Asked by: Baroness Berridge (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of whether it is generally understood by the public that individuals who are found guilty of manslaughter by reason of diminished responsibility can be sentenced to hospital rather than prison
Answered by Lord Timpson - Minister of State (Ministry of Justice)
Guidelines for sentencing for manslaughter by reason of diminished responsibility are publicly available and published here: Manslaughter by reason of diminished responsibility – Sentencing.
The guideline on sentencing offenders with mental disorders, developmental disorders, or neurological impairments outlines the criteria for sentencing someone to a hospital order under s.37 or hospital and limitation direction under s45A of the Mental Health Act 1983. These guidelines are also publicly accessible.
All guidelines are subject to wide public consultation, generally over a 12-week period. The Sentencing Council monitors and evaluates all definitive guidelines, as per its statutory duty to do so. The assessment covers the operation and effect of the guideline.
In order to be detained under these sections, the offender must be suffering from a mental disorder of a nature or degree which makes it appropriate for the offender to be detained in a hospital for medical treatment, and appropriate treatment is available.
Asked by: Baroness Berridge (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to review the law on murder and manslaughter, following the Valdo Calocane case.
Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)
The Government announced, on 6 December 2024, that it had invited the Law Commission to undertake a review of the law of homicide, including the full and partial defences to homicide, and the sentencing framework for murder. The Law Commission expects to begin work on this review later this year.
Asked by: Baroness Berridge (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they plan for the terms of reference for the public inquiry into the care and treatment of Valdo Calocane to include the criminal justice issues raised by the families of the victims.
Answered by Lord Ponsonby of Shulbrede - Lord in Waiting (HM Household) (Whip)
The Government is committed to establishing a judge-led inquiry into the issues raised by the attacks in Nottingham. Work is underway to establish the Inquiry and its Terms of Reference, and Ministers will update Parliament on it in due course.
Asked by: Baroness Berridge (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to the answer by Lord Bellamy on 28 March (HL Deb col 121), what options are being considered to properly support jurors adversely affected by sitting on a jury.
Answered by Lord Bellamy
Jury service is one of the most important civic duties that anyone can be asked to undertake and we greatly value the contribution of jurors to the criminal justice system. We are currently looking at what more can be done to support jurors who may find their service distressing. Part of this work is to better understand the issue, including potentially commissioning research, so that we can identify how that need could be most appropriately met. Officials are working with HM Courts and Tribunals Service (HMCTS) and will consult as necessary with other stakeholders such as the judiciary on this matter. The Government is not yet in a position to indicate a definite timetable for this work.
In addition to this work, we are drawing up guidance to assist any courts that are looking to offer additional support to a jury panel, to ensure that whatever support is offered is appropriate and as consistent as possible across England and Wales. This guidance should be available by the summer.
Asked by: Baroness Berridge (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to the answer by Lord Bellamy on 28 March (HL Deb col 121), which stakeholders and other participants in criminal trials they are consulting on the options to offer better support to those taking part in such criminal trials.
Answered by Lord Bellamy
Jury service is one of the most important civic duties that anyone can be asked to undertake and we greatly value the contribution of jurors to the criminal justice system. We are currently looking at what more can be done to support jurors who may find their service distressing. Part of this work is to better understand the issue, including potentially commissioning research, so that we can identify how that need could be most appropriately met. Officials are working with HM Courts and Tribunals Service (HMCTS) and will consult as necessary with other stakeholders such as the judiciary on this matter. The Government is not yet in a position to indicate a definite timetable for this work.
In addition to this work, we are drawing up guidance to assist any courts that are looking to offer additional support to a jury panel, to ensure that whatever support is offered is appropriate and as consistent as possible across England and Wales. This guidance should be available by the summer.
Asked by: Baroness Berridge (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to the answer by Lord Bellamy on 28 March (HL Deb col 121), how long the consideration of options to properly support jurors adversely affected by sitting on a jury will take.
Answered by Lord Bellamy
Jury service is one of the most important civic duties that anyone can be asked to undertake and we greatly value the contribution of jurors to the criminal justice system. We are currently looking at what more can be done to support jurors who may find their service distressing. Part of this work is to better understand the issue, including potentially commissioning research, so that we can identify how that need could be most appropriately met. Officials are working with HM Courts and Tribunals Service (HMCTS) and will consult as necessary with other stakeholders such as the judiciary on this matter. The Government is not yet in a position to indicate a definite timetable for this work.
In addition to this work, we are drawing up guidance to assist any courts that are looking to offer additional support to a jury panel, to ensure that whatever support is offered is appropriate and as consistent as possible across England and Wales. This guidance should be available by the summer.
Asked by: Baroness Berridge (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to the answer by Lord Bellamy on 28 March (HL Deb col 121), what research they have commissioned on the psychological effects on jurors of their jury service.
Answered by Lord Bellamy
Jury service is one of the most important civic duties that anyone can be asked to undertake and we greatly value the contribution of jurors to the criminal justice system. We are currently looking at what more can be done to support jurors who may find their service distressing. Part of this work is to better understand the issue, including potentially commissioning research, so that we can identify how that need could be most appropriately met. Officials are working with HM Courts and Tribunals Service (HMCTS) and will consult as necessary with other stakeholders such as the judiciary on this matter. The Government is not yet in a position to indicate a definite timetable for this work.
In addition to this work, we are drawing up guidance to assist any courts that are looking to offer additional support to a jury panel, to ensure that whatever support is offered is appropriate and as consistent as possible across England and Wales. This guidance should be available by the summer.
Asked by: Baroness Berridge (Conservative - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government what assessment they have made of the case for enacting legislation to provide financial relief under the Matrimonial Causes Act 1973 to victims of forced marriages whose religious marriages are not binding under UK law as outlined in section 121(4) of the Anti-Social Behaviour, Crime and Policing Act 2014.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
The Government is clear that forced marriage is a terrible form of abuse and that we will not allow political or cultural sensitivities to get in the way of tackling it.
However, the purpose of Part II of the Matrimonial Causes Act 1973 is to set out how the Court orders financial provision on the legal ending of marriage.
Since forced marriage was made a criminal offence in England and Wales in 2014, the Government has continued to introduce measures to protect victims, including lifelong anonymity in 2017. Last month, the Home Secretary launched a consultation to seek views on whether it is necessary to introduce a new legal mandatory reporting duty relating to cases of forced marriage. That consultation also seeks views on how the current guidance on forced marriage could be improved and strengthened.
The Government is committed to keeping this area of family justice under review.