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Prisoners: Learning Disability
Mr Tom Clarke: To ask the Secretary of State for Justice what steps he is taking to ensure that when an authorised person explains the effect of a conditional caution to offenders, including those with a learning disability, it is done in a way which is easily understood by the offender; and if he will make a statement. [88754]
Mr Blunt: The police and Crown Prosecution Service have guidance in the form of the Revised Code of Practice on Adult Conditional Cautions and the Directors Guidance on Adult Conditional Cautions to help them decide whether an offence is suitable for a conditional caution. This guidance contains a number of safeguards to ensure conditional cautions are used appropriately.
The Code of Practice for Conditional Cautions is clear that before a conditional caution can be administered the authorised person (usually a police officer) must ensure the offender understands the implications of accepting a conditional caution, including what is required from them to complete the conditions, and that it will form part of their criminal record. The authorised person should also ensure that the offender has had the opportunity to receive free and independent legal advice before accepting a condition caution.
Conditions must always be appropriate, proportionate and achievable and an offender must agree to accept them. It is a requirement of the Police and Criminal Evidence (PACE) Codes of Practice that individuals who are detained by the police and are identified as having mental health issues including learning disabilities should be provided with an appropriate adult. It is the appropriate adult's role to give advice and assistance to the detainee and to assist them in understanding the procedures being followed, including any interview or any proposals to give a caution. The police have guidance on recognising and responding to people with mental ill health or learning disabilities.
Prisons: Energy
Luciana Berger: To ask the Secretary of State for Justice (1) further to the answer of 12 December 2011, Official Report, columns 505-6W, on prisons: energy, what proportion of the prison estate the sample sites represented; [87898]
(2) what estimate he has made of how much energy has been saved at each prison where energy saving technology has been installed since May 2010; and what the monetary value of the saving was; [87900]
(3) how much was invested at each prison where energy saving technology has been introduced since May 2010; [87901]
(4) how many prison sites have not installed any energy saving technology since May 2010. [87902]
Mr Blunt: Further to the answer of 12 December 2011, Official Report, column 505-6W, all public sector prisons were sampled.
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The Ministry of Justice is unable to provide an estimate of how much energy has been saved and the monetary value of the saving at each prison where energy saving technology has been installed since May 2010 as the information is not held centrally and could be obtained only at disproportionate cost.
The Ministry of Justice is unable to say how much has been invested in energy saving technology at each prison since May 2010 as this information is not held centrally and could be obtained only at
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disproportionate cost. However, the following table shows the amounts invested through the Department of Energy and Climate Change-funded Salix scheme at each prison.
The Ministry of Justice is unable to say how many prison sites have not installed any energy saving technology since May 2010 as the information is not held centrally and could be obtained only at disproportionate cost.
| Amounts invested through the Department of Energy and Climate C hange-funded Salix scheme at prisons in England and Wales since May 2010 | |||
| Date | Prison | Project | Cost (£) |
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| (1 )Training centre at Highpoint prison. | |||
Prisons: Foreign Nationals
Cathy Jamieson: To ask the Secretary of State for Justice (1) what discussions he has had with (a) the UK Borders Agency and (b) the Prison Officers' Association on the building of prisons to accommodate foreign nationals only; [88696]
(2) further to the statement of 19 December 2011, Official Report, column 1061, on foreign national offenders, how many prisons will be built to accommodate only foreign nationals; and where such prisons will be located; [88697]
(3) pursuant to his oral statement of 19 December 2011, Official Report, column 1061, how many prisoner places will be provided in the proposed new build prisons for foreign nationals; [88698]
Mr Blunt: No prisons are being built to accommodate foreign nationals only. The prison capacity programme is ongoing and will deliver two new prisons in 2012, HMP Thameside and HMP Oakwood, neither of which is intended to hold foreign nationals only.
As stated on 19 December 2011, it is our intention to open more foreign national only prisons. This will be achieved by the conversion of existing prisons to this function. Joint work is under way between UKBA and NOMS to identify appropriate establishments for this purpose.
