Asked by: Jessica Morden (Labour - Newport East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many hours of community service were not carried out in each (a) local justice area and (b) region in (i) England and (ii) Wales in each year since 2010.
Answered by Edward Argar - Minister of State (Ministry of Justice)
Please see attached annex for data table contain information on how many hours of community service were not carried out in each local justice area and region in England and Wales since 2010.
Owing to data migration issues following the move to a single National Recording Platform, with Transforming Rehabilitation in 2014 and subsequent changes to Probation Delivery boundaries, it is less possible to accurately map older locations to the current Probation Regions.
The dataset covers reasons hours are not carried out including offender deaths, deportation, orders revoked, and resentenced, successful appeals and Suspended Sentence Order (SSO) activated.
This Government has announced up to £93million additional investment in Unpaid Work over the next three years. The funding is being used to recruit an additional ~500 Unpaid Work staff so that we can ramp up delivery to address the Covid backlog and effectively manage oncoming orders.
This investment gives Probation a vital opportunity to relaunch Unpaid Work and make sure that placements are visible and robust, and put UPW delivery on a sustainable footing following disruption caused by the pandemic.
Asked by: Liz Saville Roberts (Plaid Cymru - Dwyfor Meirionnydd)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to the Answer of 13 November 2023 to Question 340 on Probation Service: Staff, how many and what proportion of probation officers have workloads that are above 100% on the Workload Management Tool in each region.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The Probation Service currently uses the Workload Measurement Tool (WMT) as an indicator and as one of several sources of information to support management of workloads. There are, however, significant limitations with using the WMT to monitor workload due to its daily fluctuation, capacity for human error and the challenges in accounting for periods of leave and case support. The WMT is therefore only one element of probation capacity and should be considered alongside the situational context and other reporting routes.
This table shows by region the proportion of POs who are over 100% (as of the 22 November 2023) on the WMT. To note, the WMT is not considered a reliable estimate of total staff.
Region | Total Probation Officers | Number of Probation Officers over 100% |
National | 3,338 | 2,591 |
East Midlands | 217 | 165 |
East of England | 279 | 236 |
Greater Manchester | 211 | 180 |
Kent Surrey Sussex | 176 | 133 |
London | 454 | 375 |
North East Region | 223 | 163 |
North West Region | 335 | 253 |
South Central | 176 | 141 |
South West | 234 | 192 |
Wales | 272 | 177 |
West Midlands Region | 367 | 267 |
Yorkshire and The Humber | 394 | 309 |
Recruitment and retention remain a priority across the Probation Service and we have injected extra funding of more than £155 million a year to deliver more robust supervision, recruit thousands more staff and reduce caseloads to keep the public safer. The Probation Service is in its second year of a multi-year pay deal for its staff. Salary values of all pay bands will increase each year, targeted at key operational grades to improve a challenging recruitment and retention position. Positively, the Probation Service leaving rate was 9.9% in the 12 months to 30 September 2023, a decrease from the previous 12 months.
The Probation Service saw an increase of 2,170 FTE or 11.8% (Probation Service grades) since September 2022. There has been an increase across all Probation Service grades such Senior Probation Officer (13.0%), Probation Officers (6.9%), Other Band 4-6 (16.0%) and in particular Other Bands 1 to 3 staff saw an increase of 1,260 FTE staff (26.4%), following centrally run recruitment for key grades supporting frontline staff. We have accelerated recruitment of trainee Probation Officers (PQiPs) to increase staffing levels, particularly in Probation Delivery Units (PDUs) with the most significant staffing challenges.There were 2,185 staff, equivalent to 2,164 FTE, as at 30 September 2023 undertaking the PQiP training, which we anticipate will start to directly impact on the reduction of caseloads as they qualify.
Asked by: Lord Bishop of Gloucester (Bishops - Bishops)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the pilot, launched in March 2021, with 15 magistrates’ courts, involving the Ministry of Justice, HMCTS and the probation service, of an alternative delivery model to increase the number of cases receiving pre-sentence reports.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
The Pre-Sentence Report (PSR) Pilot tested an Alternative Delivery Model for PSRs in 15 magistrates’ courts’ and concluded in March 2023.
