Ministry of Justice

In prisons where we have crowding in place, a rigorous cell certification process is undertaken that ensures the use of cells is subject to a formal assessment of safety and decency.

We continue to pursue the package of longer-term measures the Lord Chancellor announced on 16 October 2023 to reform the justice system and address the prison capacity challenges. The measures include: the extension of the Early Removal Scheme to deport Foreign National Offenders (FNOs), introducing a presumption to suspend sentences of 12 months or less, curtailing the licence period for IPP sentences and extending the use of Home Detention Curfew. On 11 March, the Lord Chancellor announced the next steps in our plan, to allow us to go further and faster in removing FNOs. This includes expediting prisoner transfers with our priority partners, such as Albania, and the creation of a new taskforce across the Home Office and Ministry of Justice to change the way we process FNO cases radically.

To meet pressing demand, we are building c.20,000 modern, rehabilitative prison places – the biggest prison build programme since the Victorian era. We have already delivered c.5,900 of these, including through our two new 1,700 places prisons, HMP Five Wells and HMP Fosse Way, and c.590 Rapid Deployment Cells across 11 sites. By the end of 2025, we are on track to have delivered around 10,000 places in total.

The Government will continue to monitor the evolving situation with demand for prison places carefully, so that we can make sure we have the right approaches in place to maintain the capacity required for a safe and effective criminal justice system.

HMP Wandsworth has benefitted from our £100 million investment in tough security measures, introducing x-ray body scanning for prisoners and enhanced gate security provisions for visitors and staff, which includes archway metal detectors, drugs dogs and x-ray baggage scanners. These measures are helping to tackle the supply of drugs and other contraband into prisons, and as of October 2023, our x-ray body scanners had recorded more than 46,900 positive indications across the prison estate since their introduction.

We are also expanding the number of Incentivised Substance-Free Living Units (ISFLs), where prisoners commit to remaining free of illicit drugs and alcohol, with regular drug testing and incentives. 80 prisons, including HMP Wandsworth, now have an ISFL. The ISFL at HMP Wandsworth is a 16-bed unit where residents have access to additional support, privileges and substance misuse interventions whilst undergoing voluntary drug testing twice a month.

HMP Wandsworth also works closely with their Substance Misuse Service Provider, “Change, Grow, Live” to deliver a comprehensive programme of recovery workshops, and is currently in the process of recruiting a new, dedicated Drug Strategy Lead to better co-ordinate efforts to keep drugs out of the prison.

As the responsible minister for prisons, I receive regular updates on their conditions and performance, including those at HMP Wandsworth, via a variety of means, including through formal face to face discussion such as the quarterly Ministerial Performance Review Board meetings.

HMP Wandsworth has benefitted from our £100 million investment in tough security measures, introducing x-ray body scanning for prisoners and enhanced gate security provisions for visitors and staff, which includes archway metal detectors, drugs dogs and x-ray baggage scanners. These measures are helping to tackle the supply of drugs and other contraband into prisons, and as of October 2023, our x-ray body scanners had recorded more than 46,900 positive indications across the prison estate since their introduction.

We are also expanding the number of Incentivised Substance-Free Living Units (ISFLs), where prisoners commit to remaining free of illicit drugs and alcohol, with regular drug testing and incentives. 80 prisons, including HMP Wandsworth, now have an ISFL. The ISFL at HMP Wandsworth is a 16-bed unit where residents have access to additional support, privileges and substance misuse interventions whilst undergoing voluntary drug testing twice a month.

HMP Wandsworth also works closely with their Substance Misuse Service Provider, “Change, Grow, Live” to deliver a comprehensive programme of recovery workshops, and is currently in the process of recruiting a new, dedicated Drug Strategy Lead to better co-ordinate efforts to keep drugs out of the prison.

As the responsible minister for prisons, I receive regular updates on their conditions and performance, including those at HMP Wandsworth, via a variety of means, including through formal face to face discussion such as the quarterly Ministerial Performance Review Board meetings.

Following a period of staffing challenges after the COVID-19 pandemic, we have seen a substantial improvement in the national staffing picture within prisons. The number of Band 3-5 prison officers has increased by 1,634 Full Time Equivalent (FTE) between December 2022 - 2023, and resignation rates have fallen over the same period. This is the result of significant efforts across the agency, including substantial increases in pay for staff and launching our first-ever nationwide advertising campaign.

