Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the level of the public protection risks arising from the statutory restriction that a breach of a Supervision Order issued following a Trial of the Facts cannot result in criminal sanctions, fines, or custodial recall due to the defendant’s lack of legal capacity.

Supervision orders are used in cases where compulsory hospitalisation are deemed unnecessary by the court, but some ongoing support and oversight are required in the community. The legislation provides for supervision by a social worker or probation offices.

Being subject to a Supervision Order does not in itself qualify an individual for management under Multi-Agency Public Protection Arrangements (MAPPA). Where an individual is subject to the relevant notification requirements, they may also qualify for MAPPA management independently of the Supervision Order.

The Ministry of Justice does not hold data on the number of Supervision Orders revoked or amended due to non-compliance.

As we discussed in our recent meeting, the Government recognises the law on unfitness to plead needs to be updated. We are considering how to implement reforms proposed by the Law Commission including those which will extend the range of disposals and provide more effective powers to protect victims and the public in these cases.