Monitoring data collected during the pilot revealed that pilot courts delivered a higher proportion of PSRs per in-court disposal than non-pilot courts, including for each of the priority cohorts (young adults aged 18-24; women; offenders at risk of short-term custody). We also conducted a process evaluation to explore how the Alternative Delivery Model was implemented, including identifying any benefits, challenges, or unintended outcomes. The process evaluation was published on 15 June 2023 (Process evaluation of the Pre-Sentence Report Pilot - GOV.UK (www.gov.uk)) and has found that:
Findings from the pilot have shown some successful elements of the Alternative Delivery Model that we will now integrate into national delivery. This includes rolling out a refreshed training package for probation staff in court across England and Wales and rolling out the processes for the early identification of cases that would benefit from a PSR.
Asked by: Caroline Nokes (Conservative - Romsey and Southampton North)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the National Disability Strategy published on 28 July 2021, which of his Department’s commitments in that strategy that have not been paused as a result of legal action have (a) been fully, (b) been partially and (c) not been implemented.
Answered by Mike Freer - Parliamentary Under-Secretary (Ministry of Justice)
In January 2022, the High Court declared the National Disability Strategy (NDS) was unlawful because the UK Disability Survey, which informed it, was held to be a voluntary consultation that failed to comply with the legal requirements on public consultations.
The Ministry of Justice had five policies included in the National Disability Strategy. These include to:
○ attract more disabled people to the magistracy;
○ set out enhanced rights for disabled victims;
○ progress legislation in 2021 as part of the Police, Crime, Sentencing and Courts Bill to amend common law so that deaf people who need a British Sign Language (BSL) interpreter can do jury service
○ develop a neurodiversity training toolkit for frontline staff;
○ improve provision for disabled users, including through the accessibility of the estate and use of digital support.
Fully Implemented Policies
We remain fully committed to supporting disabled people in the UK through creating more opportunities, protecting their rights and ensuring they fully benefit from, and can contribute to, every aspect of our society. To support this, the Ministry of Justice will be providing further details of our recent achievements to improve disabled people’s lives in the forthcoming Disability Action Plan consultation due for publication in the summer.
Ahead of this, the Minister for Disabled People, Health and Work will write providing a list of these achievements and will place a copy in the House Library.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government whether any category of foreign national prisoners has access to (1) legal aid, or (2) any other public funding.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many foreign national prisoners have been released under the (1) Early Removal Scheme (ERS), and (2) Tariff-Expired Removal Scheme (TERS).
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many foreign national prisoners have escaped custody in each of the last five years.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what was the cost of housing foreign national prisoners for each of the last five years.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government how many foreign nationals are currently held in prisons in England and Wales.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.
Asked by: Lord Swire (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what are the top 10 countries from which foreign national prisoners originate.
Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)
As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held in prisons in England and Wales, with the top ten origin countries being Albania, Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal, and Iraq.
We do not disaggregate prison run costs by nationality and the cost to hold individuals depends on category. Our unit costs for holding prisoners are published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and Accounts.
Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme (TERS) FNOs are removed from the UK, they are not released from their sentence and are liable to continue their sentence should they return to the UK. ERS applies to those serving determinate sentences, and TERS to those serving indeterminate sentences (Life or Imprisonment for Public Protection, which stopped being used in 2012).
Between January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322 of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs have been removed through TERS. The disparity in numbers under the two schemes is due to there being significantly fewer FNOs with indeterminate sentences than determinate, and the need for the tariff to be expired before they can be removed.
The below table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner escapes when they pass beyond the perimeter of a secure prison or the control of escorting staff. All three from 2017-18 were recaptured within 30 days.
Year | 2017-18 | 2018-19 | 2019-20 | 2020-21 | 2021-22 |
Number of Foreign National Offenders escaped from custody | 3 | ..* | .. | .. | .. |
* Figures of 1 and 2 are supressed
A Foreign National Offender may access legal aid if they satisfy the relevant eligibility criteria: their legal issue is in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and they pass relevant means and merits tests. For immigration matters, all immigration detainees held in prison can access 30 minutes of legally aided legal advice. This provides a functional equivalent to the advice available to detainees held in immigration removal centres. Broader access to public funds would be based on the immigration status of an individual.
The Bill of Rights will strengthen the wider framework around appeals made on Article 8 grounds (the right to private and family life) by foreign criminals subject to deportation. Clause 8 of the Bill sets out how the courts should consider the compatibility of new deportation laws.
Clause 20 of the Bill of Rights establishes a threshold for successful appeals on Article 6 grounds. This new provision is intended to strengthen the existing approach in this area.