Table One below shows the number of indicative vacancies for Band 3 Prison Officers in the Long Term & High Security Estate (for prisons in the South) for January 2018, January 2019, January 2020, January 2021, January 2022 and January 2023. Data is not held for the period January 2017 and has not been provided.

In reality, many establishments will routinely sit marginally below their Target Staffing level due to normal attrition and time to hire and so we would not expect establishments to run consistently at 100% staffing.

Where prisons are not at their Target Staffing level, these are routinely supplemented (e.g., by using Payment Plus, a form of overtime) which is not accounted for in the indicative vacancy data provided. Use of detached duty, a long-standing mechanism to deploy staff from one prison or region to support another, is also not reflected in the data.

Table One: Total Band 3 Prison Officer Indicative Vacancies across Long Term & High Security Estate (LTHSE) South, January 2018 to January 2023

Notes

• All data is taken from Workforce Planning Tool returns and show the average position across January for each year, adjusted for joiners and leavers in the month.
• Workforce Planning Tool returns are manually completed by Prisons each month and, as with any manual returns, are subject to human error.
• Data shows average resource across the month, adjusted for joiners and leavers in the month.
• The Long Term & High Security Estate South includes: Belmarsh, Isle of Wight, Long Lartin, Swaleside, Whitemoor and Woodhill.
• Indicative vacancies are the difference between Target Staffing levels and Staff in Post at an individual establishment level. Where Staff in Post (FTE) exceeds Target Staffing (FTE) for an establishment, the number of indicative vacancies has been shown as 0 FTE. Indicative vacancies have been summed across establishments to give the number of indicative vacancies for LTHSE South.
• Target Staffing level is the number of staff required to run an optimal regime in each prison. This level is greater than the minimum number of staff required for a prison to operate safely, and includes allowances for staff taking leave, being off sick or being on training.
• The Target Staffing Figures are set on a site-specific basis and vary in size. Over the reporting period in question, Target Staffing levels for the LTHSE estate has increased which in part explains the increase in vacancies.
• Band 3 Prison Officers include 'Prison Officer - Band 3' and 'Prison Officer - Youth Justice Worker - Band 3'.
• Target Staffing levels are established based on a 39-hour working week. Staff in Post (FTE) is set at 1.0 FTE for those on a 39-hour contract / 1.05 FTE for those on a 41-hour contract and 0.95 FTE for those on a 37-hour contract.
• Target Staffing levels cannot be used to directly calculate vacancies due to the discretion governors have to change establishment level staffing requirements through Governors' Freedoms. As a result, the Ministry of Justice does not regularly present vacancy data and the data presented should be treated with caution.
• Staff in Post data used to calculate an indicative number of vacancies does not take into account those on long-term absences (e.g. career breaks / loans / secondments / agency staff or other forms of overtime).
• Where prisons are not at their Target Staffing level, these are routinely supplemented (e.g., by using Payment Plus, a form of overtime) which is not accounted for in the indicative vacancy data provided. Use of detached duty, a long-standing mechanism to deploy staff from one prison or region to support another, is also not reflected in the data.

The Judicial Appointments Commission (JAC) is independent of government and has a statutory duty to select candidates for judicial appointment solely on merit; select only people of good character and have regard to the need to encourage diversity in the range of persons available for judicial selection. The JAC keeps its selection processes under continual review to ensure they are transparent, fair, and attract talented candidates from a wide range of backgrounds. In 2022-2023, across all legal JAC exercises, 51% of those recommended for appointment were women and 16% were ethnic minorities, contributing to a more diverse judiciary.

The Ministry of Justice, as a member of the Judicial Diversity Forum (JDF), works closely with the judiciary, the Judicial Appointments Commission (JAC), the Legal Services Board (LSB) and the three largest legal professions on actions to improve judicial diversity. The Forum’s 2024 action plan (https://judicialappointments.gov.uk/wp-content/uploads/2024/01/Judicial-Diversity-Forum-Priorities-and-Actions-for-2024.pdf) which was published in January, sets out our shared priorities.

