Question to the Ministry of Justice:

To ask the Secretary of State for Justice, pursuant to the answer to written question 118611, what the policy rationale is for defining a delay under the Prisoner Escort and Custody Services (PECS) contracts, for the purposes of the relevant Contract Delivery Indicator, as arising only "where a Court is prevented from commencing its planned business at the intended start time, and/or it has no other business that can reasonably be rescheduled to undertake instead"; and what assessment his Department has made as to whether that definition adequately captures delays in the transfer of prisoners to court in circumstances where the court is able to proceed with alternative business.

The Prisoner Escort and Custody Service (PECS) contracts require Suppliers to deliver prisoners to court in time for their hearing to avoid loss of court time. Contract Delivery Indicator (CDI)15 therefore measures “Courtroom delay due to Supplier actions resulting in a Prisoner who is the responsibility of the Supplier not being available in the Courtroom at the required Courtroom appearance time and delay to court proceedings”.

CDI 15 is structured to take account of the fact that not all prisoners are scheduled to appear at the standard 10:00 commencement time used by the courts. Within the Magistrates’ courts, several prisoners may be listed for hearings at the same time, and courts then determine the running order of cases as required. PECS Suppliers are, therefore, required to transport prisoners in accordance with their individual hearing times and to ensure that they are available when their hearings are due to begin. Where a courtroom is unable to begin proceedings because a prisoner is not available at the required time, this is recorded as a delay. Where the court is able to progress other work in the interim, a contractual delay is not recorded; however, the incident will be logged to support assurance activity.

CDI 15 aligns with H M Court and Tribunal Service’s Court Exception Reporting process. Through this process, any delays to court proceedings as a result of late prisoner delivery, regardless of fault, are formally recorded and shared with the PECS Contract Management Team in H M Prison and Probation Service. In addition, suppliers are required to self-report any delays resulting from their actions, to ensure consistency and accuracy in reporting.

These contractual mechanisms ensure that performance issues are rigorously captured, transparently monitored, and proportionately addressed. They take account of situations where delays arise owing to factors outside the supplier’s reasonable control, supporting fair and accurate performance assessment, and promoting continuous improvement across the criminal justice system.