The Ministry of Justice is a major government department, at the heart of the justice system. We work to protect and advance the principles of justice. Our vision is to deliver a world-class justice system that works for everyone in society.
Oral Answers to Questions is a regularly scheduled appearance where the Secretary of State and junior minister will answer at the Dispatch Box questions from backbench MPs
Other Commons Chamber appearances can be:Westminster Hall debates are performed in response to backbench MPs or e-petitions asking for a Minister to address a detailed issue
Written Statements are made when a current event is not sufficiently significant to require an Oral Statement, but the House is required to be informed.
Ministry of Justice does not have Bills currently before Parliament
Ministry of Justice has not passed any Acts during the 2024 Parliament
e-Petitions are administered by Parliament and allow members of the public to express support for a particular issue.
If an e-petition reaches 10,000 signatures the Government will issue a written response.
If an e-petition reaches 100,000 signatures the petition becomes eligible for a Parliamentary debate (usually Monday 4.30pm in Westminster Hall).
Commons Select Committees are a formally established cross-party group of backbench MPs tasked with holding a Government department to account.
At any time there will be number of ongoing investigations into the work of the Department, or issues which fall within the oversight of the Department. Witnesses can be summoned from within the Government and outside to assist in these inquiries.
Select Committee findings are reported to the Commons, printed, and published on the Parliament website. The government then usually has 60 days to reply to the committee's recommendations.
Courts have wide ranging powers to impose cost orders on defendants and to recover some of the costs of investigating the offence and bringing the case to court. All such orders are at the discretion of the court, ensuring that they are just and reasonable, taking into account the means of the offender. The Legal Aid Agency is responsible for recovering contributions towards defendants’ legal aid costs from their income during the case and from their capital if they are convicted. Income contributions are returned to defendants who are acquitted.
This information requested is not held centrally.
In making decisions about who qualifies for legal aid, the Legal Aid Agency must apply the provisions of the Legal Aid Sentencing and Punishment of Offenders Act 2012, and any regulations made under that Act. This legislation applies to any application for legal aid in connection with legal advice and proceedings in England and Wales. Where proceedings are before a court or tribunal in England or Wales, legal aid is available to individuals who qualify for services irrespective of their nationality or usual place of residence. As nationality is not a determinative factor in the availability of legal aid, it is not mandatory that this information is provided with an application for legal aid and nor is it specifically tracked or recorded by the Department.
The Post Office (Horizon System) Offences Act 2024 quashed all convictions meeting the conditions in the Act immediately upon commencement on 24 May 2024.
Following the commencement of the Act, the Ministry of Justice has been working through data from a range of sources and spanning multiple decades to identify convictions that are in scope of the Act and notify individuals of this where possible. As of 6 September 2024, the Ministry of Justice has sent 178 letters to individuals notifying them that their convictions were quashed by the Act, covering a total of 506 convictions. More letters are being sent on a daily basis, and we aim to have issued letters to individuals with a known conviction by early November.
The Single Justice Procedure is an important part of ensuring cases can be heard swiftly within the magistrates' courts.
We are aware of the criticism of aspects of the process and are looking at ways to improve the process to ensure the Single Justice Procedure continues to provide a fair and proportionate way of dealing with these offences.
We currently offer free transcripts of the judge’s sentencing remarks in some circumstances and are piloting extending this to victims of rape and serious sexual offences.
I understand transcripts may help individuals obtain closure on traumatic events.
Transcripts must be 100% accurate. Anyone who has used voice dictation technology will know mistakes can be made. I will continue to keep this under review but have to balance costs against many other competing priorities within the court budget.
My department provides funding for vital rape and sexual abuse support, to help victims cope and recover from the impacts of crime, through a mix of locally and nationally commissioned services.
Funding beyond March 2025 will be agreed with HM Treasury through the Spending Review, which we cannot pre-empt. We will work closely with HMT officials through this process.
