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Written Answers to Questions

Tuesday 23 June 2009

Justice

Archway Tower

Jeremy Corbyn: To ask the Secretary of State for Justice what recent discussions he has had with the Office of the Public Guardian on future employment at Archway Tower, London, N19; and if he will make a statement. [281473]

Bridget Prentice: The Chief Executive and Public Guardian continues to provide me with regular updates on the progress of the OPG’s change plans, including those for the Archway Tower office.

Archway Tower currently has three occupiers: the Office of the Public Guardian (OPG), the Court of Protection (administered by Her Majesty’s Courts Service) and the Children and Family Court Advisory and Support Service (CAFCASS). The OPG’s plans concerning its future operating model and structure are distinct from the ongoing activities of the Court and CAFCASS.

It has become increasingly clear that the success of the Mental Capacity Act 2005 will continue to generate very significant future demand for the services of the OPG. As a result, the OPG has begun developing its strategy to ensure it is able to offer a high quality service to all of its customers: both now as well as in the future. To enable this strategy, it is planning to move OPG business progressively out of London in order to meet its customers’ needs on a more efficient, effective and sustainable footing in the medium to long term.

OPG engages actively with staff and trade unions about its change plans as they develop, particularly where they have a direct impact on teams and individuals. All work force change will be managed in line with the Ministry of Justice work force change policies, as agreed with trade unions.

Ashwell Prison

Mr. Garnier: To ask the Secretary of State for Justice how many prisoners were relocated to other prisons following the disturbance at HM Prison Ashwell on 11 April 2009; and to which prisons they were sent. [272826]

Maria Eagle: 424 prisoners were transferred to 26 establishments. The numbers per prison are set out in the following table:


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Receiving establishment Number of prisoners received

Altcourse

24

Bedford

16

Birmingham

6

Bullingdon

20

Dovegate

14

Durham

20

Forest Bank

30

Full Sutton

2

Garth

10

Hewell

6

Highdown

14

Holme House

20

Leeds

30

Leicester

2

Lincoln

6

Liverpool

34

Manchester

20

Peterborough

12

Preston

28

Ranby

12

Shrewsbury

14

Stocken

24

Wellingborough

6

Whitemoor

16

Woodhill

24

Wormwood Scrubs

14

Total

26


Complaints

Mr. Vara: To ask the Secretary of State for Justice pursuant to the answer of 28 April 2009, Official Report, column 1252W, for what reasons his Department decided not to collect centrally data on complaints about ClearSprings properties received by his Department and its agencies. [281161]

Maria Eagle: The Ministry of Justice holds information on the number of ClearSprings properties about which complaints have been received. Correspondence sent to the Director of Offender Management offices in the 10 regions of England and Wales and to the contractor is the responsibility of those offices and is not held centrally and could be provided only at disproportionate cost. Only those letters sent to the Ministry of Justice headquarters are held centrally.

Departmental Carbon Emissions

Mr. Paice: To ask the Secretary of State for Justice what estimate he has made of the volume of carbon dioxide emissions from offices in his Department in (a) 2006-07 and (b) 2007-08 (i) in total and (ii) per full-time equivalent member of staff. [280923]

Mr. Wills: The Ministry of Justice was created in May 2007, this answer gives the estimate of the carbon dioxide emissions from offices for the year 2007-08. The Ministry of Justice is unable to provide information on carbon dioxide emissions from offices for 2006-07 without incurring disproportionate costs.

The estimate the Ministry of Justice made of (i) total carbon dioxide emissions from its offices was 12,043 tonnes and (ii) per full-time equivalent (FTEs) member of staff was 3.2 tonnes based upon 3,741 FTEs. This information is for Ministry of Justice headquarters only as all other parts of the estate have non-office buildings within their returns.


