Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the compatibility of early releases with the principles of justice.
Answered by Jake Richards - Assistant Whip
We must ensure that there are always sufficient prison places for dangerous offenders and those who pose a risk to the public. We are building 14,000 prison places and will have more prisoners by the time of the next election than the last. We take every possible step to mitigate risk, working in collaboration with partners across the Criminal Justice System. The introduction of the Sentencing Bill will bring an end to temporary early release measures and put the system back on a sustainable footing, ensuring sentences are served in a way that balances punishment, rehabilitation, and public safety.
We also recognise the importance of maintaining confidence in the justice system for victims and their families when designing these reforms and will continue to assess these impacts throughout implementation. Ministers and policy officials have been pleased to meet with victims’ stakeholders through a mix of individual meetings, roundtables and sector-wide engagement groups. We remain committed to continuing to engage with the victim sector to understand the impact of these changes.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the impact of early releases on (a) victims and (b) victims' families.
Answered by Jake Richards - Assistant Whip
We must ensure that there are always sufficient prison places for dangerous offenders and those who pose a risk to the public. We are building 14,000 prison places and will have more prisoners by the time of the next election than the last. We take every possible step to mitigate risk, working in collaboration with partners across the Criminal Justice System. The introduction of the Sentencing Bill will bring an end to temporary early release measures and put the system back on a sustainable footing, ensuring sentences are served in a way that balances punishment, rehabilitation, and public safety.
We also recognise the importance of maintaining confidence in the justice system for victims and their families when designing these reforms and will continue to assess these impacts throughout implementation. Ministers and policy officials have been pleased to meet with victims’ stakeholders through a mix of individual meetings, roundtables and sector-wide engagement groups. We remain committed to continuing to engage with the victim sector to understand the impact of these changes.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to Answer of 9th December 2025 to Question 96041, on Reoffenders: Sentencing, what assessment he has made of how frequently courts depart from sentencing guidelines on the basis that it is in the interest of justice to do so.
Answered by Jake Richards - Assistant Whip
All sentencing courts in England and Wales must follow any sentencing guidelines which are relevant to the offender’s case, unless it is in the interests of justice not to do so (by virtue of section 59 of the Sentencing Code).
Whilst there is a high bar for departing from the guidelines, it is necessary, in the interests of justice, that courts retain the discretion to do so, where the individual case and circumstances warrant it. If a court departs from the guidelines, it must give reasons for doing so.
As mentioned in my previous response, the Sentencing Council has a statutory duty to monitor and evaluate all definitive guidelines to assess their impact on sentencing outcomes and ensure they operate as intended. Analysis conducted by the Council between 2010 and 2015 demonstrated that the vast majority of sentences imposed for offences for which there were offence-specific guidelines were within the sentence range set out in the guidelines. The findings are presented in the Council’s annual reports for 2010/11 through 2014/15 which are available on its website. As part of its ongoing monitoring of the use of guidelines, the Council conducts quantitative and qualitative research to determine how the guidelines are being used and the effect they are having on sentencing practice. These evaluations will highlight any issues if departures from guidelines are commonplace for a particular offence(s) or aspect of sentencing.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of whether the discretion for courts to depart from sentencing guidelines in the interests of justice affects the (a) consistency and (b) effectiveness of sentencing outcomes.
Answered by Jake Richards - Assistant Whip
All sentencing courts in England and Wales must follow any sentencing guidelines which are relevant to the offender’s case, unless it is in the interests of justice not to do so (by virtue of section 59 of the Sentencing Code).
Whilst there is a high bar for departing from the guidelines, it is necessary, in the interests of justice, that courts retain the discretion to do so, where the individual case and circumstances warrant it. If a court departs from the guidelines, it must give reasons for doing so.
As mentioned in my previous response, the Sentencing Council has a statutory duty to monitor and evaluate all definitive guidelines to assess their impact on sentencing outcomes and ensure they operate as intended. Analysis conducted by the Council between 2010 and 2015 demonstrated that the vast majority of sentences imposed for offences for which there were offence-specific guidelines were within the sentence range set out in the guidelines. The findings are presented in the Council’s annual reports for 2010/11 through 2014/15 which are available on its website. As part of its ongoing monitoring of the use of guidelines, the Council conducts quantitative and qualitative research to determine how the guidelines are being used and the effect they are having on sentencing practice. These evaluations will highlight any issues if departures from guidelines are commonplace for a particular offence(s) or aspect of sentencing.