Access to justice is integral to a fair society, including for our rural communities. That’s why we want to ensure effective and timely access to justice, including through our legal aid system and the broader network of legal support services, and by making best use of modern technology in providing advice.
In our courts and tribunals, modernised services and more effective use of technology are improving people’s access to the justice system across the country.
This Government is committed to intervening early and supporting the most vulnerable children to address their needs and reduce the risk of young people offending. We are developing a new approach to youth justice by creating a new Young Futures programme with a network of hubs reaching every community. These hubs will have youth workers, mental health support workers and careers advisers to support young people’s mental health and avoid them being drawn into crime. Local prevention partnerships will identify young people who could be drawn into violence and crime and intervene.
Custody should always be a last resort for children. To divert more children from custodial remand, we are also running pilots in Greater Manchester and London for new forms of community accommodation as robust alternatives to custody and will continue to explore potential further reforms and steps in this area.
Making prisons safe remains a key priority. We are working hard to reduce violence and self-harm and have a range of measures in place to address these safety issues.
We have completed our landmark £100 million Security Investment Programme to clamp down on illicit items such as drugs, mobile phones and weapons – that drive prison violence and undermine safety.
To ensure our staff are equipped with the right tools to protect themselves and prisoners from serious assaults, we have completed the roll out of PAVA – a synthetic pepper spray – for use by prison officers in the adult male estate alongside SPEAR, a personal safety training package.
We recognise that rates of self-harm across the estate are high, and we are taking action to address this. We provide individualised support through our case management process for people identified as at risk of suicide and self-harm.
We fund Samaritans through a £2 million grant (provided up until March 2025). This is primarily for the delivery of the Listener scheme in over 100 prisons; In 2023 there were over 1,300 prisoners volunteering as Listeners who provided over 14,000 hours of emotional support to other prisoners.
This Government will act to reduce reoffending by giving offenders leaving prison the tools to move away from crime.
This will include improving prisoners' access to purposeful activity, such as education; delivering pre-release plans for all those leaving custody; and ensuring that ex-offenders leave prison with a job and the skills needed to lead law abiding lives.
We are also supporting prisoners with a mental health or substance misuse need into treatment and are building stronger links with health partners to support continued engagement with treatment for prison leavers.
The system to process possession claims when section 21 is abolished already exists for claims under Section 8 grounds of the Housing Act 1988 and the Civil Procedure Rules.
There will be some form changes to remove the Section 21 process. Any changes required will be made by the relevant Procedure Rule Committee once the details of the new legislation are confirmed. Guidance materials for court staff will also be updated accordingly. Judicial training is the responsibility of the Lady Chief Justice and the Judicial College and will be considered as part of wider implementation plans.
Staff must be able to expect a safe and decent work environment. We will not tolerate any violence against prison officers and prisoners who are violent towards staff will face the full consequences of their actions.
The Police, Crime, Sentencing and Courts Act 2022 doubled the maximum penalty to up to two years’ imprisonment for those who assault emergency workers, including prison officers. There are higher maximum penalties in place for more serious offences, including ABH, GBH and sexual assault.
We are providing targeted support to adult male prisons with the highest assault rates to tackle local drivers of violence.
We are continuing with plans for a phased removal of wet-shave razors in up to 30 prisons in the adult male estate in 2024/25.
To protect staff from serious assaults, prison officers in the adult male estate are provided with PAVA, a synthetic pepper spray. Every prison officer across public sector prisons can wear a Body Worn Video Camera whilst on shift, providing high-quality evidence to support prosecutions against those who commit assaults against staff.
We are implementing measures to ease prison crowding as we know that crowded conditions can increase violent incidents in prisons.
We are committed to ensuring the long-term sustainability of the civil legal aid sector and are keen to work closely with practitioners and their representative bodies to look at how best we can address this.
We want to understand the different ways in which the justice system can be improved and will be carefully considering our options on the way forward. This includes considering the evidence on civil legal aid gathered over the past year.
