Asked by: Peter Kyle (Labour - Hove and Portslade)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many times the provisions of section 28 of the Youth Justice and Criminal Evidence Act 1999 have been used by (a) victims and (b) witnesses since the beginning of the covid-19 outbreak.
Answered by Chris Philp - Shadow Home Secretary
HMCTS does not hold data on how many times the provisions of section 28 have been used by (a) victims and (b) witnesses. Special measures applications are recorded in part, but HMCTS management information systems do not hold the data needed to answer the question. The information requested is not held centrally and can only be obtained at a disproportionate cost.
Asked by: Peter Kyle (Labour - Hove and Portslade)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many (a) Slavery and Trafficking Prevention Orders and (b) Slavery and Trafficking Risk Orders have been issued each year up to December 2020.
Answered by Alex Chalk
Crown Court: Modern Slavery and Trafficking Prevention Orders
Calendar Year | 2016 | 2017 | 2018 | 2019 | Jan 20 to Sept 20 |
|
Count of Defendants | 32 | 28 | 38 | 39 | ~ |
|
Notes:
1. The data source is the Crown Court system Xhibit, which is a live system and as such data is liable to change.
2. The data comprises of defendants who have received one or more of the above listed court orders.
3. If the same order type is received on different occasions during the same year then it has been counted only once.
4. If a defendant receives the same order type in different years, then it has been counted in each year.
~ If a request is made for information and the total figure amounts to five people or fewer, the MoJ must consider whether this could lead to the identification of individuals and whether disclosure of this information would be in breach of our statutory obligations under the General Data Protection Regulation and/or the Data Protection Act 2018.
Magistrates' Courts: Slavery & Trafficking Prevention and Risk Order Cases
Calendar Year | 2016 | 2017 | 2018 | 2019 | Jan 20 to Sept 20 |
Slavery & Trafficking Prevention Order |
| ~ | ~ | ~ |
|
Slavery & Trafficking Prevention Order on Application |
|
|
| ~ | ~ |
Slavery & Trafficking Risk Order | ~ | 5 | 10 | 15 | 7 |
Notes:
1. Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that the data has been extracted from large administrative data systems generated by the courts. Data are taken from a live management information system and can change over time.
2. Figures quoted for the Magistrates' Courts are for each Case where a 'full' Order was made/granted in the year specified, rather than a count of defendants. Hence, where a defendant has more than one case for which the relevant result code has been applied, each case will be counted separately.
~ If a request is made for information and the total figure amounts to five people or fewer, the MoJ must consider whether this could lead to the identification of individuals and whether disclosure of this information would be in breach of our statutory obligations under the General Data Protection Regulation and/or the Data Protection Act 2018.
There are several ways for victims of modern slavery to seek or be awarded compensation.
This could be through civil claims and actions brought under statutory law (such as the Human Rights Act 1998) or the common law. However, records of compensation paid out in the civil courts for claims of this nature are not held centrally as data is not broken down into this level of detail.
Where a person is convicted of an offence, including offences under the Modern Slavery Act 2015, criminal courts in England and Wales may make a compensation order in cases involving personal injury, loss or damage. We do not hold data on the compensation paid to victims of modern slavery as a result of compensation orders imposed by the criminal courts, as the HMCTS system does not report at that level of detail.
The GB-wide Criminal Injuries Compensation Scheme provides state-funded compensation to victims of violent crime who cannot pursue compensation or redress from other routes. Payments are available for physical or psychological injuries resulting directly from a crime of violence, as defined under Annex B of the Scheme. Victims of modern slavery who have been conclusively identified as such (through the National Referral Mechanism) may be eligible for compensation under the Scheme regardless of residence status or nationality, subject to wider eligibility criteria.
The Criminal Injuries Compensation Authority does not hold data on the amount of compensation awarded to victims of modern slavery. Modern slavery is not defined for the purposes of the Criminal Injuries Compensation Scheme. Victims are compensated for the injuries they have sustained rather than the nature of the incident (with the exception of sexual assault or abuse).
Asked by: Peter Kyle (Labour - Hove and Portslade)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to increase the availability of local authority accommodation for children on remand.
