Asked by: Peter Kyle (Labour - Hove)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many minors were found not guilty through successful use of a Section 45 defence under the Modern Slavery Act 2015 in each year in the last five years.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
Information on the use of the defence under section 45 of the Modern Slavery Act 2015 is not held in the court proceedings database so these cases cannot be separately identified.
The Government is acting to tackle modern slavery, ensuring that victims are supported to rebuild their lives, and the criminals and perpetrators of slavery face justice for their crimes and activities. On the 19th of October 2020 the Government published the Modern Slavery Annual Report 2020 which sets out the world-leading action of the UK Government, Scottish Government, and Northern Ireland Executive over the last year to tackle modern slavery. The Modern Slavery Annual Report 2020 can be accessed here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/927111/FINAL-_2020_Modern_Slavery_Report_14-10-20.pdf
Asked by: Peter Kyle (Labour - Hove)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to improve the timeliness for young people on remand being informed of trial dates.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
As part of the COVID recovery, the Judiciary has set the criteria for the prioritisation of hearings across all jurisdictions which includes Youth cases especially where delay might mean a relevant age-threshold was crossed.
If the court remands a young person in Youth Detention Accommodation following an appearance before the Youth Court and retains jurisdiction to hear the case, it will try to take a plea at the first hearing of the case. If that plea is not guilty, the court will endeavour to list for trial within 56 days. Youth cases are listed as a matter of priority, particularly those cases where a young person is remanded either into a custodial establishment or into the care of the local authority. As part of recovery planning, outstanding youth cases are monitored closely to ensure they are listed as expeditiously as possible.
Where a young person is sent to the Crown Court for trial, the Crown Court will, if possible, take a plea at the initial Plea and Trial Preparation Hearing (PTPH) and, if the plea is not guilty, the judge can fix the date of the trial at that hearing. Listing is a judicial decision. If the young person is remanded into Youth Detention Accommodation by the Crown Court, custody time limits will apply, and the court will prioritise the listing of the case for trial. Her Majesty’s Courts and Tribunals Service (HMCTS) is currently developing a review of the end to end management of youth cases which aims to identify opportunities for further improvement.
Asked by: Peter Kyle (Labour - Hove)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what proportion of young people convicted for (a) drugs offences, (b) robbery and (c) violence against the person were (i) looked after children and (ii) care leavers in each of the last five years.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
The Ministry of Justice has published information on people convicted of offences, including the age ranges of those convicted, up to December 2019, which is available in the Outcomes by Offence data tool available here:
Use the ‘age range’ variable in the data tool to filter.
The Department for Education has published information on offending by looked after children in England, for years ending March 2017 to 2019. This is available in Table I1 of the National Tables: children looked after in England including adoption 2018 to 2019, here:
Furthermore, a recent publication of experimental statistics provides some information on the assessed care status of sentenced children. This is available in Assessing the needs of sentenced children in the Youth Justice System, England and Wales, April 2018 to March 2019, here:
Centrally held information by the Ministry of Justice does not include whether a defendant was a looked after child or a care leaver. This information may be held on court record but can only be provided at disproportionate cost.
Asked by: Peter Kyle (Labour - Hove)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of trends in the (a) number and (b) type of concerns measured by youth offending teams using the AssetPlus assessment tool, during the covid-19 outbreak.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
Throughout the COVID-19 pandemic the Youth Justice Board (YJB) has actively monitored a range of existing and new sources of information to evaluate the impact on children coming into contact with Youth Offending Teams. AssetPlus data is included in the oversight of YOT performance, and to protect vulnerable children and sustain best outcomes for children under COVID-19 restrictions.
The YJB plan to publish updated and additional data from AssetPlus again as Experimental Statistics under the Code of Practice [COP] for statistics in January 2021. The forthcoming publication will cover up to 31st March 2020 and will not focus specifically on the COVID-19 period.
Note that experimental statistics are a subset of newly developed or innovative official statistics undergoing evaluation. They are developed under the guidance of the Head of Profession for Statistics and published to involve users and stakeholders in the assessment of their suitability and quality at an early stage. [‘Regulatory Guidance Experimental statistics – official statistics in development’, https://osr.statisticsauthority.gov.uk/wp-content/uploads/2019/08/Regulatory-Guidance-Experimental-Statistics-2019.pdf].
Asked by: Peter Kyle (Labour - Hove)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what plans he has to manage the delivery of youth court hearings during a second wave of covid-19.
Answered by Chris Philp - Minister of State (Home Office)
In consultation with Public Health England, and Public Health Wales, HMCTS has put in place arrangements for social distancing and mitigation of the risks associated with the pandemic. COVID-19: Update on the HMCTS response for Criminal Courts in England and Wales.
These arrangements have, since July, enabled youth courts to conclude more cases every week than have been received, with the safety of all those involved in these hearings being paramount.
We do not currently envisage that it will be necessary to revert to any contingency listing arrangements during a second wave of covid-19. The position will be kept under review.
Asked by: Peter Kyle (Labour - Hove)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent estimate he has made of the number of interventions mandated by Youth Rehabilitation Orders that are being delivered.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
Youth Rehabilitation Orders (YROs) can be imposed in any case where the mandatory referral order conditions do not apply. It provides the court with a menu of 18 requirements to choose from (such as education, activity or curfew requirements).
