Support Service; and what steps are they taking to reduce delays in accessing such programmes.
tabling member printed	Lord Ponsonby of Shulbrede
uin	HL14812
answer	answer is ministerial correction date of answer 26/04/2021 answer text <p>Access to in person Domestic Abuse Perpetrator Programmes (DAPPs) has been adversely affected during the pandemic due to the necessary face-to-face delivery model. We are aware that some providers are continuing to provide a full service, but that others have had to reduce their offer due to social distancing restrictions.</p><p> </p><p>The Government is therefore working with the Children and Family Court Advisory and Support Service (Cafcass) and the judiciary to process cases as quickly and efficiently as possible in order to minimise the impact that the on-going restrictions to this service may have on families using the family courts, and vulnerable children in particular.</p> answering member printed Lord Wolfson of Tredegar question first answered 26/04/2021 16:14:20 answering member 4901 label Biography information for Lord Wolfson of Tredegar
tabling member	3154 label Biography information for Lord Ponsonby of Shulbrede

1307623

registered interest
date	12/04/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Remand in Custody
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many people are in custody in England and Wales awaiting trial; and what is the average time taken from imprisonment to trial for those in custody.
tabling member printed	Lord Bourne of Aberystwyth
uin	HL14700
answer	answer is ministerial correction date of answer 26/04/2021 answer text <p>The latest published data by the Ministry of Justice shows that on 31 December 2020 there were 8,222 prisoners in custody awaiting trial in England &amp; Wales (Table 1.1, “Prison Population: 31 December 2020” https://www.gov.uk/government/statistics/offender-management-statistics-quarterly-july-to-september-2020).</p><p> </p><p>Prison receptions data has enabled an approximation of the average time taken from imprisonment to trial for those in custody. Table 2 sets out (for those held on pre-trial remand) the average amount of time that prisoners were remanded in custody pre-trial up to the point that they were admitted to prison between conviction and sentencing in each of the last five years. In 2019 the average (mean) number of days that prisoners were remanded in custody pre-trial was 67. Published figures for the whole calendar year 2020 are not yet available.</p> answering member printed Lord Wolfson of Tredegar question first answered 26/04/2021 16:18:22 answering member 4901 label Biography information for Lord Wolfson of Tredegar attachment 1 file name 20210415 Copy of PQ HL14700_Table 2.xlsx title Table 2
tabling member	4282 label Biography information for Lord Bourne of Aberystwyth

1307625

registered interest
date	12/04/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Trials: Young Offenders
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many people aged 17 are awaiting trial in England and Wales.
tabling member printed	Lord Bourne of Aberystwyth
uin	HL14701
answer	answer is ministerial correction date of answer 26/04/2021 answer text <p>As at 31 December 2020, there were 18 outstanding cases in the Crown Court where the defendant was aged 17, had entered a not-guilty plea to one or more counts and for whom a trial date had been set. There were 38 outstanding cases in the Crown Court where the defendant was aged 17 at the time of the earliest offence on the case, and on 31 December 2020, the defendant was aged 18 or more, had entered a not-guilty plea to one or more counts and for whom a trial date had been set.<sup>1</sup> To provide this data for Magistrates Courts would require examination of individual file records and could only be obtained at disproportionate cost.</p><p> </p><p>HMCTS prioritises and regularly reviews youth cases to clear outstanding cases and reduce the number of children awaiting trial. In 2020 outstanding youth cases at the magistrates' court reached an annual peak of 12,138 in June, then consistently fell to 9,930 cases by December. In the same period, outstanding youth cases at the Crown Court remained stable, peaking at 665 in October then falling to 629 by December. HMCTS prioritises cases where there is a possibility that the defendant may turn 18 before conviction. The judiciary has re-published a note about listing in magistrates’ courts highlighting the impact on the remand status of youth defendants and the need to list cases expeditiously where a child is about to turn 18.</p><p> </p><p>1. Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that the data have been extracted from large administrative data systems generated by the courts. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when data are used.</p> answering member printed Lord Wolfson of Tredegar grouped question UIN HL14702 question first answered 26/04/2021 16:17:54 answering member 4901 label Biography information for Lord Wolfson of Tredegar
tabling member	4282 label Biography information for Lord Bourne of Aberystwyth

