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To ask the Secretary of State for Justice, what data his Department holds on the number of criminal legal aid firms that have ceased operations in each of the last 15 years.
To ask the Secretary of State for Justice, what data his Department holds on the number of criminal legal aid firms that have ceased operations in each of the last 15 years.
It has not proved possible to respond to the hon. Member in the time available before Prorogation.
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of funding for criminal defence solicitors.
To ask the Secretary of State for Justice, what assessment he has made of the adequacy of funding for criminal defence solicitors.
In responding to the Criminal Legal Aid Independent Review (CLAIR), we boosted the system with upfront investment to address the most urgent concerns.
On 29 January, we published a consultation on proposed reforms to the Police Station Fee Scheme and the Youth Court, for which we propose an additional £16 million for police station work and £5.1 million for the Youth Court of funding per year. The consultation has now closed, and we are in the process of analysing the responses and considering the next steps. The government response will be published in due course.
We expect our reforms to criminal legal aid will increase investment in the solicitor profession by up to £85 million every year, including a 30% increase in funding for solicitors’ work in police stations and a 20% increase for their work in magistrates’ courts, once we introduce the additional £21 million per year allocated to these areas (subject to the consultation).
To ask the Secretary of State for Justice, if he will make an estimate of the number of court appearances that have been delayed as a result of Operation Early Dawn; and if he will make an assessment of the potential impact of Operation Early Dawn on court administration.
To ask the Secretary of State for Justice, if he will make an estimate of the number of court appearances that have been delayed as a result of Operation Early Dawn; and if he will make an assessment of the potential impact of Operation Early Dawn on court administration.
Operation Early Dawn is a contingency designed to mitigate impacts across the criminal justice system. We monitor system impacts but we cannot estimate how many court appearances are delayed because of Operation Early Dawn. This data is not collected in our management information systems (because Operation Early Dawn is a contingency).
We can confirm that no court sessions were cancelled as a result of Operation Early Dawn.
The Ministry of Justice and its agencies are working to minimise any associated delays across the criminal justice system, which includes prioritising the most urgent cases, and to minimise the inevitable impact on court administration.
To ask the Secretary of State for Justice, whether she has made a recent assessment of the adequacy of legal aid provision for immigration cases.
To ask the Secretary of State for Justice, whether she has made a recent assessment of the adequacy of legal aid provision for immigration cases.
Legal aid is available for asylum cases, for immigration matters for victims of domestic abuse and modern slavery, for separated migrant children and for immigration detention cases.
Once commenced, individuals who receive a removal notice under the Illegal Migration Act (IMA) will have access to merits and means free legal advice in relation to the removal notice.
We have taken action to increase access to legal aid for immigration and asylum cases, by:
Setting fees for IMA work at 15% above the usual hourly rate;
Providing up to £1.4 million of funding in 2024 for accreditation and re-accreditation of senior caseworkers to conduct immigration and asylum legal aid work;
Allowing Detained Duty Advice Scheme (DDAS) providers to give guidance remotely, at the discretion of providers and subject to their professional judgement and their obligations towards vulnerable persons; and
Introducing payment for travel time between Immigration Removal Centres (IRCs) and DDAS surgeries.
The Legal Aid Agency (LAA) monitors supply across its legal aid contracts on an ongoing basis and, where demand is greater than the available supply, takes action within its operational powers to secure additional provision to ensure the continuity of legal aid-funded services.
The LAA regularly engages with provider representative groups, including on the provision of immigration and asylum services, via forums such as the Civil Contract Consultative Group.
The ongoing Review of Civil Legal Aid is considering the broader economic context of the civil legal aid market as a whole, including for immigration cases, so that it can operate sustainably in the long-term; the Green Paper consultation is expected in July 2024.
To ask the Secretary of State for Justice, what guidelines his Department has issued on ensuring the (a) anonymity and (b) safety of jurors in high-profile cases.
To ask the Secretary of State for Justice, what guidelines his Department has issued on ensuring the (a) anonymity and (b) safety of jurors in high-profile cases.
There is no expectation of anonymity for jurors in trials. It is standard procedure that jurors’ names are called out to allow the defendant, or the defence’s legal representative, the opportunity to object to any person called, if for example they have knowledge of the defendant or of the case, which may be prejudicial to the trial.
However, Criminal Procedure Rule 25.6(4) allows for jurors to be announced by an identifying number assigned by the court officer to that person (rather than by their name) where the court is satisfied that that is necessary.