The spend in 2023/24 for the Ministry of Justice’s Core Communications team 2023/24 was £8,903,437. This spend covers the staff and non-staff costs for internal communications, strategic communications, campaigns, marketing, external affairs, insight & evaluation, digital communications and our press office. It is worth noting that 2023/24 accounts are still to be audited, so may be subject to change.
We do not publish a ‘waiting time’ measure for Magistrates’ courts. The Magistrates’ courts timeliness tool contains published estimates of timeliness from offence to case completion at the Magistrates’ courts. It is available down to Local Criminal Justice Board (LCJB) level, not to court level: https://assets.publishing.service.gov.uk/media/66040ea791a320001a82b079/time_mags_tool.xlsx
More than 90 per cent of all criminal cases are dealt with at the magistrates’ courts, where cases continue to be completed swiftly. However, in the last year, the magistrates’ courts outstanding caseload has begun to increase, following an increase in the number of cases coming before the criminal courts.
The Government recognises the importance that faith and belief can have in someone’s rehabilitation, and the role it can play in reducing re-offending. That is why we have been clear that we should include this in planning and work across prisons and probation, and with communities, to strengthen support available.
Faith and belief services, together with pastoral care in prison in England and Wales, are delivered by multi-faith Chaplaincy teams in all prisons and young offender institutions in the secure state, in accordance with the requirements of the Prison Act 1952, the Prison Rules 1999, the Young Offender Rules 2000 and Prison Service Instruction 05/2016 Faith and Pastoral Care of Prisoners.
The delivery of these services is monitored through Quality, Assurance and Development visits to prisons, inspections by HM Inspectorate of Prisons, and the annual reports of prison Independent Monitoring Boards.
Information on the average annual cost per prisoner, cost per prison place and overall prison unit cost for each private and public sector prison in England and Wales is published by His Majesty’s Prison and Probation Service (HMPPS) after the end of each financial year on the gov.uk website.
The overall average cost for running a prison place for a year (per prison place) in 2022-23 was £51,724. This information can also be found through the following link: https://www.gov.uk/government/publications/prison-performance-data-2022-to-2023.
The Ministry of Justice expects the 2023-24 Prison Unit Cost data to be published in December 2024, once the 2023-24 HMPPS Annual Report & Accounts have been published.
The average cost to the Probation Service in 2023-24 of an additional person on the probation licence caseload (including probation pre-release costs) was estimated at c.£4,500 compared with c.£3,150 for an additional person on the probation court order caseload (community orders and suspended sentence orders). This can be found through the following link: https://assets.publishing.service.gov.uk/media/65537c7d50475b000dc5b590/Sentencing_Bill_-_IA_-_HDC.pdf.
Note that the costs presented exclude some costs to the Ministry of Justice, such as the costs of building prisons, costs not directly tied to changes in probation caseload and MoJ HQ costs.
We value the contribution that the Duke of Edinburgh’s Award scheme can make in enabling young people in custody to develop essential skills and discover new talents. In this way, they can learn to take responsibility for themselves and others. Those who gain the award will be able to point to a widely-respected achievement that can help them fulfil their potential after release. The scheme is currently available in HMYOI Wetherby, HMYOI Feltham A, HMYOI Parc and HMYOI Werrington, and management information shows that 36 young people from those establishments are currently enrolled on the scheme. Five children in one of our secure children’s homes are also taking part, and a number of other secure children’s homes, as well as Oakhill Secure Training Centre, are in the process of joining the scheme. The new Secure School in Kent also plans to offer the award, as part of a varied enrichment and education offer.
The Probation Service has a crucial role in protecting the public and providing a path of reintegration into the community to break the cycle of reoffending. The Service delivers these goals by working closely with local partners – such as police forces, local authorities, and third sector organisations, amongst others. The Government is committed to learning from successful examples of local partnerships and support the whole service to improve join-up and deliver better outcomes.