Answered by Lucy Frazer
Local authorities are responsible for ensuring there is sufficient accommodation for children in their local area who need it, including those remanded by a court to local authority accommodation. The Youth Justice Board is supporting a three-year project to enable local authorities in London to create bespoke accommodation for children on remand. The aim of the project is to demonstrate both improved outcomes for the children and value for money.
Asked by: Peter Kyle (Labour - Hove and Portslade)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how much compensation has been paid to victims of modern slavery in each financial year up to December 2020.
Answered by Alex Chalk
Crown Court: Modern Slavery and Trafficking Prevention Orders
Calendar Year | 2016 | 2017 | 2018 | 2019 | Jan 20 to Sept 20 |
|
Count of Defendants | 32 | 28 | 38 | 39 | ~ |
|
Notes:
1. The data source is the Crown Court system Xhibit, which is a live system and as such data is liable to change.
2. The data comprises of defendants who have received one or more of the above listed court orders.
3. If the same order type is received on different occasions during the same year then it has been counted only once.
4. If a defendant receives the same order type in different years, then it has been counted in each year.
~ If a request is made for information and the total figure amounts to five people or fewer, the MoJ must consider whether this could lead to the identification of individuals and whether disclosure of this information would be in breach of our statutory obligations under the General Data Protection Regulation and/or the Data Protection Act 2018.
Magistrates' Courts: Slavery & Trafficking Prevention and Risk Order Cases
Calendar Year | 2016 | 2017 | 2018 | 2019 | Jan 20 to Sept 20 |
Slavery & Trafficking Prevention Order |
| ~ | ~ | ~ |
|
Slavery & Trafficking Prevention Order on Application |
|
|
| ~ | ~ |
Slavery & Trafficking Risk Order | ~ | 5 | 10 | 15 | 7 |
Notes:
1. Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that the data has been extracted from large administrative data systems generated by the courts. Data are taken from a live management information system and can change over time.
2. Figures quoted for the Magistrates' Courts are for each Case where a 'full' Order was made/granted in the year specified, rather than a count of defendants. Hence, where a defendant has more than one case for which the relevant result code has been applied, each case will be counted separately.
~ If a request is made for information and the total figure amounts to five people or fewer, the MoJ must consider whether this could lead to the identification of individuals and whether disclosure of this information would be in breach of our statutory obligations under the General Data Protection Regulation and/or the Data Protection Act 2018.
There are several ways for victims of modern slavery to seek or be awarded compensation.
This could be through civil claims and actions brought under statutory law (such as the Human Rights Act 1998) or the common law. However, records of compensation paid out in the civil courts for claims of this nature are not held centrally as data is not broken down into this level of detail.
Where a person is convicted of an offence, including offences under the Modern Slavery Act 2015, criminal courts in England and Wales may make a compensation order in cases involving personal injury, loss or damage. We do not hold data on the compensation paid to victims of modern slavery as a result of compensation orders imposed by the criminal courts, as the HMCTS system does not report at that level of detail.
The GB-wide Criminal Injuries Compensation Scheme provides state-funded compensation to victims of violent crime who cannot pursue compensation or redress from other routes. Payments are available for physical or psychological injuries resulting directly from a crime of violence, as defined under Annex B of the Scheme. Victims of modern slavery who have been conclusively identified as such (through the National Referral Mechanism) may be eligible for compensation under the Scheme regardless of residence status or nationality, subject to wider eligibility criteria.
The Criminal Injuries Compensation Authority does not hold data on the amount of compensation awarded to victims of modern slavery. Modern slavery is not defined for the purposes of the Criminal Injuries Compensation Scheme. Victims are compensated for the injuries they have sustained rather than the nature of the incident (with the exception of sexual assault or abuse).
Asked by: Peter Kyle (Labour - Hove and Portslade)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what estimate he has made of the number of Youth Offending Teams offering Intensive Supervision and Surveillance as part of Youth Rehabilitation Orders.
Answered by Lucy Frazer
A Youth Rehabilitation Order (YRO) with Intensive Supervision and Surveillance (ISS) is a community order which may be given by a court in relation to an offence which would be serious enough to make a custodial sentence appropriate. The community order must include supervision, curfew and activity of between 90 and 180 days and may include electronic monitoring.
