Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the adequacy of the Sentencing Code with regard to shoplifting.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
We know there has been a worrying rise in shoplifting, which we need to address.
Police Recorded Crime figures show shoplifting offences increased by 32% in the 12 months to September 2023. However, the number of people charged with shoplifting offences in the same period rose by 34%, showing that Police are heeding the message.
The publication of the National Police Chiefs’ Council’s Retail Crime Action Plan, published in October 2023, includes a commitment to prioritise police attendance at the scene where violence has been used towards shop staff, where an offender has been detained by store security, and where evidence needs to be secured and can only be done by police personnel.
Additionally, where CCTV or other digital images are secured, police will run this through the Police National Database as standard using facial recognition technology to further aid efforts to identify prolific offenders or potentially dangerous individuals.
The plan also includes guidance for retailers on what response they can expect from their local police, as well as how retailers can assist the police by providing evidence to help ensure cases are followed-up.
October also saw the launch of Pegasus, a unique private-public partnership that will radically improve the way retailers are able to share intelligence with policing, to better understand the tactics used by organised retail crime gangs and identify more offenders. This will include development of a new information sharing platform and training for retailers.
The Sentencing Code is a consolidation of existing sentencing procedure law. It brings together over 50 pieces of primary legislation relating to sentencing procedure into one single piece of legislation, in the Sentencing Act 2020. It includes general provisions relating to sentencing procedure, the different types of sentences available to the courts, and certain behaviour orders that can be imposed in addition to a sentence. Since the Sentencing Act came into force, it has been amended following changes to the law relating to sentencing procedure. The Code is not designed, however, to apply to specific offences.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what was the cost to the public purse for providing translators for foreign national prisoners in each of the last five years.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
It is not possible to provide the information in the form requested. The costs of translators and interpreters cannot be disaggregated based on the nationality of the individuals that require these services. In addition, the level of aggregation at which cost data are collected combines all areas of the Ministry of Justice, including prisons, probation and the courts. It is not possible, therefore to obtain the costs associated with providing translation services solely for foreign national offenders.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether any category of foreign national prisoners has access to (1) legal aid, or (2) any other public funding.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many foreign national prisoners have been released under the (1) Early Removal Scheme (ERS), and (2) Tariff-Expired Removal Scheme (TERS).
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many foreign national prisoners have escaped custody in each of the last five years.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what was the cost of housing foreign national prisoners for each of the last five years.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many foreign nationals are currently held in prisons in England and Wales.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what are the top 10 countries from which foreign national prisoners originate.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what steps they are taking to reduce the amount of foreign national prisoners in England and Wales.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The removal of Foreign National Offenders is a Government priority. The Ministry of Justice continues to work closely with the Home Office to maximise the number of deportations.
Our new Prisoner Transfer Agreement with Albania entered into force in May 2022, and we are looking to negotiate new Prisoner Transfer Agreements with key EU Member States and wider-world countries. We also signed a new protocol to the Council of Europe Convention on the Transfer of Sentenced Persons in October 2021 to widen the scope of transferring prisoners without their consent.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This provision is intended to strengthen the approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many cases brought before the family courts have been found to be based on false allegations in each of the last 10 years.
Answered by Dominic Raab
The information requested is not held centrally.