Asked by: Marsha De Cordova (Labour - Battersea)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will make an assessment of the cases of Just Stop Oil protestors who were imprisoned on remand for slow-marching.
Answered by Gareth Bacon - Parliamentary Under-Secretary (Ministry of Justice)
The decision to remand an individual in custody or to grant bail is solely a matter for the independent judiciary acting in accordance with the law. The Ministry of Justice therefore cannot intervene in any decision made by the court and cannot assess whether remands to custody or bail are more appropriate in these cases.
Asked by: Tanmanjeet Singh Dhesi (Labour - Slough)
Question to the Home Office:
To ask the Secretary of State for the Home Department, how his Department monitors compliance with bail conditions in domestic abuse cases; and what measures are in place to intervene when violations occur.
Answered by Laura Farris - Parliamentary Under Secretary of State (Ministry of Justice) (jointly with Home Office)
Setting and monitoring pre-charge bail conditions is a matter for policing and the Home Office does not collect data on how this is achieved. This data may be held at force level.
Where a suspect breaches their conditions, the police may arrest this individual, hold them in custody and charge them with a separate offence or progress their original case. The 2020 bail reforms introduced a 3 hour pause on the custody clock to ensure that arrests for breach of bail do not have a negative impact on the overall case.
The Home Office have recently funded the development of a new module of the ‘Domestic Abuse Matters’ training for police, developed by the College of Policing and the sector. The new module of police training is targeted specifically at officers investigating domestic abuse offences to enable further improvement in police responses to domestic abuse incidents.
Asked by: Siobhain McDonagh (Labour - Mitcham and Morden)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many (a) male prisoners, (b) women prisoners and (c) young offenders were transferred to hospital under the Mental Health Act 1983 in each year since 2010.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Under sections 47/49 and 48/49 of the Mental Health Act 1983, the Secretary of State may authorise by warrant the transfer of prisoners to a secure hospital, where he is satisfied that the criteria for detention are met by the aforementioned Act.
The requested data are set out in the tables below for the years 2013 to 2022 and are taken from an electronic casework system. Providing data for the years from 2010 to 2013 would require substantial manual checks of paper files which could be undertaken only at disproportionate cost. The data for 2023 are due to be published on 26 April.
| TRANSFER YEAR |
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SEX | 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 |
Female | 109 | 104 | 117 | 111 | 111 | 118 | 130 | 109 | 103 | 142 |
Male | 887 | 956 | 898 | 875 | 854 | 895 | 924 | 921 | 995 | 930 |
Total | 996 | 1060 | 1015 | 986 | 965 | 1013 | 1054 | 1030 | 1098 | 1072 |
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| TRANSFER YEAR |
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AGE BAND | 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 |
18 and over | 976 | 1039 | 995 | 972 | 946 | 996 | 1028 | 1012 | 1088 | 1062 |
Under 18 | 20 | 25 | 21 | 14 | 19 | 18 | 26 | 18 | 10 | 10 |
Total | 996 | 1064 | 1016 | 986 | 965 | 1014 | 1054 | 1030 | 1098 | 1072 |
Notes
Data Source: Public Protection Unit Database (PPUD)
We are committed to delivering improvements to mental health care and treatment for vulnerable offenders through non-legislative means. This includes improving oversight of the 28-day time limit for transfers to hospital under the Mental Health Act 1983 and increasing judicial awareness of alternatives to custody through the expansion of the Bail Information Service.
Asked by: Helen Morgan (Liberal Democrat - North Shropshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the potential impact of mental illness on the size of the prison population.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The prevalence of mental health needs in prison is higher than amongst the general population and we are firmly committed to delivering improvements to mental health treatment for vulnerable people in the criminal justice system. An HM Inspectorate of Prisons Report 2022/23 highlighted that, of the surveyed prison population, 82% of female prisoners and 59% of male prisoners reported having a mental health need. The report can be found at: https://www.justiceinspectorates.gov.uk/hmiprisons/inspections/annual-report-2022-23/.
Many people with mental health needs can be well supported in prison, and all prisoners have access to integrated mental health services commissioned by NHS England as per the national Service Specification for Integrated Mental Health Service for Prisons in England.
However, with the right treatment and support to tackle the causes of their offending behaviour, many offenders can be managed more effectively in the community, and we are committed to diverting offenders with mental health needs away from prison or out of the criminal justice system altogether, where appropriate.
