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9 Mar 2009 : Column 90W—continued

Legal Aid: Payments

Peter Bottomley: To ask the Secretary of State for Justice what the highest ratio is of money owed by the Legal Services Commission to a solicitor's practice providing approved legal aid under its contract payments protocol to the standard monthly payment to such a solicitor's practice. [260306]

Mr. Malik: The LSC's overall objective on payments to legal service providers is to provide financial stability by paying them a regular sum—the standard monthly payment (SMP)—each month that matches their average claim value. The SMP is varied to take account of actual claims and aims to achieve 100 per cent. reconciliation balance.

The current highest claim to payment ratio is for an outstanding balance of £14,800 against an SMP of £1,700. The SMP in this case has been based on the historic performance of the contract but there has been a particularly high claim received recently that has had an impact on the contract balance.

The LSC will be changing the payments to pay off the balance over a three month period.

Peter Bottomley: To ask the Secretary of State for Justice when the Legal Services Commission will have paid the £10,000 outstanding at the end of January to a solicitor’s practice in Worthing, as referred to in communications by the hon. Member for West Worthing, under the payment arrangements which have been in place hitherto. [260307]

Mr. Malik: The provider in question has both a civil and a criminal contract with the LSC, each of which is reconciled separately to ensure that the LSC’s standard monthly payments (SMP) to the provider equate over time to the value of the claims made. At February 2009, the balance of the civil contract account was £4,798 underpaid to the provider, but the balance of the criminal contract account was £8,904 overpaid in the provider’s favour. However, in order to assist the provider’s particular circumstances, the LSC has agreed to consider the February 2009 claims as soon as they are available from the provider and to take appropriate steps to ensure prompt payment.

Medical Treatments: EU Law

Dr. Iddon: To ask the Secretary of State for Justice what discussions officials and Ministers of his Department have had with officials in Guernsey on the secondary
9 Mar 2009 : Column 91W
legislation necessary to make the Medicines (Human and Veterinary) (Bailiwick of Guernsey) Law 2008, consistent with the European Medicines Directive; and when he expects such legislation to be introduced. [260959]

Mr. Wills: The Ministry of Justice have had no discussions about ensuring secondary legislation is consistent with the European Medicines Directive. This is the responsibility of the Medicines and Healthcare products Regulatory Agency. During a recent ministerial visit to the Island on 10 and 11 February 2009 Guernsey were asked about the timescale to implement the Medicines (Human and Veterinary) (Bailiwick of Guernsey) Law 2008. Their aim is to submit the relevant commencement ordinance to the States of Deliberation by June and bring secondary legislation into force shortly afterwards.

Offenders

Dr. Murrison: To ask the Secretary of State for Justice what information his Department collects on offenders’ (a) employment history, (b) educational history and (c) health requirements for an offender’s (i) pre-sentence report, (ii) supervision plan and (iii) induction in prison; and if he will make a statement. [261049]

Mr. Hanson: Information about employment and educational history (such as employment status, history, work related skills, school attendance and literacy and numeracy problems) and general health (including questions concerning drug and alcohol misuse and difficulty in coping and current psychological problems) is routinely collected as part of the process of interviewing and assessing offenders in order to prepare a pre sentence report and sentence and risk management plan. Information on other factors related to offending is also gathered. The information is recorded on the national Offender Assessment System (OASys), accessible to prison and probation staff.

On reception and induction to a prison, the offender is interviewed by health professionals and may be referred to learning and skills professionals, drugs workers (Counselling Assessment Referral and Throughcare teams), and other relevant specialists.

Offenders: Housing

Mr. Garnier: To ask the Secretary of State for Justice (1) how many and what proportion of offenders who ended their residence in ClearSprings Bail Accommodation and Support Service properties in 2008 had an accommodation address to move on to; and if he will make a statement; [260439]

(2) how many offenders have been released from prison into ClearSprings Bail Accommodation and Support Service properties; and how many defendants or offenders released into ClearSprings properties have since been returned to custody. [260440]

Mr. Hanson: Data on the number and proportion of those in the Bail and Accommodation Service who have addresses to move on to after completion are being obtained and I will write to the hon. and learned Member as soon as possible.