Harassment
John McDonnell: To ask the Secretary of State for Justice whether he has plans to give courts powers to impose community treatment orders in respect of persons convicted under the provisions of the Protection from Harassment Act 1997. [87527]
Mr Blunt: The courts already have powers to impose both community sentences and suspended sentence orders for offences under the Protection from Harassment Act and can therefore impose alcohol, drug and mental health treatment requirements as part of these sentences, where appropriate. In addition, accredited offending behaviour programmes and other interventions can be included as a requirement of a community order, a suspended sentence order or as licence condition, in appropriate cases.
John McDonnell: To ask the Secretary of State for Justice what funding is available for existing treatment programmes or clinics for persons convicted of stalking offences under the Protection from Harassment Act 1997. [87528]
Mr Blunt: There is no funding that is specifically allocated for the treatment of offenders convicted of stalking offences. Offenders are directed to appropriate programmes or services to address relevant aspects of their criminal behaviour following assessment of their underlying risk factors.
Rights of Accused: EU Action
Naomi Long: To ask the Secretary of State for Justice what recent progress has been made in the negotiations on the draft directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings; and if he will make a statement. [87358]
Mr Kenneth Clarke:
The UK did not opt in to this proposed directive, although we support the principle behind it, because the Government considered that some of the provisions in the Commission's proposals would have an adverse impact on our ability to
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investigate and prosecute offences effectively. Good progress has been made in negotiations, but the Government still have some concerns about the content of the draft directive. The relevant Committee of the European Parliament is yet to publish a draft report in response to the Commission's proposal. On 13 December, the right hon. the Lord McNally wrote to the European Scrutiny Committees to update them about the progress of the negotiations.
The Government will continue to engage in the negotiations. In the event our concerns about the initial draft of the directive are satisfactorily dealt with, we will consider whether we should apply to opt into it once it has been adopted, as our protocol to the Treaty on the Functioning of the European Union allows. A well-drafted directive could be of considerable benefit to British subjects arrested in other member states. We will consult Parliament about any decision to apply to opt in.
Sentencing: Drugs
Diana Johnson: To ask the Secretary of State for Justice how many people are serving a custodial sentence for the possession of a (a) class A and (b) class B drug. [88420]
Mr Blunt: As at 30 September 2011, there were 10,604 prisoners in England and Wales serving sentences for drug offences. This total included 561 who were serving sentences for drug possession, and a further 3,461 for possession with intent to supply. From the data held centrally it is not possible to separately identify the numbers serving sentences for possession by class of drug.
Sexual Offences
Fiona Mactaggart: To ask the Secretary of State for Justice what steps he is taking to ensure sex offenders leaving prison on completion of their sentence move into settled accommodation that conforms to the requirements of registration; and if he will make a statement. [85918]
Lynne Featherstone [holding answer 19 December 2011]: I have been asked to reply on behalf of the Ministry of Justice.
If an offender is released from a sentence of 12 months or more, he or she will be subject to supervision on licence for a specified period.
During this time, they must only reside at an address approved by their supervising probation officer. During the custodial part of the sentence, there will be discussion between the probation officer and the offender about what is a suitable release address. Failure to reside at an address approved by the probation officer can result in the offender being recalled to custody.
Sex offender registration requirements usually last much longer than the post-supervision licence and can be indefinite.
Offenders sentenced to less than 12 months imprisonment will not be released on a licence, but if they have been convicted of a sexual offence they will be subject to notification requirements. This means
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they will be required to notify their personal details with the police, including name, address, date of birth and national insurance number. Offenders are required to notify within three days of becoming subject to notification and must notify annually or whenever their details change for the duration of their notification requirements.
The Home Office has recently consulted on four proposals to further strengthen existing notification requirements, including the requirement to notify weekly where an offender is registered as “no fixed abode”. We will publish our conclusions in due course.
Witnesses: Finance
Sadiq Khan: To ask the Secretary of State for Justice how much funding his Department allocated to the Witness Service in each year from 1997 to 2011. [87930]
Mr Blunt: The Witness Service, which provides support to witnesses appearing in magistrates and Crown courts in England and Wales, is part of the core service provided by Victim Support, the national charity for victims and witnesses of crime which is principally funded by the Ministry of Justice.