This Government is determined to make further progress towards a safe and sustainable release for those serving the IPP sentence. We believe that it is right that these sentences were abolished, and in Opposition we supported changes made in the Victims and Prisoners Act 2024 to the IPP licence period and the introduction of a statutory requirement for the Government to publish an IPP annual report on the steps taken to support rehabilitation and progress towards release from prison or licence termination.
We are committed to working with all organisations who seek to ensure the appropriate course of action is taken to enhance support for those still serving IPP sentences.
The number of prisoners serving indeterminate sentences of Imprisonment for Public Protection (IPP) in HMP Buckley, HMP Hindley, HMP Forest Bank and HMP Manchester, as at 30 June 2024, are set out in the table below.
Prison | Number of IPP Prisoners |
Buckley Hall | 49 |
Forest Bank | 27 |
Hindley | 18 |
Manchester | 24 |
Please note:
(1) Figures for the IPP population include both unreleased and recalled IPP prisoners.
(2) The figures in this table have been drawn from administrative IT systems which, as with any large-scale recording system, are subject to possible errors with data entry and processing.
This Government believes it is right that these sentences were abolished and is determined to make further progress towards a safe and sustainable release for those serving the IPP sentence, but not in a way that impacts public protection.
The expansion at HMP Hindley will deliver c.500 places through two new houseblocks, as part of our wider prison build programme. The contract is being finalised and once concluded we expect the construction period to take c.3 years.
In June 2019, the Ministry of Justice put in place the Prison Operator Services Framework to manage a pipeline of operator competitions for new build prisons, and existing private prisons as they expire. To date, nine operator competitions have been launched via the Framework, with seven contracts awarded. One further contract is due to be awarded in 2024 before the final contract is awarded in 2025.
The aim of all operator competitions is to secure an operator to provide high quality, sustainable, and value for money custodial and maintenance services that are safe, decent, secure, and rehabilitative.
In each competition, bidders are required to set out detailed, high quality, value for money prison specific proposals that must meet minimum quality and financial thresholds. Bids are evaluated against clearly defined quality and financial criteria and a public sector comparator.
All operator competitions to date have delivered savings and provided additional added value when compared against the public sector comparator.
We are grateful to INQUEST for their proposal on a National Oversight Mechanism, and will be meeting with them, on this and wider issues, as soon as is practicable.
The role of the Probation Service is crucial in protecting the public, turning offenders’ lives around, and providing a path of reintegration into the community to ultimately break the cycle of reoffending. The Probation Service works collaboratively with many partner organisations across the criminal justice system – police forces, local authorities, health providers, the third sector, and others – to drive down offending and keep our streets safe.
There are already great examples of partnership working between HMPPS and others. For example, in Greater Manchester, HMPPS’s temporary accommodation provision is delivered in partnership between HMPPS and the Greater Manchester Combined Authority, to improve efficiency and outcomes. We will continue to encourage and facilitate participation of partners to ensure the services provided are fit for purpose and meet local needs.
I want to acknowledge the valuable work that the third sector does in supporting the work of the Department. Officials meet regularly with the third sector to discuss mutual areas of interest.
To provide services that are best value for money, responsive to local need, and fit for purpose, it is important that organisations of all sizes can participate in contracts.
HMPPS is working to encourage and facilitate participation of voluntary community and social enterprises in the justice system, by simplifying contracting processes for lower value contracts to make them more accessible for third sector organisations. There is ongoing work to support and upskill the sector in the bidding process.
Furthermore, as part of our planning to recommission current services, we are engaging with interested parties, including current and potential suppliers, the third sector, prison and probation staff, and people in prison and on probation to support the commissioning and design of future services.
We are aware that the Law Commission made recommendations for wholesale change of weddings law in July 2022. We will take the time as a new Government to properly consider this issue. We will set out our next steps on our manifesto commitment to strengthen rights and protections for women in cohabitating couples in the near future.
This Government is reducing reoffending by giving prison leavers the tools to move away from crime.