We take the safety of jurors and all those who attend the crown court seriously. Jurors are advised to make immediate contact with HMCTS staff if they are approached by anyone they think may be connected to the case they are part of the jury for, or if they feel threatened or concerned. If they are not in the courthouse and think they are in immediate danger, jurors are advised to dial 999.
To ask the Secretary of State for Justice, whether he (a) is taking and (b) plans to take steps to assess the efficacy of restraining orders in preventing repeat incidents of domestic violence (i) in minority ethnic communities and (ii) generally.
To ask the Secretary of State for Justice, whether he (a) is taking and (b) plans to take steps to assess the efficacy of restraining orders in preventing repeat incidents of domestic violence (i) in minority ethnic communities and (ii) generally.
Restraining orders play an important role in ensuring that victims are appropriately protected, and feel safer, particularly within the context of repeated and/or escalating behaviour that disproportionately impacts women and girls, such as domestic abuse.
They are one of several existing protective orders that can be used in cases of domestic abuse to protect a victim, such as Non-Molestation Orders, Stalking Protection Orders, and Domestic Violence Protection Orders.
Abusers who breach restraining orders face tough penalties including jail time. Where a restraining order is breached, CPS guidance encourages prosecutors to consider whether a new course of conduct is present and, if so, to ensure that it is prosecuted in addition to the breach in question.
Safeguarding victims of all crimes, and particularly from those such as domestic abuse is a priority for this Government. That is why we are going further to protect victims of domestic abuse by piloting a new Domestic Abuse Protection Order from Spring 2024 which will give courts the power to impose exclusion zones, curfews, and electronic monitoring tags on abusers. The order will be independently evaluated to understand its effectiveness in protecting all victims.
To ask the Secretary of State for Justice, whether he is taking steps with Cabinet colleagues to help support the mental health of victims while they wait for rape trials.
To ask the Secretary of State for Justice, whether he is taking steps with Cabinet colleagues to help support the mental health of victims while they wait for rape trials.
Supporting victims of sexual violence and abuse is an absolute priority for this government.
We have taken a number of steps to support the mental health of victims while they wait for rape trials.
In December 2022, the Ministry of Justice launched the 24/7 Rape and Sexual Abuse Support Line to provide victims and survivors access to vital help and information whenever they need it.
In August 2023, we launched the recommissioned Rape and Sexual Abuse Support Fund, providing £26 million to over 60 specialist support services.
The Government is also quadrupling funding for victim and witness support services by 2024/25, up from £41 million in 2009/10. This includes additional ringfenced funding to increase the number of Independent Sexual Violence Advisors (ISVAs) and Independent Domestic Violence Advisors (IDVAs) to around 1,000 by 2024/25 - a significant increase on the number of ISVAs and IDVAs.
To ask the Secretary of State for Justice, whether he is taking steps to help ensure digital (a) literacy and (b) understanding among legal professionals.
To ask the Secretary of State for Justice, whether he is taking steps to help ensure digital (a) literacy and (b) understanding among legal professionals.
The Ministry of Justice is driving the digital transformation of the legal sector by providing £6 million for the LawtechUK programme, which aims to increase innovation and adoption of lawtech in the delivery of UK legal services. Lawtech describes technologies which aim to support, supplement, or replace traditional methods for the delivery of legal services.
LawtechUK offers a range of free education programmes designed to help organisations interested in harnessing the benefits of innovation for their legal operations. This includes Lawtech Bridge which brings together startups and established legal businesses to explore approaches to digital innovation.
LawtechUK also organises events aimed at raising awareness and increasing understanding of lawtech. For example, a recent Lawtech Student Fair brought together law firms, alternate legal service providers and lawtech providers with students and junior lawyers to help ensure the next generation of lawyers are digitally literate and embracing technology.
Whilst the Government aims to support a flourishing and innovative legal sector, the legal profession in England and Wales, together with its regulators, operate independently of the Government. The Solicitor’s Regulation Authority, the approved regulator for solicitors, supports innovation in the legal sector through their Innovate programme by helping law firms run their business creatively, supporting technology firms looking to develop products for legal businesses and bringing together law firms and innovators.
To ask the Secretary of State for Justice, what steps his Department is taking to help increase the retention of specialist counsel for cases involving rape and serious sexual offences.
To ask the Secretary of State for Justice, what steps his Department is taking to help increase the retention of specialist counsel for cases involving rape and serious sexual offences.
In September 2022, following the conclusion of the Criminal Legal Aid Independent Review, we uplifted fees for all defence advocates by 15%, which we expect will see a typical criminal barrister earn nearly £7,000 more a year. Fees for prosecution advocates were subject to 15% increase by the CPS in May 2023.