9 Mar 2009 : Column 92W

1,183 offenders and 1,657 defendants had been released into the Bail Accommodation and Support Service up to 23 February 2009. 176 of those released on bail completed their bail period by that date and were then sentenced to custody. Numbers of those otherwise returned to custody following breach while in the service or after completion of the service cannot be provided except at disproportionate cost.

Offenders: Veterans

Dr. Murrison: To ask the Secretary of State for Justice, what (a) account is taken by and (b) information is made available to offender managers of the services provided by the Service Personnel and Veteran’s Agency in the drafting of supervision plans for offenders who have served in the armed forces; if he will ensure that such offenders are informed of the services for which they are eligible which are provided by (i) the Royal Brtish Legion, (ii) Combat Stress and (iii) Soldiers, Sailors and Airforce Association; and if he will make a Statement.[261045]

Mr. Hanson: The Veterans Prison In-Reach Initiative, a partnership between the Ministry of Justice and Ministry of Defence, promotes the help and support for veterans available from the Service Personnel and Veterans Agency (SPVA) to prison establishments and Probation Offender Managers. The SPVA website and free-phone helpline is promoted to front-line staff which can assist the development of supervision plans for veteran offenders.

As part of the Veterans Prison In Reach initiative we are running an extensive cross departmental campaign aimed at staff, including offender managers. ex veteran offenders and their families on services available. This exercise is conducted in close and active co-operation with the three veteran charities mentioned by my Hon. Friend. This helps to inform the sentence for ex veteran offenders.

Police Custody

Mr. Ruffley: To ask the Secretary of State for Justice how many prisoners were held in police cells in each police force area in 2008; and at what estimated cost. [256740]

Mr. Straw: Operation Safeguard was activated between 12 October and 22 December 2006 and again from 16 January 2007 to 31 October 2008. Police cells have not been used since 22 September 2008 and no police cells have been on stand-by since the end of October 2008.

The following table details usage between 1 January 2008 and 22 September 2008 and gives the aggregate total of the number of prisoner nights in which a police cell was used. It is not possible to ascertain how many individual prisoners these totals cover.

NOMS is invoiced by police forces in arrears for the use of cells activated under Operation Safeguard. Invoices to the value of £10,790,000 were paid between 1 April 2008 and 31 December 2008 for the activation of Operation Safeguard in the 2008-09 financial year.


9 Mar 2009 : Column 93W

Usage (prisoner nights)

Avon and Somerset

35

Bedfordshire

82

Cambridgeshire

414

Cheshire

1,558

Cleveland

0

Cumbria

89

Derbyshire

341

Devon and Cornwall

432

Dorset

109

Durham

377

Dyfed Powys

0

Essex

645

Gloucestershire

1

GMP

611

Gwent

0

Hampshire

475

Hertfordshire

395

Humberside

30

Kent

948

Lancashire

263

Leicestershire

723

Lincolnshire

2

Merseyside

43

MET

4,423

Norfolk

12

North Wales

453

North Yorkshire

20

Northamptonshire

43

Northumbria

0

Nottinghamshire

34

South Wales

715

South Yorkshire

194

Staffordshire

58

Suffolk

369

Surrey

9

Sussex

223

TVP

688

Warwickshire

893

West Mercia

1

West Midlands

939

West Yorks

948

Wiltshire

6

Total

7,528


9 Mar 2009 : Column 94W

Political Parties: Finance

Mr. Maude: To ask the Secretary of State for Justice pursuant to the answer to the hon. Member for Chichester of 15 December 2008, Official Report, columns 478-9W, on political parties: finance, whether an hon. Member who triggered their election expenses by virtue of prejudicing the electoral prospects of another candidate at the election would be required to count any subsequent expenditure from the communications allowance as regulated election spending. [258663]

Mr. Straw: The restrictions on use of the communications allowance for political purposes are clear. As such, it should not be the case that expenditure for electoral purposes could be funded by the communications allowance in any event, whether the expenditure in question precedes or follows any separate statement that has the effect of prejudicing another candidate's electoral prospects.

Rape: Prosecutions

Chris Huhne: To ask the Secretary of State for Justice how many prosecutions were brought for rape against women in each of the last 10 years, broken down by police force area; and what the rate of conviction was in each case. [260932]

Maria Eagle: The number of defendants proceeded against at magistrates courts and found guilty at all courts for rape against women, from 1998 to 2007 (latest available), by police force area, are shown in tables 1 and 2. The percentage of those proceeded against who were found guilty in England and Wales is shown in table 3.

