Asked by: Lord Pearson of Rannoch (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the risks to Stephen Yaxley-Lennon's safety on the prison estate; and whether they intend to discuss this with the governor of Belmarsh.
Answered by Lord Timpson - Minister of State (Ministry of Justice)
You will understand that the requirements of data protection legislation mean that I am unable to comment on the circumstances of specific individual prisoners.
I do want to assure you, however, that the safety of those who live and work in our prisons remains our paramount concern. The decision on where a prisoner should be located will take into account a range of factors, the purpose of which is to assign an individual to a suitably secure establishment which meets their needs effectively.
Any prisoner who has a specific concern about their time in prison can make a complaint via the internal prisoner complaints process and will be entitled to ask the Prisons and Probation Ombudsman to conduct an independent review of the matter, should it not be resolved to their satisfaction. Prisoners can also request to speak to a member of their prison’s Independent Monitoring Board.
Asked by: Lord Pearson of Rannoch (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they intend to clarify whether freedom of speech in the UK includes the right to criticise ideas around gender identity.
Answered by Lord Bellamy
Freedom of expression has been interpreted in case law, for example on Article 10 of the European Convention on Human Rights and under the common law. The concept of freedom of speech is also described for specific purposes in legislation such as the Higher Education (Freedom of Speech) Act 2023. The fundamental right to freedom of speech is widely understood and protected by the courts. The Government has no plans to outline the specific content of freedom of speech on an issue-by-issue basis.
Asked by: Lord Pearson of Rannoch (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many people, in each of the past three years, have been prosecuted under section 127(1) or (2) of the Communications Act 2003.
Answered by Lord Bellamy
The Ministry of Justice publishes information on the number of prosecutions for offences under section 127(1) or (2) of the Communications Act 2003, in England and Wales, in the Outcomes by Offence tool, available via the following link: Criminal Justice System statistics quarterly: December 2022 - GOV.UK (www.gov.uk).
Using the Offence filter, select ‘196 Communications Act 2003 S.127 - Sending grossly offensive message/matter by electronic communications network’.
The data requested is also provided in the table below.
Total number of defendants prosecuted for offences under section 127(1) or (2) of the Communications Act 2003, England and Wales, 2020 to 2022:
Year | Count |
2020 | 1,100 |
2021 | 1,343 |
2022 | 1,272 |
Source: Court Proceedings Database
Notes:
1) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.
2) The figures given in the table relate to defendants for whom these offences were the principal offences for which they were dealt with. When a defendant has been found guilty of two or more offences it is the offence for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.
3) The figures given in the table relate to the following offence under section 127(1) or (2) of the Communications Act 2003: '19607 - Improper use of public electronic communications network'.
Asked by: Lord Pearson of Rannoch (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what are the current numbers of (1) remand, and (2) unsentenced prisoners, being held in (a) HMP Pentonville, (b) HMP Brixton, (c) HMP Wandsworth, and (d) HMP Belmarsh; and in each case what percentage they comprise of the prison's total population.
Answered by Lord Bellamy
The attached table shows the untried, and convicted unsentenced, populations in the specified prisons, as at 31 March 2023.
The data needed to calculate average time spent on remand by prisoners in London prisons could not be collated without incurring disproportionate cost.
Asked by: Lord Pearson of Rannoch (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what is the average period of time spent in London prisons by (1) remand, and (2) unsentenced prisoners, awaiting their trial dates.
Answered by Lord Bellamy
The attached table shows the untried, and convicted unsentenced, populations in the specified prisons, as at 31 March 2023.
The data needed to calculate average time spent on remand by prisoners in London prisons could not be collated without incurring disproportionate cost.
Asked by: Lord Pearson of Rannoch (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the remarks of Charlie Taylor, His Majesty’s Chief Inspector of Prisons, in evidence to the House of Commons Justice Committee on 25 October 2022, that remand prisoners awaiting their trial dates are disadvantaged in areas such as (1) education and training, and (2) financial assistance, before and on release; and what plans, if any, they have to ameliorate this situation.
Answered by Lord Bellamy
Remand prisoners are eligible to access education and training. The prison education curriculum is based on the needs of learners and is flexible according to any changes in population profile. Education providers are managed through key performance indicators and service levels which do not disincentivise remand prisoners.
In 2022, HMPPS has been testing a number of new initiatives designed to meet the specific needs of remand prisoners in HMP Wandsworth, including a life-skills course to help people on remand develop communication and decision-making skills, and dedicated staff to obtain ID for prisoners, build their employability skills and link them with employers. There is also a new team of remand peer mentors to support wellbeing and encourage engagement with the regime.
In terms of financial assistance, remand prisoners are eligible for support from DWP’s Prison Work Coaches with making a claim for Universal Credit on their release from prison.
Prison Service Instruction (PSI) 72/2011, Discharge sets out policy on the discharging of prisoners, which includes provision of financial assistance available upon release. All eligible prisoners receive a Subsistence Payment of £82.39 on release. Prisoners who are discharged, after spending time in custody on remand, are currently ineligible for the Subsistence Payment. However, all prisoners, regardless of their eligibility to receive the Subsistence Payment, are provided with a travel warrant or a payment of fares to their destination in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
As part of the ongoing review of the wider Discharge PSI and in response to the recommendations made by the Justice Select Committee in its 2023 report on The Role of Adult Custodial Remand in the Criminal Justice System, we are considering eligibility of those on remand for the Subsistence Payment.
Asked by: Lord Pearson of Rannoch (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government to what extent remand prisoners are denied access to educational courses offered by the Prisoners' Educational Trust and similar bodies; and what assessment they have made of the causes of such services being denied.