The information requested is not collected centrally. Youth Justice Statistics are published annually, including information of sentencing occasions resulting in a YRO, and the number and type of requirements given to children who received a YRO. This information can be found in the 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 and Portslade)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will publish a breakdown of the £40 million in funding for victim services announced in the Spending Review 2020.
Answered by Alex Chalk
The Spending Review will provide a total of £40m for victims and support services. We are continuing to provide £15 million this year to fulfil the manifesto commitment to increase support for victims of sexual violence and rape, including funding for new Independent Sexual Violence Advisors to support victims through the justice system. As well as this, we are providing an additional £25 million this year for victims and support services. This recognises the negative impact that Covid-19 has had on vulnerable victims of crime, including victims of domestic abuse and builds on the £20 million we provided last year to help domestic abuse and sexual violence community-based services meet Covid-driven demand. In due course, more detailed allocations will be announced.
Asked by: Peter Kyle (Labour - Hove and Portslade)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what plans he has to enact Paragraph 35 of Schedule 1 of the Criminal Justice and Immigration Act 2008 to allow sentencers to review Youth Rehabilitation Orders.
Answered by Lucy Frazer
Paragraph 35 in Schedule 1 to the Criminal Justice and Immigration Act 2008 can now be found in section 194 of the Sentencing Act 2020. Section 194 gives the Secretary of State the power, by regulation, to make provision for the review of a Youth Rehabilitation Order (YRO) and to make provision about the frequency and conduct of those reviews and the court’s powers on review. This has not changed with the commencement of the Sentencing Act 2020, no secondary legislation has been made under this power.
We are aware of innovative local approaches and informal arrangements between some magistrates and Youth Offending Teams to improve information sharing and involve magistrates in reviewing the ongoing progress of children in relation to their orders. We are actively considering how the Ministry of Justice can learn from and best support these approaches, while ensuring we maintain the impartial court process. We have no current plans to make an order under section 194 of the Sentencing Act 2020 but are considering this carefully.
Asked by: Peter Kyle (Labour - Hove and Portslade)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the potential merits of rolling out the Sexual Violence Complainants' Advocate Scheme, piloted in Northumbria under the Home Office Violence Against Women & Girls Service Transformation Fund.
Answered by Alex Chalk
The Government wants to ensure that victims of sexual offences are treated with dignity and respect throughout the criminal justice process.
We are aware of the Sexual Violence Complainants’ Advocate Scheme in Northumbria and are considering the evaluation of this pilot as part of the Criminal Justice Board’s end-to-end review of the criminal justice response to rape and serious sexual offences.
The Government will publish its initial findings and recommendations for action in due course. We are committed to continuing work with partners from across the criminal justice system after that to improve the system in the longer term.
The recently revised Victims’ Code, which comes into force on 1 April 2021, will also ensure that victims benefit from a clearer set of rights and that these rights are recognised at every stage of the justice system. The revised Victims’ Code provides a solid foundation on which we can progress the Victims’ Law. We aim to consult on the detail of the Victims’ Law next year.
Asked by: Peter Kyle (Labour - Hove and Portslade)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many calls have been made using the Purple Visits app in youth custodial settings since the start of the covid-19 outbreak.
Answered by Lucy Frazer
As of 14 December the information available shows that there have been 657 video calls made using the Purple Visits app at Cookham Wood, Werrington and Wetherby Young Offender Institutions and Oakhill and Rainsbrook Secure Training Centres since the start of May. There have also been 491 calls for the entirety of HMYOI Feltham (A and B sites, for children and young adults respectively). 241 calls were also made at HMYOI Parc (which includes a specific young people’s unit), however, it is not currently practical to break down how many of these were made by children and young people.
This has supplemented access to regular phone calls (with young people having been allocated additional free phone credits) as well as ‘face to face’ social visits, which re-commenced across public sector under 18 Young Offender Institutions from mid-July. Furthermore, ‘SECURE STAIRS - the integrated framework of care jointly led by NHS England and NHS Improvement and the Youth Custody Service (YCS) and which provides the foundations as to how the YCS works with children - has adapted its approach during this period to underline the importance of connectivity, whilst adhering to the guidance on physical distancing.