The latest available data for England and Wales shows that 37.0% of adults released from custody between April 2021 and March 2022 were proven to have reoffended within 12 months of release.
We do not currently measure reoffending rates for released prisoners receiving benefits, on training schemes for job placements or in work (although the latter will be featured in future publications of proven reoffending statistics, with the first due for release in October 2024).
We do, however, know from previous research that offenders who leave custody into employment are up to nine percentage points less likely to reoffend, and there is a similar percentage point reduction in reoffending for those who have engaged in any form of in-prison education.
This Government is reducing reoffending by giving prison leavers the tools to move away from crime.
The latest available data for England and Wales shows that 37.0% of adults released from custody between April 2021 and March 2022 were proven to have reoffended within 12 months of release.
We do not currently measure reoffending rates for released prisoners receiving benefits, on training schemes for job placements or in work (although the latter will be featured in future publications of proven reoffending statistics, with the first due for release in October 2024).
We do, however, know from previous research that offenders who leave custody into employment are up to nine percentage points less likely to reoffend, and there is a similar percentage point reduction in reoffending for those who have engaged in any form of in-prison education.
This Government is reducing reoffending by giving prison leavers the tools to move away from crime.
The latest available data for England and Wales shows that 37.0% of adults released from custody between April 2021 and March 2022 were proven to have reoffended within 12 months of release.
We do not currently measure reoffending rates for released prisoners receiving benefits, on training schemes for job placements or in work (although the latter will be featured in future publications of proven reoffending statistics, with the first due for release in October 2024).
We do, however, know from previous research that offenders who leave custody into employment are up to nine percentage points less likely to reoffend, and there is a similar percentage point reduction in reoffending for those who have engaged in any form of in-prison education.
This Government is reducing reoffending by giving prison leavers the tools to move away from crime.
The latest available data for England and Wales shows that 37.0% of adults released from custody between April 2021 and March 2022 were proven to have reoffended within 12 months of release.
We do not currently measure reoffending rates for released prisoners receiving benefits, on training schemes for job placements or in work (although the latter will be featured in future publications of proven reoffending statistics, with the first due for release in October 2024).
We do, however, know from previous research that offenders who leave custody into employment are up to nine percentage points less likely to reoffend, and there is a similar percentage point reduction in reoffending for those who have engaged in any form of in-prison education.
The prison education curriculum enables prisoners to gain the skills they need to get employment on release. In addition to English, maths and vocational training we offer bespoke, local training via the Dynamic Purchasing System. We are developing other training through our Future Skills Programme in a variety of sectors, such as construction and hospitality with employers guaranteeing interviews to prisoners on completion of the course. Prisoners may also undertake other work placements during their sentence which prepares them for work on release. Some are within the prison setting e.g. prison kitchens, but prisoners in open prisons may also go out to work in a variety of sectors under Release on Temporary Licence conditions. We also work with the Department for Education who fund a ‘skills bootcamp’ to deliver training in skills needed to work in the rail industry alongside continuing to develop the opportunities for serving prisoners to undertake apprenticeships.
Prison Education delivered by HMPPS is underpinned by the Apprenticeships, Skills, Children and Learning Act 2009, the Prison Rules 1999 and the Prison Education and Libraries Framework. The delivery of apprenticeships to prisoners is governed by the Apprenticeships (Miscellaneous Provisions) Regulations 2017. All aspects of education, skills and work are inspected by Ofsted alongside HMIP.
In accordance with the Ministerial and Other Pensions and Salaries Act 1991, paid Ministers below the age of 65 are entitled to a loss of office payment of one quarter of their claimed annual ministerial salary when they cease to hold office.
Departments are required to publish the detail of any ministerial severance payments made within their Annual Report and Accounts each year.