General, otherwise known as ordinary, powers of attorney are governed by the Powers of Attorney Act 1971. They allow a donor to give power to an attorney to manage their affairs for a defined period of time. There is no requirement to name or notify nominated persons and the Public Guardian is not involved in the process. Powers of attorney are an important mechanism for supporting agency arrangements, often in a commercial context, and there are no plans to change this arrangement to require notification of nominated persons.

Lasting Powers of Attorney (LPAs) are governed by the Mental Capacity Act 2005 which requires that any nominated persons are notified at the point when an application is made to the Office of the Public Guardian to register the LPA. An application to register an LPA can be made either by the donor or by one or more attorneys named in the LPA. Currently, it is the applicant’s responsibility to notify any nominated persons. The Public Guardian maintains a register of all registered LPAs and anyone can request a free search to check if there is a registered LPA for a relative or friend.

The Powers of Attorney Act 2023, when implemented, will improve the process for notification and objections for LPAs. The Public Guardian will in future be responsible for issuing notices to the donor, their attorneys and any persons to be notified that the LPA has been received for registration and appears to be validly made. Furthermore, anyone who is aware that an LPA is being made will be able to object to its registration at an earlier stage in the process if they have concerns. These changes will strengthen the existing safeguards in the system.

Under the Mental Capacity Act 2005, execution of a lasting power of attorney (LPA) must be witnessed and a certificate provider must confirm that the donor understands the powers they are conferring on their attorney or attorneys and is not being coerced to make the LPA. A mandatory 4-week period must elapse before registration, allowing time for objections to be raised prior to registration.

Following consultation on ways to strengthen these protections, my department is working with the Office of the Public Guardian to implement a modernised LPA, facilitated by the Powers of Attorney Act 2023.

The modernised LPA will introduce identity checks for donors and certificate providers to reduce the risk that an unknown party could obtain an LPA in another person’s name without their knowledge. The certificate provider will be required to be present at execution of the LPA by the donor and a more streamlined objection process will allow anyone to object, making it easier for potential abuses to be challenged earlier in the process. These measures collectively should reduce the risk of fraudulent LPAs and abuse of the powers they confer.

Once the LPA is registered, any concerns about its use can be reported to the Office of the Public Guardian, which has authority to investigate. It can, if necessary, ask the court to remove the power for an attorney to act.

The information requested could only be obtained at disproportionate cost.

All prisons have a zero-tolerance approach to drugs. Our drug testing contract also enables us to deliver key commitments in the Cross-Government Drug Strategy such as: testing of offenders who receive a Drug Rehabilitation Requirement, the pilot of Intensive Supervision Courts and increased flexibility to test for a broader range of drugs. In addition, all prisons have been provided with access to forensic testing of items seized or found within the estate.

Our £100 million Security Investment Programme completed in March 2022 and delivered 75 additional X-ray body scanners, supplying full coverage across the closed male estate. We have also installed 84 X-ray baggage scanners at 49 sites, drug detection machines and metal detection archways. Furthermore, we are taking steps to support individuals with substance misuse issues in prison. We have dramatically increased the number of incentivised substance-free living units (ISFLs), where prisoners commit to living drug-free with incentives and regular testing. 80 prisons now have an ISFL, up from 25 in summer 2022.

No Police Detectives are directly employed by HMPPS. HMPPS has, however, funded 20 dedicated Police Detectives employed in Police Regional Organised Crime Units, to support in the investigation of corruption within the organisation.

The table below sets out the number of appeals for all types of benefit awaiting a hearing (i) nationally, (ii) by region, and (iv) by hearing venue as at end of December 2023 (the latest period for which data are available). There is no separate data collated at (iii) Tribunal office level.

Data for 22 April 2010 could only be obtained at disproportionate cost.

From April 2023 the SSCS Tribunal started to list cases using a new Scheduling and Listing solution. This, alongside HMCTS migrating to a new Strategic Data Platform, has resulted in some cases heard and decided using this new listing solution not currently being included in the data above.

1. Data pulled 24/4/2024

2. Unallocated relates to appeals that have not yet been allocated to a venue.

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.

Management information reflects the data held on the case management system, which is subject to change, and can differ from the quality-assured MOJ official statistics, which form the agreed definitive position.