We also increased the fee for advocates who undertake s.28 cases (which provides for a special measure enabling certain vulnerable victims and witnesses to have their cross-examination and re-examination pre-recorded and played at trial) from £670 (exc. VAT) to £1,000 (exc. VAT). The s.28 fees and special and wasted preparation fees brought the overall increase for barrister fees from 15% to 17%.
The CPS recognise that barristers’ wellbeing should be supported and therefore have provided CPS Advocate Panel members dealing with potentially distressing casework access to their Employee Assistance Programme since September 2023.
I am hopeful that our latest funding increase for s.28 cases will help to retain Rape and Serious Sexual Offences barristers and ensure these cases continue to be prioritised. The Lord Chancellor is holding a roundtable on Wednesday 13 March to discuss this issue further.
To ask the Secretary of State for Justice, if he will take steps to help tackle (a) poor pay and (b) high stress among barristers working on sexual violence cases; and what other steps he is taking to help increase the retention of such barristers.
To ask the Secretary of State for Justice, if he will take steps to help tackle (a) poor pay and (b) high stress among barristers working on sexual violence cases; and what other steps he is taking to help increase the retention of such barristers.
In September 2022, following the conclusion of the Criminal Legal Aid Independent Review, we uplifted fees for all defence advocates by 15%, which we expect will see a typical criminal barrister earn nearly £7,000 more a year. Fees for prosecution advocates were subject to 15% increase by the CPS in May 2023.
We also increased the fee for advocates who undertake s.28 cases (which provides for a special measure enabling certain vulnerable victims and witnesses to have their cross-examination and re-examination pre-recorded and played at trial) from £670 (exc. VAT) to £1,000 (exc. VAT). The s.28 fees and special and wasted preparation fees brought the overall increase for barrister fees from 15% to 17%.
The CPS recognise that barristers’ wellbeing should be supported and therefore have provided CPS Advocate Panel members dealing with potentially distressing casework access to their Employee Assistance Programme since September 2023.
I am hopeful that our latest funding increase for s.28 cases will help to retain Rape and Serious Sexual Offences barristers and ensure these cases continue to be prioritised. The Lord Chancellor is holding a roundtable on Wednesday 13 March to discuss this issue further.
To ask the Secretary of State for Justice, which Minister in their Department is responsible for overseeing work on long-term strategic challenges; and how many officials in their Department (a) undertake horizon scanning work and (b) focus on delivering long-term priorities.
To ask the Secretary of State for Justice, which Minister in their Department is responsible for overseeing work on long-term strategic challenges; and how many officials in their Department (a) undertake horizon scanning work and (b) focus on delivering long-term priorities.
The Liaison Committee recently launched an inquiry into select committee scrutiny of strategic thinking across Whitehall. The Government will be providing written evidence to this in due course.
The Lord Chancellor is responsible for oversight of all ministerial portfolios and Ministry of Justice strategy. An overview of ministerial portfolios for the Ministry of Justice is here: Ministry of Justice - GOV.UK (www.gov.uk). Addressing long-term issues is part of the work of the Department across all our policy areas.
To ask the Secretary of State for Justice, whether their Department has a Chief Risk Officer for national security risks relating to the work of their Department.
To ask the Secretary of State for Justice, whether their Department has a Chief Risk Officer for national security risks relating to the work of their Department.
The Permanent Secretary, as Principal Accounting Officer, supported by the Audit and Risk Assurance Committee, has established the Ministry of Justice’s overall approach to risk management.
The Ministry of Justice has a Chief Risk Officer in place who is responsible for leading this approach. Responsibilities for the management of areas of risk, including National Security Risks, are devolved through the organisational structure, defined roles and responsibilities, and delegated authorities.
To ask the Secretary of State for Justice, what steps they are taking to help ensure that their Department (a) gives sufficient attention to long term strategic challenges, (b) does not allow current events to slow down work on long term strategic issues and (c) consistently undertakes horizon scanning.
To ask the Secretary of State for Justice, what steps they are taking to help ensure that their Department (a) gives sufficient attention to long term strategic challenges, (b) does not allow current events to slow down work on long term strategic issues and (c) consistently undertakes horizon scanning.
The Government has a clear vision for the justice system, including focusing on protecting the public and reducing reoffending. The Ministry of Justice is investing record sums in long term infrastructure programmes – notably the 20,000 prison places portfolio. The Ministry of Justice hosts dedicated resource involved in long-term strategy planning and horizon scanning, including a Futures, Insights, and Emerging Technology team that actively engages in cross-government horizon scanning networks.