Details of such payments are published in departmental annual reports and accounts:
Ministry of Justice Annual Report and Accounts 2022 to 2023 - GOV.UK (www.gov.uk)
Ministry of Justice Annual Report and Accounts 2021 to 2022 - GOV.UK (www.gov.uk)
Ministry of Justice Annual Report and Accounts 2020 to 2021 - GOV.UK (www.gov.uk)
Ministry of Justice Annual Report and Accounts 2019 to 2020 - GOV.UK (www.gov.uk)
The financial accounts for 2023/24 will be released in due course.
Much of government spending is allocated via an annual budgetary process, which often requires complex choices that can take time to be resolved. This year, the General Election complicated this further – it was not possible for the Department to confirm funding decisions during the election period after the election was called on 22 May 2024. However, within a matter of days of coming into government, we made this decision, and it was communicated to Youth Offending Teams (YOTs).
This Government recognises the challenges associated with late annual allocations for local youth justice services and the need for YOTs to have stable funding for financial planning.
We want to ensure that local services are equipped to make effective use of grant funding. The upcoming multi-year Spending Review is an opportunity for this Government to assess how funding is most efficiently delivered.
Much of government spending is allocated via an annual budgetary process, which often requires complex choices that can take time to be resolved. This year, the General Election complicated this further – it was not possible for the Department to confirm funding decisions during the election period after the election was called on 22 May 2024. However, within a matter of days of coming into government, we made this decision, and it was communicated to Youth Offending Teams (YOTs).
This Government recognises the challenges associated with late annual allocations for local youth justice services and the need for YOTs to have stable funding for financial planning.
We want to ensure that local services are equipped to make effective use of grant funding. The upcoming multi-year Spending Review is an opportunity for this Government to assess how funding is most efficiently delivered.
Much of government spending is allocated via an annual budgetary process, which often requires complex choices that can take time to be resolved. This year, the General Election complicated this further – it was not possible for the Department to confirm funding decisions during the election period after the election was called on 22 May 2024. However, within a matter of days of coming into government, we made this decision, and it was communicated to Youth Offending Teams (YOTs).
This Government recognises the challenges associated with late annual allocations for local youth justice services and the need for YOTs to have stable funding for financial planning.
We want to ensure that local services are equipped to make effective use of grant funding. The upcoming multi-year Spending Review is an opportunity for this Government to assess how funding is most efficiently delivered.
The Ministry of Justice publishes data for offences under the requested legislation in the Outcomes by Offence data tool: December 2023 using following HO codes:
(a) Section 51A of the Sexual Offences Act 2003 (Soliciting):
(b) Section 1 of the Street Offences Act 1959 (Loitering or soliciting for purposes of prostitution):
(c) Section 52 of the Sexual Offences Act 2003 (Causing or inciting prostitution for gain):
(d) Section 53 of the Sexual Offences Act 2003 (Controlling prostitution for gain):
(e) Section 53A of the Sexual Offences Act 2003 (Paying for sexual services of a prostitute subjected to force etc.):
(f) Section 33A of the Sexual Offences Act 1956 (Keeping a brothel used for prostitution):
(g) Section 46 of the Criminal Justice and Police Act 2001 (Placing of advertisement relating to prostitution.):
(h) Section 2 and 3(3) of the Modern Slavery Act 2015 (Human trafficking – sexual exploitation):
Statistics on the timeliness of possession claims are published here: Mortgage and landlord possession statistics: April to June 2024 - GOV.UK (www.gov.uk). Data is published covering the period to June 2024.
The Government has announced its intention to legislate to abolish Section 21 repossessions. Once Section 21 repossessions are no longer available for landlords to use, the County Court will continue to work to the procedures and timelines set out in the Civil Procedure Rules for the management of possession claims including enforcement brought under other grounds.
Statistics on the timeliness of possession claims are published here: Mortgage and landlord possession statistics: April to June 2024 - GOV.UK (www.gov.uk). Data is published covering the period to June 2024.
The Government has announced its intention to legislate to abolish Section 21 repossessions. Once Section 21 repossessions are no longer available for landlords to use, the County Court will continue to work to the procedures and timelines set out in the Civil Procedure Rules for the management of possession claims including enforcement brought under other grounds.