Between 2011/12 and 2021/22, the overall proven reoffending rate decreased from 31.3% to 25.2%. As shown in the attached table, the most recent data shows that reoffending rates for both murderers and rapists are at their lowest levels since 2005. In particular, the proportion of rapists who reoffend has fallen from 10.2% in 2005/06 to 5.3% in 2021/22.

We are taking action to drive down the reoffending rate for all offenders by investing in a wide range of rehabilitative interventions to get them into skills training, work, and stable accommodation. Since 2021, we’ve rolled out Employment Hubs and Prison Employment Leads in all resettlement prisons and are delivering our temporary accommodation service for all prisoners at risk of homelessness.

The full information requested can be found in the attached table.

Between 2011/12 and 2021/22, the overall proven reoffending rate decreased from 31.3% to 25.2%. As shown in the attached table, the most recent data shows that reoffending rates for both murderers and rapists are at their lowest levels since 2005. In particular, the proportion of rapists who reoffend has fallen from 10.2% in 2005/06 to 5.3% in 2021/22.

We are taking action to drive down the reoffending rate for all offenders by investing in a wide range of rehabilitative interventions to get them into skills training, work, and stable accommodation. Since 2021, we’ve rolled out Employment Hubs and Prison Employment Leads in all resettlement prisons and are delivering our temporary accommodation service for all prisoners at risk of homelessness.

The full information requested can be found in the attached table.

The Ministry of Justice does not currently collate data on whether a prosecution or conviction relied on the doctrine of joint enterprise or whether an appeal in such a case resulted in the conviction being quashed or the sentence changed.

The Crown Prosecution Service has recently updated their case management system to enable better tracking of homicide and attempted homicide cases involving joint enterprise.

The Ministry of Justice holds data on convictions for murder offences.

The published data, from 2010 to 2022, can be found in the following tool: Outcomes by Offence tool: December 2022.

The most recent published data available, from year ending June 2011 until the year ending June 2023, can be found in the following tool: Outcomes by Offence tool: June 2023.

The full calendar year for 2023 will be available in the next update of the Outcomes by Offence tool, expected in May 2024.

The data can be accessed by navigating to the ‘Prosecutions and convictions’ tab and using the offence code filer to select the following offences in the Outcomes by Offence data tool:

• 00101 Murder – victim aged 1 year or over
• 00102 Murder – victim under one year old

To cover the full period requested, convictions for murder offences from 2005 to 2009 have been provided in Table 1.

It is not advised to use this data to calculate conviction rate due to the Court Proceedings Database counting two separate records at two separate stages. We cannot track the defendant throughout their court journey and an individual may appear at each court in separate years, or for a different principal offence at different stages. As a result, this rate is not an accurate measure of the proportion of prosecutions that result in a conviction.

This Government is committed to improving the criminal justice system’s response to rape. In 2019, we commissioned our end-to-end Rape Review, publishing this in 2021 alongside a clear Action Plan that committed to delivering sustained improvements for victims. In this Action Plan, we set ourselves stretching ambitions to return the volumes of adult rape cases being referred by the police, charged by the CPS, and going to court back to 2016 levels by the end of this Parliament.

We have exceeded each of these ambitions ahead of schedule. In practice, this means we have more than doubled the volumes of police referrals, charges, and cases reaching court compared to when the Review was commissioned in 2019.

Increases to conviction volumes or conviction rates were not included as ambitions for the Rape Review. The right to a fair trial means that juries should rightly make decisions independently and based on the facts of the case.

Whilst not being a Rape Review ambition, the Ministry of Justice does hold data on convictions for rape offences.

Published data for calendar years (from 2010 to 2022) can be found in the following tool: Outcomes by Offence tool: December 2022.

The most recent published data available, providing data for the years ending in June from 2011 until 2023, can be found in the following tool: Outcomes by Offence tool: June 2023.

The full calendar year for 2023 will be available in the next update of the Outcomes by Offence tool, expected in May 2024.

This can be accessed by navigating to the ‘Prosecutions and convictions’ tab and using the Offence filter to select the following offences in the Outcomes by Offence data tool:

• 19C Rape of a female aged 16 or over
• 19D Rape of a female aged under 16
• 19E Rape of a female child under 13 by a male
• 19F Rape of a male aged 16 or over
• 19G Rape of a male aged under 16
• 19H Rape of a male child under 13 by a male

To cover the full period requested, previously unpublished convictions for rape offences from 2005 to 2009 have now been provided in Table 1.

