Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps his Department is taking to improve data collection on (a) the number of veterans serving custodial sentences and (b) potential disparities in sentencing outcomes.

Sentencing decisions in individual cases are a matter for the independent judiciary, who take into account the circumstances of the offence and any aggravating and mitigating factors, in accordance with the relevant law. Sentencers also have a statutory duty to follow any relevant sentencing guidelines, developed by the Sentencing Council for England and Wales, unless in the interests of justice not to do so. Sentencing guidelines help promote consistency and transparency in sentencing.

Whilst the fact that someone is a veteran is not explicitly listed as a mitigating factor in statute nor in sentencing guidelines, judges have the flexibility to consider relevant factors in an individual case and could, for example, choose to take previous positive good character or exemplary conduct into account when determining a sentence, if considered appropriate to do so based on the full facts of the case.

We do not hold data concerning the previous military service of those sentenced at the criminal courts and so are unable to make an assessment of sentencing outcomes for this cohort relative to non-veterans. More generally, prisoners are asked on entry into custody whether they have served in the armed forces, and responses are then checked against Ministry of Defence records.