To ask the Secretary of State for Justice, how many defendants facing allegations of (a) rape and (b) other sexual crimes received a postal requisition to appear at court.
To ask the Secretary of State for Justice, how many defendants facing allegations of (a) rape and (b) other sexual crimes received a postal requisition to appear at court.
The data presented in the table below shows the number of Defendants dealt with for (a) rape and (b) other sexual crimes cases where they received a postal requisition to appear at the magistrates’ courts, England and Wales, Q1 2014 - Q1 2023 held by HM Courts and Tribunals Service.
Year | Quarter | All Rape | Other Sexual Crimes |
2014 | Q1 | 51 | 174 |
2014 | Q2 | 55 | 209 |
2014 | Q3 | 69 | 215 |
2014 | Q4 | 81 | 279 |
2015 | Q1 | 78 | 260 |
2015 | Q2 | 85 | 265 |
2015 | Q3 | 97 | 310 |
2015 | Q4 | 134 | 372 |
2016 | Q1 | 110 | 350 |
2016 | Q2 | 145 | 464 |
2016 | Q3 | 149 | 454 |
2016 | Q4 | 138 | 472 |
2017 | Q1 | 146 | 485 |
2017 | Q2 | 137 | 504 |
2017 | Q3 | 176 | 623 |
2017 | Q4 | 233 | 811 |
2018 | Q1 | 184 | 748 |
2018 | Q2 | 143 | 677 |
2018 | Q3 | 163 | 754 |
2018 | Q4 | 187 | 788 |
2019 | Q1 | 223 | 868 |
2019 | Q2 | 201 | 860 |
2019 | Q3 | 202 | 836 |
2019 | Q4 | 214 | 979 |
2020 | Q1 | 231 | 916 |
2020 | Q2 | 173 | 339 |
2020 | Q3 | 353 | 1194 |
2020 | Q4 | 317 | 1231 |
2021 | Q1 | 319 | 1060 |
2021 | Q2 | 343 | 929 |
2021 | Q3 | 216 | 686 |
2021 | Q4 | 187 | 571 |
2022 | Q1 | 183 | 643 |
2022 | Q2 | 209 | 595 |
2022 | Q3 | 197 | 565 |
2022 | Q4 | 154 | 398 |
2023 | Q1 | 119 | 289 |
To Note:
1) Excludes a small number of cases with identified data quality issues and breaches.
2) Only one offence is counted for each defendant. If there is more than one offence per defendant that complete on the same day, a set of validation rules applies to select one offence only and these relate to the longest duration, seriousness and the lowest sequence number of the offence.
3) Includes cases completed in the magistrates' courts during the specified time period, where no further action is required by the magistrates' courts, as well as those who go on to the Crown Court.
To ask the Secretary of State for Justice, whether their Department has purchased products manufactured by (a) Hikvision and (b) Dahua in the last three years.
To ask the Secretary of State for Justice, whether their Department has purchased products manufactured by (a) Hikvision and (b) Dahua in the last three years.
As has been the case under succussive administrations, is not government policy to comment on the government’s security arrangements. This includes any specific details regarding the make and model of security systems.
To ask the Secretary of State for Justice, with reference to the Written Ministerial Statement of 24 November 2022 on Security Update on Surveillance Equipment, WMS 386, whether they have (a) ceased deployment of visual surveillance systems produced by companies subject to the National Intelligence Law of the People’s Republic...
To ask the Secretary of State for Justice, with reference to the Written Ministerial Statement of 24 November 2022 on Security Update on Surveillance Equipment, WMS 386, whether they have (a) ceased deployment of visual surveillance systems produced by companies subject to the National Intelligence Law of the People’s Republic...
On 24 November 2022, the Chancellor of the Duchy of Lancaster published a Written Ministerial Statement noting that departments had been instructed to take a series of actions relating to surveillance equipment subject to the National Intelligence Law of the People’s Republic of China. This Government Department has been implementing this policy along with other protective security controls.
At Report Stage of the Procurement Bill, the Government committed that, within six months of Royal Assent, the Government will set out the timeline for the removal of surveillance equipment supplied by companies subject to the National Intelligence Law of China from sensitive sites. This department will be providing information to the Cabinet Office to support this commitment. It is a longstanding Government policy that specific security arrangements regarding Government estates are withheld on security grounds.
To ask the Secretary of State for Justice, what recent assessment he has made of the adequacy of the physical condition of court buildings.