HM Courts & Tribunals Service has invested in more staff, alongside system and process improvements, which has seen record levels of grants of probate issued during the last 6 months.
Management Information published by HMCTS shows, despite continued high levels of receipts, the open workable caseload (cases not waiting for more information from the applicant) has reduced by over 50% (36,000 cases) since August 2023 and currently stands at 31,842 in June 2024.
The average mean length of time taken for a grant of probate (following receipt of the documents required) has reduced by 4.5 weeks in June 2024 compared to August 2023. The average timeliness for cases completing in June was 8.5 weeks.
His Majesty’s Prison and Probation Service delivers a transitional accommodation service, known as the Community Accommodation Service – Tier 3 (CAS3), which offers prison leavers who are subject to probation supervision and at risk of homelessness on release up to 12 weeks of basic, temporary accommodation to provide a stable base on release. The service has been gradually rolled out nationwide since July 2021 and since then has supported over 12,200 prison leavers who would otherwise have been homeless.
However, we know there is more to do to ensure people leaving prison can move to long-term settled accommodation, and will work closely with the Ministry of Housing, Communities and Local Government to develop a long-term strategy to put us back on track to ending homelessness.
The Ministry of Justice, working with the Department of Health and Social Care, is firmly committed to reducing reoffending by addressing health-related causes of offending behaviour.
Where appropriate, we are working to divert offenders with health needs out of the criminal justice system altogether, including through Liaison & Diversion services, present in all police custody suites and criminal courts in England. Community Sentence Treatment Requirements can also be used as part of community or suspended sentences. Previous research has shown reduced reoffending rates for these types of sentences compared to short custodial sentences, and we are working to evaluate their use.
For those in prison, we work in close partnership with NHS England, who are responsible for commissioning healthcare services, including drug treatment, in all English prisons, so that all prisoners have access to health care equivalent to that in the community. We also work with the Welsh Government, who are ultimately responsible for commissioning and delivering health services for people in prison in Wales. We also work in partnership to ensure that our prisons provide wider support to help prisoners engage with treatment. 80 prisons currently have Incentivised Substance Free Living units where prisoners commit to regular drug tests.
We also want to better support rehabilitation of prisoners leaving custody, who have engaged in treatment and help them to remain in treatment on release. NHS England’s RECONNECT service supports prison leavers with vulnerabilities including mental health and substance misuse needs to engage with services through referrals and peer support.
The welfare of a child must be the court’s paramount consideration when making decisions about a child’s life. This is known as the welfare principle. Prior to the application of the presumption of parental involvement, the court is legally obliged to assess if a parent poses a risk of harm to the child - if their involvement would pose a risk to the child, the presumption does not apply.
The Ministry of Justice has undertaken evidence gathering on the presumption of parental involvement, focused on its application in the family court. We will publish the evidence and proposed next steps in due course.
As part of our commitment to ensuring the justice system is designed to put victims and survivors first, including those who have experienced domestic abuse, we are carefully considering the next steps for supporting victims and survivors across the justice system, including in the family court. We are working across departments to ensure that victims and survivors are supported and that children are kept safe.
We are committed to ensuring that parties to private law children cases in the family courts are protected from harm and that the welfare of the child is always the court’s paramount consideration when making decisions about children’s lives.
The Ministry of Justice published a delivery update in May 2023 which outlined the progress made against the recommendations of the Final Report on Assessing Risk of Harm to Children and Parents in Private Law Children Cases. This can be found at: https://assets.publishing.service.gov.uk/media/646e0e577dd6e7000ca9b2f8/harm-panel-delivery-update.pdf.
We will now take the time to consider what more should be done to ensure that children and families are kept safe and supported throughout the family justice system.
Sentencing in individual cases is a matter for our independent courts. Parliament has provided the courts with a broad range of sentencing powers to deal effectively and appropriately with offenders, including discharges, fines, community sentences, suspended sentences and custodial sentences.