1307627

registered interest
date	12/04/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Trials: Young Offenders
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government how many people over the age of 18 are awaiting trial for alleged offences committed while they were 17 years old.
tabling member printed	Lord Bourne of Aberystwyth
uin	HL14702
answer	answer is ministerial correction date of answer 26/04/2021 answer text <p>As at 31 December 2020, there were 18 outstanding cases in the Crown Court where the defendant was aged 17, had entered a not-guilty plea to one or more counts and for whom a trial date had been set. There were 38 outstanding cases in the Crown Court where the defendant was aged 17 at the time of the earliest offence on the case, and on 31 December 2020, the defendant was aged 18 or more, had entered a not-guilty plea to one or more counts and for whom a trial date had been set.<sup>1</sup> To provide this data for Magistrates Courts would require examination of individual file records and could only be obtained at disproportionate cost.</p><p> </p><p>HMCTS prioritises and regularly reviews youth cases to clear outstanding cases and reduce the number of children awaiting trial. In 2020 outstanding youth cases at the magistrates' court reached an annual peak of 12,138 in June, then consistently fell to 9,930 cases by December. In the same period, outstanding youth cases at the Crown Court remained stable, peaking at 665 in October then falling to 629 by December. HMCTS prioritises cases where there is a possibility that the defendant may turn 18 before conviction. The judiciary has re-published a note about listing in magistrates’ courts highlighting the impact on the remand status of youth defendants and the need to list cases expeditiously where a child is about to turn 18.</p><p> </p><p>1. Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that the data have been extracted from large administrative data systems generated by the courts. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when data are used.</p> answering member printed Lord Wolfson of Tredegar grouped question UIN HL14701 question first answered 26/04/2021 16:17:54 answering member 4901 label Biography information for Lord Wolfson of Tredegar
tabling member	4282 label Biography information for Lord Bourne of Aberystwyth

1307661

registered interest
date	12/04/2021
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Young Offender Institutions: Restraint Techniques
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, with reference to the recommendation of Charlie Taylor's review into the use of pain-inducing restraint in the youth secure estate, what steps his Department has taken to establish an independent restraint and behaviour panel.
tabling member constituency	South Shields
tabling member printed	Mrs Emma Lewell-Buck
uin	179142
answer	answer is ministerial correction date of answer 15/04/2021 answer text <p>Following Charlie Taylor’s review into the use of pain-inducing techniques the Ministry of Justice responded to all recommendations in June 2020. It remains the case that restraint should only be used where there is no other suitable alternative. In the first instance, the approach should always be to use behaviour management techniques that focus on de-escalation and diversion. In cases where restraint is used, it must always be necessary, proportionate and in accordance with the law.</p><p>To improve the monitoring of these instances, the Youth Custody Service established the independent restraint and behaviour panel in December 2020 as a multi-sector partnership with members providing independent and expert scrutiny on the use of pain-inducing techniques in establishments. The panel who reports to Ministers on a quarterly basis, reviews the use of pain-inducing techniques at a single youth secure establishment each month (rotating the establishment monthly) and then supports the establishment with actions focussed on the reduction of use.</p><p>The Ministry of Justice committed to removing pain-inducing techniques from the Minimising and Managing Physical Restraint (MMPR) syllabus in June 2020. Since then, the Youth Custody Service has been working on developing and implementing training to ensure that the revised syllabus is rolled out later this summer through the training of all staff. The use of pain-inducing techniques will be taught separately, for use as a last resort to prevent serious harm to a child or adult, in line with Recommendation 9.</p><p>Escorts transferring children to and from Secure Training Centre’s, Secure Children Homes and Young Offending Institutions have all received training in the MMPR syllabus which no longer includes training on pain-inducing techniques. The department is currently reviewing the policy in line with recommendation 14.</p> answering member constituency Cheltenham answering member printed Alex Chalk grouped question UIN 179143 179144 question first answered 15/04/2021 15:33:00 answering member 4481 label Biography information for Alex Chalk
tabling member	4277 label Biography information for Mrs Emma Lewell-Buck