The table details the total amount of central Government grant funding provided to Victim Support between 2000-01 and 2010-11 and the amount of this grant allocated each year by Victim Support to the Witness Service. Between 2000-01 and 2007-08 separate Witness Service arrangements existed for magistrates and Crown courts; figures are provided for both. Since 2008-09 there has been a single Witness Service covering all of those courts.
Records of the amount of funding allocated to the Witness Service prior to 2000-01 are not available. The total amount of funding to be allocated to the Witness Service in the current financial year (2011-12) has yet to be finalised.
| £ | ||||
| Financial year | Magistrates court witness service | Crown court witness service | Total witness service funding | Total MOJ grant to victim support |
Young Offenders: Learning Difficulty
Mr Tom Clarke:
To ask the Secretary of State for Justice what steps he is taking to ensure that, if a police officer gives a youth caution to a person, including someone with a learning disability, the processes associated with the caution are communicated in an accessible way and where the offender requires support to communicate or
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understand the process, communicated in the presence of the appropriate adult; and if he will make a statement. [88756]
Mr Blunt: Provisions in the Legal Aid, Sentencing and Punishment of Offenders Bill introduce youth cautions for young offenders aged under 18 years which will, when implemented, replace the current final warning scheme. The provisions require the police to explain the effect of the youth caution to the young person in ordinary language. Guidance will set out that this information must be given orally and supplemented with written information clearly explaining the effect of the youth caution. All youth cautions must be given in the presence of an appropriate adult if the young person is under 17 or otherwise deemed vulnerable. This could include having a learning disability.
Mr Tom Clarke: To ask the Secretary of State for Justice what representations he has received on whether when a police officer gives a youth caution to a person, including someone with a learning disability, the processes associated with the caution are communicated in an accessible way and where the offender requires support to communicate or understand the process, communicated in the presence of the appropriate adult; and if he will make a statement. [88757]
Mr Blunt: The Ministry of Justice has received written representations on this subject from Mencap. Lord McNally, the Minister of State for Justice, met Lord Rix, Lord Wigley, Lord Ramsbotham and Mencap representatives on 14 December 2011 to discuss Mencap's suggested amendments to the Legal Aid, Sentencing and Punishment of Offenders Bill including those related to youth cautions.
Youth Justice
Mrs Chapman:
To ask the Secretary of State for Justice pursuant to the contribution of the Parliamentary Under-Secretary of State to the Public Bill Committee on the Legal Aid, Sentencing and Punishment of Offenders Bill of 13 October 2011,
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Official Report,
columns 794-97, on young adult offenders, what specific measures he has introduced to create flexibility to enable people within the criminal justice system to begin to address this age group as a priority. [85481]
Mr Blunt: The Government’s reform agenda is to drive improved results for all offenders, including young adults.
Measures are also being undertaken to improve outcomes for young adult offenders through the process of transition from the youth justice system to the criminal justice system at the age of 18. The Youth to Adult Portal, which is now being piloted, has been constructed to enable timely sharing of offender assessments and other information about offenders. The Youth Justice Board with the National Offender Management Service have recently begun the process of reviewing the operation of the national joint Youth Justice Board/National Offender Management Service protocol. The YJB and NOMS are working collaboratively to replace the current community focused protocol, introduce new guidance for transitions within custody and provide examples of effective practice. This will assist in establishing an agreed transitions process which promotes understanding between youth offending teams, probation trusts and young offender institutions and more effective use of the information available at critical stages in the transition process.
The Ministry of Justice is also running a programme of Payment by Results pilots. Providers will be paid for their success at rehabilitating offenders and reducing reoffending, and will be given increased freedoms to work with offenders in new and innovative ways. Young adult offenders are included within the scope of the pilots at Peterborough and Doncaster prisons. They are also included within the scope available to the local justice reinvestment pilots in Greater Manchester and London though it will be for local areas themselves to decide how they prioritise their work with regard to the risk of reoffending rather than the age of particular offenders. We will keep the position of young adult offenders under review as we develop further Payment by Results proposals.