Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment has been made of the potential impact of court backlogs on health outcomes for prisoners held on remand.

The Government inherited a justice system in crisis, with a record and rising open caseload of nearly 80,000 criminal cases waiting to be heard in the Crown Court and too many victims waiting years for justice. That is why the Government commissioned Sir Brian Leveson to conduct an Independent Review of the Criminal Courts. On 2 December, the Deputy Prime Minister announced a major programme of court reform to tackle these unacceptable delays and restore confidence in the criminal justice system. As part of our ongoing efforts to improve timeliness and efficiency in our criminal courts, we also asked Sir Brian to review court operations and make recommendations designed to boost court efficiency in Part 2 of his review. We are awaiting that report in the New Year and will look to act on its recommendations.

We are committed to working with our health partners to ensure that people in prison including those on remand have access to an equivalent standard, range and quality of health care in prisons to that available in the wider community to support their health outcomes. This is reflected in the National Partnership Agreement on Health and Social Care in England. This includes access to a range of treatments and interventions within prison as set out in the national service specification for mental health care in prisons.

For prisoners with severe mental health needs, the Mental Health Act (2025) received Royal Assent in December and contains several flagship reforms to improve access to mental health care and treatment, including, but not limited to, provisions to:

• Introduce a new statutory 28-day time limit for transfers from prison and other places of detention to hospital to reduce unnecessary delays experienced by prisoners who require mental health treatment.

• Stop courts temporarily detaining people with severe mental illness in prison as a ‘place of safety’ whilst awaiting a hospital bed for treatment or assessment under the Mental Health Act; and

• End the use of remand for own protection under the Bail Act where the court’s sole concern is the defendant’s mental health.

We will implement these reforms as soon as it is safe to do so.

The Sentencing Bill, currently being considered before parliament, introduces a package of amendments to the Bail Act (1976), which, alongside the presumption to suspend short sentences of 12 months or less, will help to address the unsustainable growth in the prison remand population.