Together with NHS England, the Department for Health and Social Care and the Home Office, we are strengthening Liaison & Diversion services, which are present in police custody suites and criminal courts in England. We are also working to increase the use of Mental Health Treatment Requirements as part of community or suspended sentences.
To reduce inappropriate remands into custody solely on mental health grounds we are piloting a Health and Justice Hub in the Northeast, in partnership with HMCTS and NHS England, to improve the way that courts, health services and prisons work together at a local level to better support defendants with severe mental health needs.
The nationwide expansion of the HMPPS Bail Information Service, as well as the additional funding recently announced by the Chancellor, will also help to ensure judges have the necessary information to make a timely and informed decision on bailing a vulnerable individual with confidence.
Taken together, these steps will help reduce the number of people with mental illness in prisons and divert them into the appropriate support to tackle the root causes of their offending.
Asked by: Helen Morgan (Liberal Democrat - North Shropshire)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what steps he is taking to reduce the number of people with mental illness held in UK prisons.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The prevalence of mental health needs in prison is higher than amongst the general population and we are firmly committed to delivering improvements to mental health treatment for vulnerable people in the criminal justice system. An HM Inspectorate of Prisons Report 2022/23 highlighted that, of the surveyed prison population, 82% of female prisoners and 59% of male prisoners reported having a mental health need. The report can be found at: https://www.justiceinspectorates.gov.uk/hmiprisons/inspections/annual-report-2022-23/.
Many people with mental health needs can be well supported in prison, and all prisoners have access to integrated mental health services commissioned by NHS England as per the national Service Specification for Integrated Mental Health Service for Prisons in England.
However, with the right treatment and support to tackle the causes of their offending behaviour, many offenders can be managed more effectively in the community, and we are committed to diverting offenders with mental health needs away from prison or out of the criminal justice system altogether, where appropriate.
Together with NHS England, the Department for Health and Social Care and the Home Office, we are strengthening Liaison & Diversion services, which are present in police custody suites and criminal courts in England. We are also working to increase the use of Mental Health Treatment Requirements as part of community or suspended sentences.
To reduce inappropriate remands into custody solely on mental health grounds we are piloting a Health and Justice Hub in the Northeast, in partnership with HMCTS and NHS England, to improve the way that courts, health services and prisons work together at a local level to better support defendants with severe mental health needs.
The nationwide expansion of the HMPPS Bail Information Service, as well as the additional funding recently announced by the Chancellor, will also help to ensure judges have the necessary information to make a timely and informed decision on bailing a vulnerable individual with confidence.
Taken together, these steps will help reduce the number of people with mental illness in prisons and divert them into the appropriate support to tackle the root causes of their offending.
Asked by: Baroness Hayter of Kentish Town (Labour - Life peer)
Question to the Home Office:
To ask His Majesty's Government why no reason is given to inward travellers for being held for 6 hours; why they are offered no food or drink during such detention; and why no apology is offered when nothing untoward has been found in their travel to the UK.
Answered by Lord Sharpe of Epsom - Parliamentary Under-Secretary (Home Office)
A passenger remains liable to examination on arrival in the United Kingdom until all necessary enquiries have been concluded and a decision is made on their application for permission to enter or admission.
Anyone detained beyond two hours is detained in compliance with the relevant guidance and legislation (notably The Short Term Holding Facility Rules 2018). The detained person is informed of their bail rights and reasons for their detention, and this is explained in a language that they understand.
Temperature controlled food was temporarily withdrawn from BF managed facilities during 2023 whilst we implemented a new training and governance procedure to ensure we were complaint with current food standards. Throughout this period, we followed Government guidance, continuing to serve water, hot drinks and snacks.
We always look to minimise detention as far as possible; however, the power to detain must be retained in the interests of maintaining effective immigration control.
It would not be appropriate for Border Force to apologise for conducting legitimate border security checks.
Asked by: Simon Fell (Conservative - Barrow and Furness)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what performance measures his Department uses to measure the success of transitional accommodation for prison leavers.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Prison leavers without settled accommodation are almost 50 per cent more likely to re-offend compared with those with settled accommodation: a settled place to live is a key factor in reducing re-offending, cutting crime and protecting the public.
The data collected on people leaving prison for transitional accommodation, together with data on settled accommodation three months after release, can be found at the following link: https://assets.publishing.service.gov.uk/media/64c10b4e90b54500143e8375/Probation_Performance_Data_Tables_2022-23.xlsx.
