Covid-19: Prisoners and Children in Custody

Debate between Baroness Scott of Bybrook and Lord Garnier

Wednesday 16th December 2020 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, I am not sure about lateral flow testing, but we are routinely testing front-line staff and offenders to bolster our defences against the virus. Routine staff testing is live now—as of yesterday, I believe—across all sites in England and Wales and we are now working on rolling out prisoner testing on reception and transfer, which is already live in over half of our establishments.

[Lord Garnier (Con)]

My Lords, I refer to my relevant interests in the register. Does my noble friend accept that the pandemic has brought with it administrative problems for the management of prisons? Will she further accept that a common theme this afternoon is the amount of time that prisoners are spending locked up in their cells—as much as 23 hours a day? Will she accept that all prisoners, but particularly younger prisoners, need to get outside to take exercise and enjoy fresh air? What precisely are her department and the Prison Service doing to ensure that that happens?

[Baroness Scott of Bybrook (Con)]

My Lords, we set out a national framework in June 2020, which sets out how prisoners can safely increase the amount of time out of the cell and the purposeful activity that the Prison Service can provide that still protects the health and lives of staff and prisoners. The Youth Custody Service in particular is now focusing on young people getting essential activity, which includes getting out in the fresh air as well as education, not just online but in small groups, and recreational activities.

Royal Commission on Criminal Justice

Debate between Baroness Scott of Bybrook and Lord Garnier

Monday 9th November 2020 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, the Government are committed to implementing a broad programme of work to address racial inequalities in the criminal justice system. If the royal commission is to advance the justice system, it must advance it to all users. This includes ensuring that its deliberations are alert to the experiences of minority groups, including BAME people, and issues of equitable access and equitable experience.

[Lord Garnier (Con) [V]]

My Lords, regardless of the need for a royal commission, does my noble friend agree that the growing backlog of cases in the Crown Courts and the magistrates’ courts means that tens of thousands of trials will not take place until late 2022 or 2023? Why not deploy the hundreds of recorders and deputy magistrates’ courts judges available to tackle the backlog? If defendants realise that their cases are imminent and not some distant prospect, might not many of them plead guilty, to their own, their victims’ and society’s benefit, rather than gaming the system?

[Baroness Scott of Bybrook (Con)]

My Lords, our thanks go out to the hard-working professionals across the criminal justice system. The Government have published a comprehensive criminal courts recovery plan to tackle the impact of Covid-19 and are boosting the capacity across the justice system. We are fully using our judicial resources including recorders, deputy district judges in magistrates’ courts and magistrates in court recovery. Our courts remain open during the second national lockdown and we will continue to work more flexibly than ever to tackle the backlog and mitigate the impact of the pandemic on our justice system.

Prisons: Remand

Debate between Baroness Scott of Bybrook and Lord Garnier

Wednesday 21st October 2020 Lords Chamber

[Baroness Scott of Bybrook (Con)]

My Lords, Covid-19 has presented an unprecedented challenge to the criminal justice system. The relevant SI is there exactly to aid the criminal courts during their continued recovery from the pandemic and to help to manage demand while the Crown Court continues to recover.

[Lord Garnier (Con)]

My Lords, I follow on from the right reverend Prelate’s question. Will the Minister accept that, while aggravated by the Covid crisis, the failure to reduce the trial backlog long predates it? Right now, there are prisoners on remand in custody on serious charges of violence and drug dealing whose trials, which take priority over those on remand on bail, will not happen until late 2021, whereas the trials of those on bail, including on charges of rape, will not take place until late 2022. Rather than go on about the need for more severe sentences, why do we not concentrate on practical measures that get defendants before the courts now so that they can be tried and sentenced on the current law, thus ending the current injustice to both victims and accused?