Youth Offending Teams supervise young people serving a community sentence and figures on the delivery of requirements that have been given to children who received a YRO are not held centrally. Youth Justice Statistics are published annually, including the number of requirements that have been given to children who received a YRO. In the year ending March 2019 this was as follows:
Table: Types of requirements given to children receiving a Youth Rehabilitation Order (YRO), year ending March 2019(1)
Requirement | Number of requirements | Share |
Supervision | 3,655 | 32% |
Activity | 2,138 | 19% |
Electronic Monitoring | 1,556 | 14% |
Curfew | 1,478 | 13% |
Programme | 930 | 8% |
Unpaid Work | 434 | 4% |
Prohibited Activity | 418 | 4% |
Attendance Centre | 330 | 3% |
Exclusion | 290 | 3% |
Education | 108 | 1% |
Residence | 74 | 1% |
Local Authority Residence | 54 | 0% |
Drug Treatment | 24 | 0% |
Drug Testing | 13 | 0% |
Mental Health Treatment | 12 | 0% |
Intoxicating Substance Treatment | 11 | 0% |
Total | 11,525 | 100% |
(1) In the year ending March 2019 according to Youth Justice Application Framework (YJJAF) there were 5,075 YROs given to 3,883 children. These YROs had 11,525 requirements attached to them. For 1,240 of 5,075 YROs given no requirement type was recorded.
Source: Youth Justice statistics: 2018 to 2019 supplementary tables, Chapter 5 – Sentencing of Children, Table 5.7 https://www.gov.uk/government/collections/youth-justice-statistics
Asked by: Peter Kyle (Labour - Hove)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to page 21 of the report entitled Childhood in the time of Covid, published by the Children's Commissioner in September 2020, what steps he is taking to reverse the decline in advocacy referrals by people in the youth custodial estate.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
Ensuring the wellbeing of children in custody is of the upmost importance, especially during a period of unprecedented challenge. The Youth Custody Service (YCS) is committed to working with Barnardo’s to deliver an advocacy model that best meets the needs of children and young people, while taking account of the need to reduce the risk of spreading the Covid-19 virus. As an on-demand service, it is important that children are aware of the service and how to access provision. As such, there has been regular communication and information to children to advise them of service delivery during the COVID-19 period, with further communications shared with Governors and Directors detailing the revised service and protocols which include a safeguarding protocol.
To ensure the distinct needs of children in custody are met, the YCS, working with colleagues from NHS England & NHS Improvement, has developed a set of youth-specific Exceptional Delivery Models (EDMs), with priority given to education and physical education, visits and advocacy. The advocacy EDM was implemented across all under 18 Young Offender Institutions (YOIs) and Secure Training Centres across July and August.
The YCS discusses referral trends directly with the provider to ensure there is a consistent service, and will continue to do so. Since the return of advocates to sites, internal data indicates referrals to the service have increased. Advocates continue to check in with every wing. They are able to have direct contact with young people in their rooms using the in-room telephony service where available, and arrange to meet face-to-face as required. Regular review meetings have continued to take place between Governors and Directors and Barnardo’s.
Asked by: Peter Kyle (Labour - Hove)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what plans he has to improve digital communication between (a) youth offending teams and (b) young people and their families during the covid-19 pandemic.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
Local authorities are responsible for the delivery of Youth Offending Team (YOT) provision.
However, the Youth Justice Board has oversight of Youth Offending Teams and has taken steps, in light of Covid-19, to support YOTs to improve digital communication with young people and their families. It has amended the terms and conditions in the Youth Justice Grant for 2020/21 to provide for capital spend, allowing flexibility for Youth Offending Teams to use funds, as appropriate, from their annual grant to provide children under their supervision access to suitable equipment to facilitate regular virtual engagement.
Practitioners have also developed innovative ways of providing positive interventions, using technology wherever possible. Similarly, many referral order panels have been conducted virtually. Face to face contacts, maintaining physical distance, have been used if the risk is deemed justified. Youth Offending Teams are working with highly vulnerable children and are working to use digital technology to make a positive change.
Asked by: Peter Kyle (Labour - Hove)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he has taken to prevent victims of crime from becoming offenders.
Answered by Alex Chalk - Lord Chancellor and Secretary of State for Justice
The Ministry of Justice is committed to ensuring victims receive the right support at the right time, to help them cope and recover in the aftermath of crime, and to break the cycles of both victimisation and offending. We recognise that many individuals may have experience as both a victim and an offender and are working to better address this.
For example, we have included a requirement for reachable moment interventions within the Homicide Service. Reachable moments are events or circumstances in an individual’s life which can lead to positive behavioural change. These moments of intense crisis, in this instance the trauma of being bereaved by homicide, can act as a catalyst for change. This provides a cue for services to act, to address underlying vulnerabilities, to support individuals to cope and recover, and reduce the risk of involvement in serious violence going forward. We are also piloting an extension of the service to those that witness murder or manslaughter in London, to address the trauma they have experienced. We know that unresolved trauma can have a huge impact on victim and witnesses’ lives, who may go on to offend, repeating this cycle.
The MoJ has also committed to a number of other pilots to address this issue, including support for young people with experience of victimisation in a youth offending institution, in order to address the underlying complex needs they face, and to divert them away from re-offending upon release. Also, piloting a victim pathway for female offenders who are victims of crime, supporting them to cope and recover, to again reduce re-offending.
Asked by: Peter Kyle (Labour - Hove)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many (a) assaults and (b) self-harm incidents have occurred in youth custodial settings since 23 March 2020.
Answered by Lucy Frazer - Secretary of State for Culture, Media and Sport
The information requested will be published via Gov.uk in future youth justice statistics publications.