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Mr. Paice: To ask the Secretary of State for Justice what estimate he has made of the volume of carbon dioxide emissions arising from road-based transport used for administrative operations by his Department in (a) 2006-07 and (b) 2007-08 (i) in total and (ii) per full-time equivalent member of staff. [281048]

Mr. Wills: The Ministry of Justice was created in May 2007, this answer gives the total figures for 2007-08. The Ministry of Justice is unable to provide an estimate of carbon dioxide emissions for road-based transport in 2006-07 without incurring disproportionate costs.

The estimated amount of carbon emissions arising from road-based travel for administrative operations for the year 2007-08 was 9,789.7 tonnes CO2. The figure per full-time equivalent (FTE) member of staff in 2007-08 was 0.1 tonnes CO2 based upon 93,385 FTEs (core Department plus Executive agencies).

Mr. Paice: To ask the Secretary of State for Justice what estimate he has made of the volume of carbon dioxide emissions arising from air travel by staff in his Department in (a) 2006-07 and (b) 2007-08 (i) in total and (ii) per full-time equivalent member of staff. [281049]

Mr. Wills: The Ministry of Justice was created in May 2007, this answer gives the figure for 2007-08. The Ministry of Justice is unable to provide the carbon dioxide emissions from air travel by staff in 2006-07 without incurring disproportionate costs.

The estimate the Ministry of Justice made of (i) total carbon emissions arising from air travel by staff in 2007-08 was 1,139 tonnes CO2e and (ii) per full-time equivalent (FTE) member of staff was 0.012 tonnes CO2e based upon 93,385 FTEs (core Department plus Executive agencies).

Departmental Work Experience

Mr. Oaten: To ask the Secretary of State for Justice how many (a) paid and (b) unpaid graduate internships his Department has awarded in each of the last six months. [281521]

Mr. Wills: No centrally co-ordinated internships (paid or unpaid) have been awarded in the past six months. Business areas may have offered internships, but this information is not collated centrally and could be determined only at disproportionate cost.

The Ministry of Justice participates in the summer placement schemes co-ordinated by the Cabinet Office (these are paid internships). This year, seven placements have been arranged; six through the Ethnic Minority Summer Development Programme and one through the Disability Summer Placement Scheme. The placements will start later in June and July.

Legal Aid

Mr. Lancaster: To ask the Secretary of State for Justice (1) how many defendants were unrepresented in cases heard in each magistrates' court in each of the last three years; [281302]


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(2) what estimate he has made of the likely change in the number of unrepresented defendants as a result of the recent changes in the rules on eligibility for legal aid; [281303]

(3) how many representations he received in response to his recent consultation on means testing in Crown court cases; and how many of those submissions were (a) in support of and (b) against the introduction of such testing. [281304]

Bridget Prentice: Currently no data are collected from the magistrates courts about numbers of unrepresented defendants.

There have been no recent changes to the rules on eligibility for criminal legal aid. Moreover, the introduction of means testing will not alter eligibility for legal aid in the Crown courts. Everyone who applies to be legally aided in the Crown court will be granted it. There is however a risk that the introduction of means testing to the Crown court will result in an increase in unrepresented defendants, as some people may decide to represent themselves rather than pay a contribution. This issue will be carefully monitored during the ‘early adopter' phase and as part of the post-implementation review following national roll out.

The recent consultation on Crown court means testing received a total of 48 responses. Over two thirds of respondents (34 in all) either explicitly supported or implied in their comments that they supported the principle that those who can afford to pay towards their defence costs should be asked to do so.

Mentally Disturbed Offenders: Milton Keynes

Mr. Lancaster: To ask the Secretary of State for Justice how many criminals were diagnosed with a mental illness in Milton Keynes in each of the last five years. [280874]

Phil Hope: I have been asked to reply.

This information is not collected centrally.

Offenders: Cannabis

Dr. Evan Harris: To ask the Secretary of State for Justice how many (1) Vietnamese (a) adults and (b) children have been (i) arrested and (ii) charged for offences related to cannabis production in the last three years; [278936]

(2) how many individuals of each nationality have been charged with offences relating to cannabis production in the last three years. [278941]

Claire Ward: Information collected centrally by the Ministry of Justice on arrests does not include nationality of the person arrested. We collect data in line with Cabinet Office advice and this identifies self-defined ethnicity (16+1) as the appropriate recording method and this does not include nationality.