It is not advised to use this data to calculate conviction rate (the number of convictions as a proportion of the number of prosecutions). This is due to the Court Proceedings Database counting two separate records at two separate stages (one for prosecution, one for conviction). We cannot track the defendant throughout their court journey and an individual may appear at each court in separate years, or for a different principal offence at different stages. As a result, this rate is not an accurate measure of the proportion of prosecutions that result in a conviction.

However, the most accessible published data for conviction rates is in the quarterly data summaries for the period 2019/20 onwards published by the CPS in the CPS quarterly data summaries | The Crown Prosecution Service. Furthermore, convictions rates 2007/8 to 2013/14 are available in the CPS Violence against Women and Girls crime report 2013-2014.

On 1 April 2024, the Sentencing Council for England and Wales introduced a new mitigating factor ‘difficult and/or deprived background or personal circumstances’ across all offence specific guidelines, following consultation. As a statutory consultee, the Lord Chancellor made clear in his response his opposition to the inclusion of this new mitigating factor. However, as an independent body, the Government cannot require the Council to review particular guidelines.

Regarding the implementation of the guidelines, under the Coroners and Justice Act 2009, the Council is required to monitor the operation and effect of its guidelines once published. The Council decides on its own priorities and work plan for producing and monitoring guidelines.

In relation to judicial training, in order to preserve the independence of the judiciary, the Lady Chief Justice has statutory responsibility under the Constitutional Reform Act 2005 for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary. The Lady Chief Justice exercises this responsibility through the Judicial College.

There is no expectation of anonymity for jurors in trials. It is standard procedure that jurors’ names are called out to allow the defendant, or the defence’s legal representative, the opportunity to object to any person called, if for example they have knowledge of the defendant or of the case, which may be prejudicial to the trial.

However, Criminal Procedure Rule 25.6(4) allows for jurors to be announced by an identifying number assigned by the court officer to that person (rather than by their name) where the court is satisfied that that is necessary.

We take the safety of jurors and all those who attend the crown court seriously. Jurors are advised to make immediate contact with HMCTS staff if they are approached by anyone they think may be connected to the case they are part of the jury for, or if they feel threatened or concerned. If they are not in the courthouse and think they are in immediate danger, jurors are advised to dial 999.

We are unable to provide data on the number of people on probation who have been assessed as eligible for the Building Better Relationships programme (BBR) or who are waiting for a place on that programme as of 23 April 2024 without incurring disproportionate cost. We are also unable to provide the number of available places on the BBR programme for people on probation in 2024-25 without incurring disproportionate cost. This information is not collated and recorded centrally. Regions collect their own management information and waiting lists vary with average waiting times for BBR between one and five months. Each region manages their own accredited programme referrals and allocation of places is based on risk and order expiry date.

We are unable to provide data on the number of filled custodial places on the Building Better Relationships (BBR) programme in 2023-24 at this time as to do so would breach official statistics publication rules outlined in the Code of Practice for Statistics as they will form a subset of future published statistics. Data for 2023-2024 will be published in the Prison Education and Accredited Programme Statistics report on 26 September 2024.

There are 210 places available on the BBR programme for people in custody for 2024-25. This is subject to review related to changes in both the demand for different programmes, and the transition to new programmes being introduced in-year.

We are unable to provide data on the number of people on probation who have been assessed as eligible for the Building Better Relationships programme (BBR) or who are waiting for a place on that programme as of 23 April 2024 without incurring disproportionate cost. We are also unable to provide the number of available places on the BBR programme for people on probation in 2024-25 without incurring disproportionate cost. This information is not collated and recorded centrally. Regions collect their own management information and waiting lists vary with average waiting times for BBR between one and five months. Each region manages their own accredited programme referrals and allocation of places is based on risk and order expiry date.

We are unable to provide data on the number of filled custodial places on the Building Better Relationships (BBR) programme in 2023-24 at this time as to do so would breach official statistics publication rules outlined in the Code of Practice for Statistics as they will form a subset of future published statistics. Data for 2023-2024 will be published in the Prison Education and Accredited Programme Statistics report on 26 September 2024.