The law is clear that where an assault is committed against those providing a public service, performing a public duty, or providing a service to the public this is to be considered by courts as an aggravating factor, increasing the seriousness of the offending. This applies to assaults committed against a wide range of workers. The statutory aggravating factor came into force on 28 June 2022.
Going forward, we will undertake a review of sentencing, to make sure that our framework is consistent, coherent, and cuts crime. We will use this review to develop a new long-term vision for sentencing which makes sense to victims and the wider public. The Lord Chancellor will announce more details of this review in due course.
The table below shows the number of prisoners released from, and recalled to, HMP Lincoln and HMP Peterborough between 1 April 2023 to 31 March 2024, and the number of those who were subsequently recalled, either once or more than once, during that period.
Prison released from | Number of releases | Number of offenders recalled once2 | Number of offenders recalled more than once2 |
Lincoln | 878 | 72 | 15 |
Peterborough1 | 1,437 | 139 | 41 |
Notes:
Includes prisoners at both male and female establishments at HMP Peterborough.
Number of individual sentences. It is possible that a very small number of offenders may have been released for the first time on different sentences during the period.
The figures in this table have been drawn from administrative IT systems which, as with any large-scale recording system, are subject to possible errors with data entry and processing.
Source: Prison NOMIS and Public Protection Database
The table below shows the number of prisoners released from, and recalled to, HMP Lincoln and HMP Peterborough between 1 April 2023 to 31 March 2024, and the number of those who were subsequently recalled, either once or more than once, during that period.
Prison released from | Number of releases | Number of offenders recalled once2 | Number of offenders recalled more than once2 |
Lincoln | 878 | 72 | 15 |
Peterborough1 | 1,437 | 139 | 41 |
Notes:
Includes prisoners at both male and female establishments at HMP Peterborough.
Number of individual sentences. It is possible that a very small number of offenders may have been released for the first time on different sentences during the period.
The figures in this table have been drawn from administrative IT systems which, as with any large-scale recording system, are subject to possible errors with data entry and processing.
Source: Prison NOMIS and Public Protection Database
The change to the Standard Determinate Sentence release point was the only option to prevent the imminent collapse of the Criminal Justice System and ensure we protect the public.
The amended release point is applicable to eligible sentences only. Certain offences have been excluded from this change. This includes sex offences irrespective of sentence length; serious violent offences with a sentence of four years or more; specified offences linked to domestic abuse irrespective of sentence length (including stalking, coercive or controlling behaviour and non-fatal strangulation); as well as offences concerning national security. The change will also not apply to sentences subject to release at the discretion of the Parole Board or to offences which currently attract automatic release from an SDS at the two-thirds point (certain serious sexual and violent offences).
Some offenders will have a mixture of eligible and ineligible offences. Whether an offender is released early or not depends on their other sentences, and how they were imposed by the court to be served consecutively or concurrently.
The number of revised releases for those currently in custody are being recalculated to ensure probation and prison staff have time to prepare proper plans for their release. This data is being provided at local authority level to align with service provider boundaries, and therefore is not being provided at a constituency level.
Prisoners released on SDS40 will be subject to licence and liable to recall to prison if they do not comply or are judged a risk to public safety. Reoffending rates are published regularly on an annual and quarterly basis. The most recent rates are available at the following link: https://www.gov.uk/government/collections/proven-reoffending-statistics.
A critical element of reducing reoffending is ensuring offenders leaving prison can access the support they need to resettle effectively into the community. There are clear processes in place to ensure all releases are carefully managed by Prison and Probation staff. An offender’s resettlement needs are assessed on their arrival into the prison estate, with appropriate provision arranged in advance of release. When the release date is changed, as is the case with SDS40, this provision is realigned to that new release date.
As with any offender being released, where victims are receiving the services of the Victim Contact Scheme (VCS) or the Victim Notification Scheme (VNS), they will be informed about the release of an offender.