Answered by Lord Bellamy
Prisoners on remand are entitled to access education should they wish to, however external partners such as charitable organisations will have their own eligibility criteria for those wishing to take advantage of their provision.
It is the policy of the Prisoners’ Education Trust to only permit sentenced prisoners to apply for their courses, this is not something within the control of the Ministry.
Asked by: Lord Pearson of Rannoch (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to the reply by Lord Bellamy on 10 January (HL Deb, col 1296), what research they have conducted on the impact of Muslim chaplains on (1) Islamism, and (2) non-Muslims, in prisons.
Answered by Lord Bellamy
Muslim Chaplains in prison play a central role in challenging Islamism through the delivery of HM Prison and Probation Service’s Tarbiyah programme. This has been independently peer-reviewed and provides prisoners with a nuanced and holistic understanding of the faith and is therefore a crucial protective factor against Islamist extremism. In addition, the Home Office commissioned an independent evaluation of the Desistence and Disengagement Programme (which includes a Theological and Ideological Intervention), which is expected to conclude this year. No research has been undertaken on the impact of Muslim Chaplains on non-Muslims in prison.
Our Muslim Chaplains work closely with chaplains of all other faiths and beliefs in delivering HMPPS’ multi-faith model of chaplaincy support which includes the provision of non-religious pastoral care to prisoners and staff of all faiths and none. As set out in Prison Service Instruction 5/2016 (Faith and Pastoral Care of Prisoners) a prisoner or staff member may request support from a chaplain of a specific faith or belief if not the same as the duty chaplain which will be arranged as soon as possible if a chaplain of that denomination is not on duty at the time of request.
Asked by: Lord Pearson of Rannoch (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how much money has been spent in legal aid for members of the Rochdale grooming gang; and what is their estimate of the amount of money spent assisting the victims of that gang.
Answered by Lord Wolfson of Tredegar - Shadow Attorney General
The table below reflects the most recent legal aid costs held for each individual as at the time of writing. Costs are inclusive of both VAT and disbursements where applicable.
Defendant | Solicitor (Crown Court) | Barrister (Crown Court) | Police Station Advice | Court of Appeal | Civil Costs |
Abdul Aziz | £139,519 | £55,758 | £202 | £3,209 |
|
Adil Khan | £200,350 | £67,465 | £216 | £780 |
|
Abdul Rauf | £207,582 | £74,789 | £459 | £2,700 |
|
Shabir Ahmed | £183,468 | £69,748 | £233 | £1,684 |
|
Mohammed Sajid | £147,583 | £77,292 |
| £4,301 | £194.40 |
Mohammed Amin | £132,249 | £57,552 | £205 |
|
|
Hamid Safi | £143,644 | £54,747 | £211 | £870 | £520.20 |
Abdul Qayyum | £156,482 | £55,442 |
| £3,469 |
|
Kabeer Hassan | £138,130 | £45,026 |
|
|
|
It should be noted that these criminals did not receive a penny of these sums, which were paid to lawyers so that the criminals could face justice at a fair trial, following which they were imprisoned. Without legal representation, criminals could argue their trial was unfair and any convictions could be quashed. Defendants must pass a strict means test before being granted legal aid and they may have to pay it back if they are found guilty and can afford to do so.
In 2021-22, the MoJ will provide just under £151m for victim and witness support services. This includes an extra £51m to increase support for rape and domestic abuse victims.
We do not collect data on the costs of supporting individual victims.
We understand how traumatic the court process can be, and despite the pandemic we are continuing to improve the support provided for victims. This includes protective screens and video links in every criminal court, more separate waiting rooms, as well as piloting the pre-recording of cross-examination for rape victims to help further reduce the stress of attending court. At the same time, a new Victims’ Bill – set out in the Queen’s Speech – will strengthen the rights of victims at every stage of the justice system.
Asked by: Lord Pearson of Rannoch (Non-affiliated - Life peer)
Question to the Ministry of Justice:
To ask Her Majesty's Government how many cases of (1) rape or attempted rape, and (2) sexual misconduct, by individuals whose sex at birth was male but subsequently identified as female have been reported in (a) women's prisons, and (b) women-only spaces outside of prisons such as changing rooms; and how many of those reports led to prosecutions.
Answered by Lord Keen of Elie - Shadow Minister (Justice)
There is no reported incident of rape or attempted rape by prisoners who have reported they are declared male on their birth certificate who self-identify as a female in the women’s estate.
Between 1 January 2016 to 31 December 2019, there were 97 sexual assaults in the women’s estate overall and 7 of these assaults involved a transgender prisoner. Out of those 7 incidents, there were 6 sexual assaults where a transgender prisoner was recorded as the assailant or suspected assailant. In one incident the transgender prisoner was recorded as having ‘active involvement’, which means they did not necessarily start the assault. It is not possible from the records available to confirm whether these transgender prisoners were born male and subsequently identify as female. Other groups of prisoners may also be included, including those born female who identify as male, or who identify as non-binary.
We do not hold data for reported assaults that have taken place outside of prison.
Strict safeguards are in place to care for and manage transgender individuals in custody while protecting our staff and other service users.
Details of transgender prisoners were provided by public and private prisons in England and Wales, between 26 March 2019 and 24 April 2019 following an exercise to gather information from transgender individuals in custody. The figures give an estimate of the number of transgender prisoners based on that exercise and may underestimate the true number. Prisoners who have a full Gender Recognition Certificate are excluded from this dataset.