The figures given relate to persons for whom these offences were the principal offence for which they were dealt with. When a defendant has been found guilty of two or more offences, the offence selected is the one for which the heaviest penalty is imposed. Where the same disposal is imposed for two or more offences, the offence selected is the offence for which the statutory maximum penalty is the most severe.


9 Mar 2009 : Column 95W

9 Mar 2009 : Column 96W
Table 1: Number of defendants proceeded against at magistrates courts for rape against a female( 1) , by police force area( 2) , 1998 to 2007( 3, 4) , England and Wales
Police force area 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

Avon and Somerset

61

64

52

83

75

73

64

52

63

54

Bedfordshire

27

31

27

25

27

17

31

24

19

16

Cambridgeshire

15

35

26

30

22

13

23

25

21

25

Cheshire

27

27

28

28

25

25

29

33

30

22

City of London

3

1

Cleveland

17

16

17

17

30

33

22

41

29

31

Cumbria

11

14

6

31

21

16

15

15

13

15

Derbyshire

34

38

35

33

44

49

54

61

39

48

Devon and Cornwall

32

29

27

27

13

7

17

18

20

27

Dorset

15

19

20

32

25

16

19

20

19

20

Durham

21

22

32

34

31

20

30

24

32

26

Essex

57

49

31

40

50

48

46

49

28

16

Gloucestershire

11

13

17

11

29

12

18

14

26

30

Greater Manchester

138

116

108

137

167

170

165

165

158

161

Hampshire

66

82

79

89

93

89

81

95

57

80

Hertfordshire

15

15

26

20

30

33

45

44

50

19

Humberside

22

20

20

17

31

24

30

39

43

22

Kent

41

31

43

40

64

46

48

50

57

57

Lancashire

52

53

58

71

83

63

58

96

68

67

Leicestershire

40

22

31

41

50

45

38

46

33

28

Lincolnshire

24

16

15

18

29

25

23

26

13

10

Merseyside

54

41

54

70

82

88

63

35

41

32

Metropolitan Police

296

346

298

402

513

574

460

546

508

476

Norfolk

17

22

13

19

17

17

9

4

3

10

North Yorkshire

15

20

12

19

26

20

43

29

29

24

Northamptonshire

13

1

1

5

2

6

16

16

12

2

Northumbria

111

97

76

65

58

69

52

49

53

46

Nottinghamshire

54

48

49

69

58

56

57

50

42

31

South Yorkshire

36

22

42

46

51

51

59

56

60

42

Staffordshire

24

25

53

50

44

41

43

39

39

Suffolk

24

18

13

23

30

24

26

28

32

15

Surrey

15

11

16

24

25

26

15

24

20

17

Sussex

41

30

39

38

47

33

47

59

52

38

Thames Valley

44

36

36

55

42

46

44

74

71

49

Warwickshire

7

5

6

4

7

8

6

10

10

9

West Mercia

32

24

18

40

43

31

36

40

33

23

West Midlands

130

127

136

184

221

209

188

146

151

144

West Yorkshire

101

142

125

162

132

128

97

98

54

65

Wiltshire

25

11

6

18

27

25

23

28

19

20

Dyfed-Powys

14

30

22

14

20

12

25

10

11

11

Gwent

33

30

24

31

46

42

37

27

24

22

North Wales

29

19

18

23

22

13

25

17

16

11

South Wales

83

66

59

68

90

59

78

59

56

59

Total

1,924

1,883

1,761

2,256

2,551

2,405

2,304

2,385

2,154

1,959

(1) Includes:
Rape of a female aged under 16: Sexual Offences Act 2003, section 1.
Rape of a female aged 16 or over: Sexual Offences Act 2003, section 1.
Rape of a female child under 13 by a male: Sexual Offences Act 2003, section 5.
(2) Staffordshire police force were only able to submit sample data for persons proceeded against and convicted in the magistrates courts for the year 2000. Although sufficient to estimate higher orders of data, these data are not robust enough at a detailed level and have been excluded from the table.
(3) These data are on the principal offence basis.
(4) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used.
Source:
Office for Criminal Justice Reform, Evidence and Analysis Unit.

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