Prison Accommodation

Mr. Ancram: To ask the Secretary of State for Justice how many category B prisoners are currently held in category C prisons; and how many category C prisoners are held in category D penal establishments. [276258]


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Maria Eagle: Category C prisoners are not held in category D prisons. All prisoners are assessed as to their risk of escape or abscond, which ensures allocation of prisoners to a prison providing appropriate levels of security. Only those considered suitable would be held in category D open conditions. Those same procedures ensure that category B prisoners are not allocated to category C prisons, and that all prisoners are held in an establishment of the security category to which they have been assigned.

Prisoners re-categorised to a higher category would be held in the prison's segregation unit until such time as they could be moved to more appropriate accommodation.

The correct categorisation and allocation, balancing security issues and the needs of the prisoner, helps prisoners to use their sentences constructively, to tackle their offending behaviour and to prepare for their eventual release. All prisoners must be placed in the lowest security category consistent with the needs of security and control and the need to protect the public. Prisoners of a higher security category would not, as a matter of course, be held in an establishment of a lower category. The only exceptions to this will be where prisoners are re-categorised, and then await a move to a different establishment.

Prison Sentences

David Howarth: To ask the Secretary of State for Justice pursuant to the answer of 1 June 2009, Official Report, column 81W, on prison sentences, what the average length of time in custody served by offenders sentenced to two months' imprisonment (a) before sentencing and (b) after sentencing was in the latest year for which figures are available. [280431]

Claire Ward: In 2007, the average time spent in custody for those prisoners sentenced to two months imprisonment was around 20 days before sentencing and around 26 days after sentencing.

If a prisoner is sentenced to a two-month prison sentence, they will serve one month in custody after the date of sentence, unless they have served time in custody on remand prior to sentence or are eligible for earlier release under the End of Custody Licence scheme (ECL). Prisoners serving less than four weeks are not eligible for consideration for early release under the ECL scheme.

The averages presented above include (a) those offenders who are not remanded into custody before sentencing and therefore serve the full one month in custody following sentence (or less if released early under ECL); (b) others who spend some time remanded to custody prior to sentencing and therefore serve less than 1 month in custody following sentence; (c) a small number of offenders who spend one month or more remanded to custody prior to sentencing, and are therefore released on the day of sentence because they have served the custodial period of their two-month sentence while on remand.

These figures have been drawn from administrative IT systems which, as with any large scale recording system, are subject to possible errors with data entry and processing.


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Prisoner Escapes

Mr. Garnier: To ask the Secretary of State for Justice how many (a) category B and (b) category C prisoners have escaped from prison in each of the last 12 years; and how many such offenders remain at large. [281155]

Maria Eagle: Escapes from prison have been falling for over a decade and 2008-09 saw the lowest level of prison escapes since records began. The data in the following table show escapes of category B and C prisoners in England and Wales in each of the last 12 years and broken down by year, and showing incidents where a prisoner remains at large.

Escapes of category B and C prisoners by year, showing those remaining unlawfully at large
Category B prisoners Category C prisoners Offender remaining at large

1997-98

13

1998-99

8

2

1999-2000

12

1

2000-01

5

2001-02

6

5

2002-03

2

1

2003-04

3

1

2004-05

10

2005-06

2

2006-07

1

2007-08

3

1

2008-09

Notes: 1. includes male adult prisoners categorised to B or C but excludes all others including uncategorised remand prisoners, and those such as women and young offenders who are not categorised at B or C. 2. There has not been an escape of a category A prisoner since 1995. 3. These figures have been drawn from administrative data systems. Although care is taken when processing and analysing the returns, the detail collected is subject to the inaccuracies inherent in any large scale recording system.

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