HMPPS Community Accommodation Service (CAS) currently provides transitional accommodation via three tiers of support, each focused on a different cohort. CAS1 (Approved Premises) is used as a public protection resource to accommodate higher-risk offenders. CAS2 provides accommodation for medium-risk defendants on bail and prisoners eligible for release under home detention curfew. CAS3 is our ground-breaking new temporary accommodation service.
HMPPS launched CAS3 in July 2021, providing up to 12 weeks’ guaranteed accommodation on release for those leaving prison at risk of homelessness, with support to move on to settled accommodation. Initially implemented in five probation regions (Yorkshire and the Humber; North West; Greater Manchester; East of England; and Kent, Surrey and Sussex), the service was rolled out to Wales in June 2022. From April 2023, the CAS3 service was operating in all probation regions in England and Wales.
Between 2019-20 and 2022-23, the proportion of prison leavers who were homeless upon release decreased by five percentage points, from 16 per cent to 11 per cent.
By January 2023, the proportion of offenders housed on the first night of release from custody was 7.6 percentage points higher in CAS3 regions in comparison with regions where CAS3 had yet to be implemented.
Asked by: Simon Fell (Conservative - Barrow and Furness)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether his Department collects information on how many people who leave prison for transitional accommodation leave with settled accommodation.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Prison leavers without settled accommodation are almost 50 per cent more likely to re-offend compared with those with settled accommodation: a settled place to live is a key factor in reducing re-offending, cutting crime and protecting the public.
The data collected on people leaving prison for transitional accommodation, together with data on settled accommodation three months after release, can be found at the following link: https://assets.publishing.service.gov.uk/media/64c10b4e90b54500143e8375/Probation_Performance_Data_Tables_2022-23.xlsx.
HMPPS Community Accommodation Service (CAS) currently provides transitional accommodation via three tiers of support, each focused on a different cohort. CAS1 (Approved Premises) is used as a public protection resource to accommodate higher-risk offenders. CAS2 provides accommodation for medium-risk defendants on bail and prisoners eligible for release under home detention curfew. CAS3 is our ground-breaking new temporary accommodation service.
HMPPS launched CAS3 in July 2021, providing up to 12 weeks’ guaranteed accommodation on release for those leaving prison at risk of homelessness, with support to move on to settled accommodation. Initially implemented in five probation regions (Yorkshire and the Humber; North West; Greater Manchester; East of England; and Kent, Surrey and Sussex), the service was rolled out to Wales in June 2022. From April 2023, the CAS3 service was operating in all probation regions in England and Wales.
Between 2019-20 and 2022-23, the proportion of prison leavers who were homeless upon release decreased by five percentage points, from 16 per cent to 11 per cent.
By January 2023, the proportion of offenders housed on the first night of release from custody was 7.6 percentage points higher in CAS3 regions in comparison with regions where CAS3 had yet to be implemented.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Home Office:
To ask the Secretary of State for the Home Department, what assessment he has made of the potential impact of sections 22-29 of the Illegal Migration Act 2023 on victims of modern slavery receiving support via the National Referral Mechanism.
Answered by Michael Tomlinson - Minister of State (Minister for Illegal Migration)
The Home Office published the Illegal Migration Bill (IMB) Equality Impact Assessment (EIA) on 10 May 2023. We are committed to taking the steps to ensure any potential impacts identified are appropriately mitigated when implementing the policy.
Where an individual has not made a protection claim and is granted immigration bail, support may be available under Schedule 10 of the Immigration Act 2016.
The Government is consulting with operational partners to implement sections 22 – 29 of the IMA. Guidance is under development which will support the operation of provisions in the IMA, once commenced.
Asked by: Olivia Blake (Labour - Sheffield, Hallam)
Question to the Home Office:
To ask the Secretary of State for the Home Department, if he will publish assessments of facilities that will accommodate potential victims of modern slavery ineligible for support under the Modern Slavery Victim Care Contract.
Answered by Michael Tomlinson - Minister of State (Minister for Illegal Migration)
The Home Office published the Illegal Migration Bill (IMB) Equality Impact Assessment (EIA) on 10 May 2023. We are committed to taking the steps to ensure any potential impacts identified are appropriately mitigated when implementing the policy.
Where an individual has not made a protection claim and is granted immigration bail, support may be available under Schedule 10 of the Immigration Act 2016.
The Government is consulting with operational partners to implement sections 22 – 29 of the IMA. Guidance is under development which will support the operation of provisions in the IMA, once commenced.