There are 210 places available on the BBR programme for people in custody for 2024-25. This is subject to review related to changes in both the demand for different programmes, and the transition to new programmes being introduced in-year.

We are unable to provide data on the number of people on probation who have been assessed as eligible for the Building Better Relationships programme (BBR) or who are waiting for a place on that programme as of 23 April 2024 without incurring disproportionate cost. We are also unable to provide the number of available places on the BBR programme for people on probation in 2024-25 without incurring disproportionate cost. This information is not collated and recorded centrally. Regions collect their own management information and waiting lists vary with average waiting times for BBR between one and five months. Each region manages their own accredited programme referrals and allocation of places is based on risk and order expiry date.

We are unable to provide data on the number of filled custodial places on the Building Better Relationships (BBR) programme in 2023-24 at this time as to do so would breach official statistics publication rules outlined in the Code of Practice for Statistics as they will form a subset of future published statistics. Data for 2023-2024 will be published in the Prison Education and Accredited Programme Statistics report on 26 September 2024.

There are 210 places available on the BBR programme for people in custody for 2024-25. This is subject to review related to changes in both the demand for different programmes, and the transition to new programmes being introduced in-year.

The Ministry of Justice (MoJ) recognises that the nature of the fraud threat it faces is constantly evolving and that our response must be equally as agile. The MoJ has been developing its Counter Fraud Centre of Expertise (CoEx) since 2019 and this team has a central governance and oversight role across the Department, including its Executive Agencies, Arm’s Length Bodies and core Functions.

The MoJ maintains a collaborative working relationship with the Public Sector Fraud Authority (PSFA) regarding Counter Fraud Functional Standards and performance, and contributes to PSFA thematic working groups, for example internal fraud risks.

The MoJ conducts regular internal reviews against Functional Standards across the Department and collaborates with teams to improve performance and raise awareness in terms of fraud risk assessment, fraud controls and fraud reporting.

The MoJ took part in the 2022 National Fraud Initiative that looked to identify duplicated payroll data held across other public and private sector bodies to prevent and detect fraud.

The MoJ provides management information and updates to the Department Audit and Risk Committee.

The MoJ has always had a current Counter Fraud Strategy, Policy and Response Plan in place, all of which are readily accessible on the respective Intranet sites.

The Ministry of Justice produces the data required to deliver justice effectively in Wales. A significant amount of data is already published that is disaggregated for Wales.

Officials in the Ministry of Justice and His Majesty’s Prison and Probation Service continue to work with Welsh Government officials to consider areas in which Wales-specific data is not available and examine whether any such data might further aid the delivery of justice in Wales.

Section 156 (2) of the Police, Crime, Sentencing and Courts Act 2022 introduced a new statutory aggravating factor for certain assault offences where they are committed against a person providing a public service, performing a public duty, or providing services to the public. The Government introduced this to ensure that the public-facing nature of a victim's role would be considered, allowing the court to give a longer sentence within the statutory maximum for the offence.

The Ministry of Justice does not collect or publish data on the use of aggravating factors. Currently, there is no specific offence for an attack against a worker undertaking a public-facing role. As assault of a worker in a public-facing role is not a specific offence, we are unable to assess the trends relating to assaults on public-facing workers specifically.

The Government recognises the seriousness of assaults on workers undertaking public-facing roles and is clear that we must adopt a zero-tolerance approach to assault against those who serve the public. This is why in April 2024, the Government published ‘Fighting Retail Crime: more action’, within which the Government announced plans to introduce a new offence of assault against a shop worker, building on the operational policing commitments in the police-led Retail Crime Action Plan published in October 2023.

The decision to remand an individual in custody or to grant bail is solely a matter for the independent judiciary acting in accordance with the law. The Ministry of Justice therefore cannot intervene in any decision made by the court and cannot assess whether remands to custody or bail are more appropriate in these cases.

The information requested is not held centrally.

The tables below set out the number of Personal Independence Payment, Disability Living Allowance, Employment Support Allowance and Universal Credit appeals awaiting a hearing (a) nationally, (b) by region, and (d) by hearing venue as at end of December 2023 (the latest period for which data are available). There are no separate data collated at (c) tribunal office level.

Information about the average length of time between appeals being lodged and heard; and in how many case the length of time waited has exceeded this average is not held centrally.