Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to offer all child victims of crime Achieving Best Evidence-compliant service and video-recorded interviews in child-friendly environments, including those outside police stations, regardless of whether they have already made complaints to police officers.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
This Government is committed to ensuring that child victims of crime are treated with sensitivity and care throughout the criminal justice process. The Achieving Best Evidence guidance makes clear that interviews do not need take place in police stations and provides practical advice on arranging a suitable interview environment. Registered intermediaries are also available to support effective communication between the child and the police during interviews.
The Government recognises the importance of ensuring that children and vulnerable adults who are victims of abuse receive the highest standard of care and support. To this end, the Ministry of Justice funds local practical, emotional, and therapeutic support services for victims of all crime types, including child sexual abuse.
The Government continues to explore innovative models of support, including approaches inspired by the Barnahus model, to ensure that children and vulnerable adults in child abuse cases get the support they need.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to adopt as standard in criminal justice settings the Barnahus service approach for achieving best evidence and meeting the physical and mental health needs of children and vulnerable adults in child abuse cases.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
This Government is committed to ensuring that child victims of crime are treated with sensitivity and care throughout the criminal justice process. The Achieving Best Evidence guidance makes clear that interviews do not need take place in police stations and provides practical advice on arranging a suitable interview environment. Registered intermediaries are also available to support effective communication between the child and the police during interviews.
The Government recognises the importance of ensuring that children and vulnerable adults who are victims of abuse receive the highest standard of care and support. To this end, the Ministry of Justice funds local practical, emotional, and therapeutic support services for victims of all crime types, including child sexual abuse.
The Government continues to explore innovative models of support, including approaches inspired by the Barnahus model, to ensure that children and vulnerable adults in child abuse cases get the support they need.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to institute a review of the quality and effectiveness of services provided to children and vulnerable adults who are complainants, victims or witnesses in criminal trials.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The Victims’ Code is statutory guidance that sets out the minimum level of service that victims of crime should receive from the criminal justice system. Witnesses who are not victims under the Code, are covered by the Witness Charter, which sets out standards of care for witnesses in the criminal justice system.
During the trial itself, the Victims’ Code includes the right for victims to make a Victim Personal Statement, the right to be given information about the trial and on the role of a witness, and the right to be given information about the outcome of the case. Recognising that certain victims are more likely to require specialised assistance, victims who are under the age of 18 at the time of the offence, as well as victims who service providers consider vulnerable or intimidated, are eligible for Enhanced Rights under the Code. This may include being offered a referral to a specialist support service, being contacted sooner after key decisions, and being assisted with accessing relevant special measures. Witnesses under the age of 18 and other vulnerable and intimidated witnesses under the Witness Charter may also be eligible for additional support during the police investigation and at trial.
We will be consulting on a new Code in due course to make sure we get the foundations for victims right.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government in order to reduce reoffending and enable rehabilitation what steps they are taking to support women released from custody, including those with additional vulnerabilities such as substance use treatment.
Answered by Lord Timpson - Minister of State (Ministry of Justice)
My Rt. Hon. Friend the Lord Chancellor has announced the creation of a Women’s Justice Board, with the clear goals of reducing the number of women in prison and addressing the distinct needs of women in the criminal justice system.
A bespoke resettlement model, with embedded probation pre-release provision, is in place in all women’s prisons. Pre-release teams screen for resettlement needs and signpost to specialist services within the prison, such as Prison Banking Administrators, Healthcare, and Rehabilitative Services. In liaison with the Community Offender Manager, they support pre-release planning activity throughout the period in custody.
Women-specific Commissioned Rehabilitative Services contracts deliver bespoke and specialist support to women on probation. including assisting physical and mental wellbeing; access to accommodation and employment; support with any finance, benefit and debt needs; maintaining relationships with families; and supporting any dependency and recovery needs.
We know that treatment is effective in reducing substance misuse, re-offending and other harmful outcomes. The Ministry of Justice works in partnership with the Department of Health & Social Care and NHS England to ensure that continuity of care is in place for all women leaving prison who have continuing drug and or alcohol treatment needs.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they have any plans to permit the use of PAVA incapacitant spray in the children’s custodial estate; if so what is the timescale for its introduction; and what practical advice and instructions will be issued.
Answered by Lord Bellamy
The safety and welfare of children and young people in custody, and of our staff, is paramount. We are focused on improving safety in the youth estate, where we manage an increased risk of serious incidents, with higher rates of assault on young people and on staff than in other parts of the secure estate.
PAVA spray is currently available for use in the event of a serious incident in the youth estate, if the National Gold commander decides this is necessary. Consideration is being given to whether the criteria for its use in the youth estate require revision.
Following wide engagement on this issue, both with specialists across His Majesty’s Prison & Probation Service, and externally, including with medical advisors and legal experts, we are in the process of examining all the evidence. This is taking time, owing to the complexity of the issues and the seriousness of the question to be decided.
The evaluation of the PAVA roll-out in the adult estate is currently being peer-reviewed prior to publication.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they have any plans to publish an evidence-based assessment of the respective benefits and risks attached to the use of PAVA incapacitant spray in the children’s custodial estate.
Answered by Lord Bellamy
The safety and welfare of children and young people in custody, and of our staff, is paramount. We are focused on improving safety in the youth estate, where we manage an increased risk of serious incidents, with higher rates of assault on young people and on staff than in other parts of the secure estate.
PAVA spray is currently available for use in the event of a serious incident in the youth estate, if the National Gold commander decides this is necessary. Consideration is being given to whether the criteria for its use in the youth estate require revision.
Following wide engagement on this issue, both with specialists across His Majesty’s Prison & Probation Service, and externally, including with medical advisors and legal experts, we are in the process of examining all the evidence. This is taking time, owing to the complexity of the issues and the seriousness of the question to be decided.
The evaluation of the PAVA roll-out in the adult estate is currently being peer-reviewed prior to publication.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they will provide a timetable for updating the HM Prison & Probation Service Strategy for care-experienced people; and whether there will be a specific focus on race.
Answered by Lord Bellamy
We are updating our strategy for people with care experience in the criminal justice system, to ensure we are using their time in the criminal justice system to support them to lead crime-free lives.
This will include a focus on race and its role in shaping the experiences and outcomes of those with care experience in the criminal justice system, and will link to wider departmental efforts to address racial disproportionality in the criminal justice system.
We are aiming to publish this strategy in 2024.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what discussions have taken place between (1) the Ministry of Justice, and (2) the Foreign, Commonwealth and Development Office, about the possible impact on the UK’s efforts to promote the universality of human rights internationally of its pursuit of a Victims and Prisoners Bill that selectively disapplies human rights protections from sentenced prisoners.
Answered by Lord Bellamy
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what has changed in the UK courts’ interpretation of section 3 of the Human Rights Act 1998 since the Independent Human Rights Act Review found that there was “little to no evidence to support the position that UK courts are misusing section 3”, so as to justify the disapplication of section 3 from all legislation regarding the release, licence and recall of prisoners in the Victims and Prisoners Bill.
Answered by Lord Bellamy
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.
Asked by: Lord Carlile of Berriew (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what consultations they have had with the judiciary over the impact of the selective disapplication of section 3 of the Human Rights Act 1998 from certain pieces of legislation and not others.
Answered by Lord Bellamy
The Victims and Prisoners Bill has not yet reached Report stage in the House of Commons, meaning it is not in the final form in which it will be introduced to the House of Lords. I look forward to debating this Bill with the Noble Lord and others shortly once it has reached the House of Lords in the form approved by the House of Commons.