To ask the Secretary of State for Justice, what recent assessment he has made of the adequacy of the physical condition of court buildings.
The condition of the HMCTS estate is kept under review to make sure court and tribunal buildings are safe, secure and meet statutory obligations.
We have spent over £185 million on court maintenance and repairs in the two years to April 2023, to enhance the resilience of the estate and maintain court capacity. An extra £38m was also spent in 2022/23 on additional minor repairs and replacement items.
We have a planned pipeline of future works to improve the resilience and quality of the court estate, and we will continue to work closely with local judiciary and staff to identify and address areas of the highest maintenance priority.
To ask the Secretary of State for Justice, if he will make an assessment of the adequacy of the support his Department provides to parents whose contact with their children is hindered by another parent or guardian.
To ask the Secretary of State for Justice, if he will make an assessment of the adequacy of the support his Department provides to parents whose contact with their children is hindered by another parent or guardian.
The Government is aware of the difficulties that some parents can face in continuing their relationship with their child following parental divorce or separation.
Under the current legal framework, a parent can apply for a child arrangements order for the child to live with or spend time with them. The welfare of the child is paramount in any decision regarding child arrangements, including decisions about the nature and extent of parental involvement.
The Government is committed to helping more parents resolve their issues earlier without coming to court where it is safe to do so. In March 2021 the Government launched the Mediation Voucher Scheme providing separating couples with children up to £500 towards the cost of mediation. As of 4 June 2023, the scheme has helped over 18,250 families to access mediation and resolve their issues away from the family court. In March 2023 the government announced on an additional £15m to allow the scheme to continue for a further two years. We expect this will support around a further 28,500 families.
The Government is currently consulting on how we can best support families resolve their disputes earlier and in the best interests of their children. Our proposals include fully funded pre-court co-parenting programmes and a requirement, in appropriate cases, to make a reasonable attempt to mediate before applying to court.
To ask the Secretary of State for Justice, what recent assessment he has made of the adequacy of support available to (a) fathers, (b) mothers and (c) parental guardians going through court proceedings.
To ask the Secretary of State for Justice, what recent assessment he has made of the adequacy of support available to (a) fathers, (b) mothers and (c) parental guardians going through court proceedings.
We are aware of the impact involvement in family court proceedings can have on the fathers, mothers or parental guardians and children involved, which is why this Government is committed to ensuring that all parents can get the support they need to access the justice system across England and Wales.
Since 2015, the Ministry of Justice has invested more than £25 million in support for litigants in person and funding a broad range of free legal support services.
The government announced in March a new £10.4m 'Improving Outcomes Through Legal Support' grant. This grant will run from July 2023 until March 2025 and will be administered by the Access to Justice Foundation on behalf of the Ministry of Justice. The grant will continue to help thousands of people get access to legal support, including from organisations who provide at-court support.
In addition to this, the charity ‘Support Through Court’ offer practical, procedural and emotional support to all parents facing court without legal representation, regardless of their gender or sex. Support Through Court is based at 14 locations in England and Wales, and also offers a national helpline.
The Government is committed to helping more parents resolve their issues earlier and without coming to court, allowing the resources of the family courts to remain focused on the families and children who are most in need of the court’s involvement. In March 2021 the Government launched the Mediation Voucher Scheme. As of April 2023, the scheme has helped over 17,000 families to access mediation and resolve their issues away from the family court. The government invested £3.2m in 2021-22, a further £5.4m in the scheme in the 2022-23 and is investing a further £15m to extend the scheme to April 2025, taking our overall investment up to £23.6m. Following the success of the Voucher Scheme, the Government has recently published a public consultation on how Government can better support parents to resolve their issues earlier and away from the family courts where appropriate. Proposals include fully funded pre-court co-parenting programmes to provide parents and carers with the tools to enable them to reach agreements themselves and continue to care for their child(ren) once separated and a requirement, in appropriate cases, to make a reasonable attempt to mediate before applying to court. The consultation closes on 15 June.
To ask the Secretary of State for Justice, whether his Department has a definition of (a) justice and (b) the qualities that the administration of justice should possess in order to be effective.
To ask the Secretary of State for Justice, whether his Department has a definition of (a) justice and (b) the qualities that the administration of justice should possess in order to be effective.
Justice is an essential public service, relied upon by millions of victims, families and businesses across our country to deliver the justice outcomes that matter; protecting the public, reduce reoffending and deliver swift access to justice. The department’s delivery of these priorities is laid out in the publicly available Outcome Delivery Plan.