Asked by: Pam Cox (Labour - Colchester)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many and what proportion of prisoners have been released with a resettlement passport in each month since their introduction.
Answered by Jake Richards - Assistant Whip
The Government is committed to ensuring individuals have plans in place before release, identifying needs early, and linking people to the right support, such as housing, employment, and health services, to help reduce reoffending. No prisoners have left with a resettlement passport as formal introduction of a digital tool is yet to take place. However, development work has marked important progress in testing approaches to improve pre-release planning across the estate.
This testing, carried out in ten prisons and four probation regions, has gathered valuable insight and learning throughout, including a comprehensive understanding of current practice and identification of gaps and opportunities in service delivery. It has also provided insight relevant to ARNS (Assess, Risks, Needs and Strengths), supporting its development as part of HMPPS’s wider digital transformation strategy. ARNS is designed to modernise offender assessments by moving towards a more dynamic, collaborative, and strength-based approach to resettlement planning, offender management, and risk assessment.
These findings will feed into work to improve the operational processes to support preparation for release, to support delivery of recommendations from the Independent Review of Sentencing.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what data he holds on the reoffending rates of individuals convicted of offences relating to illegal entry into the UK.
Answered by Jake Richards - Assistant Whip
Providing this would incur disproportionate costs.
More broadly the Government is tackling the root causes of reoffending by investing in a range of services which address offenders’ underlying criminogenic needs and support their rehabilitation journey. This includes education, employment, accommodation and access to substance misuse treatment.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what plans he has to publish data on convictions and sentencing outcomes for immigration offences.
Answered by Jake Richards - Assistant Whip
The Ministry of Justice routinely publishes data on prosecutions, convictions and sentencing at criminal courts in England and Wales in the Outcomes by Offences data tool. This tool includes convictions and sentencing for immigration offences and can be downloaded from the Criminal Justice Statistics landing page here: Criminal Justice Statistics.
Asked by: John Hayes (Conservative - South Holland and The Deepings)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what recent discussions he has had with HM Courts and Tribunals Service on reducing the backlog of criminal cases in Lincolnshire.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
Lincoln Crown Court has continued to reduce outstanding workloads through the creation of a fourth Crown Court room in May 2021, utilising all Crown Court sitting day allocations for this financial year. To mitigate delays in setting trial dates, Lincoln actively identifies cases that are too large to be heard within Lincoln, moving these within the East Midlands in agreement with relevant parties.
The Government inherited a justice system in crisis, with a record and rising open caseload of nearly 80,000 criminal cases waiting to be heard and too many victims waiting years for justice. Investment alone is not enough - that is why this Government asked Sir Brian Leveson to undertake his Independent Review of the Criminal Courts. On 2 December, the Deputy Prime Minister responded to the first part of that review and set out why reform is necessary, alongside investment and modernisation.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the potential implications for his policies of the Civil Justice Council report entitled Review of Litigation Funding - Final Report.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government recognises the critical role third-party litigation funding plays in access to justice and is committed to ensuring it works fairly for all. That is why we intend to introduce legislation to enact the two primary recommendations of the Civil Justice Council’s review when parliamentary time allows. Once this work has been completed, my officials will consider the remaining recommendations in more detail.
New legislation will mitigate the effects of the PACCAR judgment by clarifying that Litigation Funding Agreements are not Damages Based Agreements, with prospective effect. Furthermore, the Government intends to introduce proportionate regulation of Litigation Funding Agreements.
Further details can be read in the Written Ministerial Statement issued on 17 December 2025: https://questions-statements.parliament.uk/written-statements/detail/2025-12-17/hcws1192.
Asked by: Marie Rimmer (Labour - St Helens South and Whiston)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if he will take steps to compensate legal aid providers for disruption caused by the cyberattack on the Legal Aid Agency in April 2025.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
I refer the honourable Member to the answer I gave on 10 November to Question 87407.